United States v. Curtiss-Wright Export Corp.

Facts

The first count of the indictment charged that the appellees conspired to sell fifteen machine guns in the United States to Bolivia, then engaged in armed conflict in the Chaco. The conspiracy allegedly began on May 29, 1934. The indictment was returned on January 27, 1936. It rested on a Joint Resolution of Congress approved May 28, 1934. The resolution said that if the President found that banning arms sales to the countries fighting in the Chaco might help restore peace, and if, after consulting other American Republics and with their cooperation, he proclaimed it, it would be unlawful to sell arms to those countries, except under limitations and exceptions the President prescribed, until the President or Congress ordered otherwise. A violation carried a fine of up to $10,000, or up to two years in prison, or both. President Roosevelt issued a proclamation the same day. It recited that he had made the finding and had consulted other American Republics and been assured of needed cooperation, and it delegated to the Secretary of State the power to prescribe exceptions and limitations. On November 14, 1935, the President revoked that proclamation as to Bolivia and Paraguay from and after November 29, 1935. The revocation said it did not release any penalty or liability already incurred, and that the proclamation and resolution would stay in force to support prosecutions for those violations.

Issues

1. Is the Joint Resolution, as applied to a situation in foreign territory, an unlawful delegation of legislative power to the President?
2. Did the President's proclamation contain a finding that satisfied the requirements of the Joint Resolution?
3. Did the President's second proclamation, revoking the first, end liability under the Joint Resolution for offenses committed while the first proclamation was in force?

Holding

As applied to a situation in foreign territory, the Joint Resolution was not an unlawful delegation of legislative power to the President. The proclamation's finding satisfied the resolution, and revoking the proclamation did not end prosecution for offenses committed while it was in force.