Chapter 4 - The President’s National
Security Powers
Learning Objectives
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What is a delegation question?
Why does the court have different standards for
delegation of foreign versus domestic powers.
What is the "sole organ" doctrine?
Should there be a different standard for foreign
affairs than domestic governance, and why?
US v Curtis Wright, 299 US 304 (1936)
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What is the procedural posture of this case?
 Check the full text if you are not sure
What are the defendants accused of?
Why do they want the congressional delegation of power
declared unconstitutional?
This is 1936 - what other delegation doctrine cases are
before the court?
How does Chadha affect the use of joint resolutions?
 What can they be used for that has legal force?
Bolivia
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What is the Monroe Doctrine?
Why did we care about Bolivia?
What is going on in Bolivia and how does the joint
resolution address it?
Is this the only time were involved with Central
and South America?
The Joint Resolution
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Where do the underlying events take place, in or
outside the US?
Does this court see this a foreign affairs issue?
Why is that critical?
 Think of what else is going on with the
delegation doctrine at this time
The Delegated Powers
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What findings does the president have to do to
make under the joint resolution?
What does he have to do with the findings to
trigger the joint resolution?
What penalties does the law provide?
Why do the penalties have to come from
Congress?
Why is an issue at Guantanamo?
The Presidential Declaration
Now, therefore, I, Franklin D. Roosevelt, President of the United
States of America, acting under and by virtue of the authority
conferred in me by the said joint resolution of Congress, do hereby
declare and proclaim that I have found that the prohibition of the sale
of arms and munitions of war in the United States to those countries
now engaged in armed conflict in the Chaco may contribute to the
reestablishment of peace between those countries, and that I have
consulted with the governments of other American Republics and
have been assured of the cooperation of such governments as I have
deemed necessary as contemplated by the said joint resolution; and I
do hereby admonish all citizens of the United States and every
person to abstain from every violation of the provisions of the Joint
Resolution above set forth, hereby made applicable to Bolivia and
Paraguay, and I do hereby warn them that all violations of such
provisions will be rigorously prosecuted.
Constitutional Allocation of Powers
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In this court's analysis, who held the domestic
powers between the Declaration of Independence
and the signing of the Constitution?
Who held the foreign powers during this period?
What does this mean for the transfer of powers in
the Constitution?
The Senate Report of 1816
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"The President is the constitutional representative of the
United States with regard to foreign nations. He manages
our concerns with foreign nations and must necessarily
be most competent to determine when, how, and upon
what subjects negotiation may be urged with the greatest
prospect of success. For his conduct he is responsible to
the Constitution. The committee consider this
responsibility the surest pledge for the faithful discharge
of his duty. They think the interference of the Senate in
the direction of foreign negotiations calculated to
diminish that responsibility and thereby to impair the
best security for the national safety.
Is this a Proper Delegation?
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The Court's question:
 In other words, assuming (but not deciding)
that the challenged delegation, if it were
confined to internal affairs, would be invalid,
may it nevertheless be sustained on the ground
that its exclusive aim is to afford a remedy for a
hurtful condition within foreign territory?
The Sole Organ
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As Marshall said in his great argument of March 7, 1800,
in the House of Representatives, ‘‘the President is the
sole organ of the nation in its external relations, and its
sole representative with foreign nations.’’
What are the possible meaning of this formulation?
 Does the president get to make all the foreign policy?
 Is he just the spokesman for the US?
The Congressional Role in Foreign Policy
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How can Congress affect foreign policy?
Can it forbid specific actions?
Did this court think that congress should try to
specifically direct the president on foreign affairs?
Why does the court find that this is not an
improper delegation of authority case?
Is the Court's discussion of the history of foreign
powers just dicta?
Stop for inauguration