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Understanding Curtiss-Wright

Abstract

The most striking feature of the Supreme Court's decision in United States v. Curtiss-Wright Export Corp. is its language asserting an independent and exclusive executive foreign affairs power. As “the sole organ of the federal government in the field of foreign relations,” the Court declared, the executive holds “very delicate, plenary and exclusive power” that “does not require as a basis for its exercise an act of Congress.” From the day the case was decided, it has stood as a preeminent authority for those who would magnify the constitutional role of the president by proclaiming the independent and unchecked nature of the executive's foreign affairs power.

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epurcell@nyls.edu
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Law and History Review
  • ISSN: 0738-2480
  • EISSN: 1939-9022
  • URL: /core/journals/law-and-history-review
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