The Trade Agreement Act in Court and in Congress

John Day Larkin

American Political Science Review, 1937, vol. 31, issue 3, 498-507

Abstract: “Practically every volume of the United States Statutes contains one or more acts or joint resolutions of Congress authorizing action by the President in respect of subjects affecting foreign relations, which either leave the exercise of the power to his unrestricted judgment, or provide a standard far more general than that which has always been considered requisite with regard to domestic affairs.” Thus did Mr. Justice Sutherland summarize the legal precedents for the President's actions in imposing an embargo on arms shipments to certain belligerent countries in South America, after Congress had delegated to him discretionary authority in such matters. This is more than a succinct historical summary. It is the first case in which the dicta of the Court has made clear that sharp line of distinction between the Chief Executive's discretionary powers in foreign affairs and those in internal matters.

Date: 1937
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