UNITED STATES V. CURTISS-WRIGHT CORP.
299 U.S. 304 (1936)
NATURE OF THE CASE: This is an indictment charging a conspiracy to sell guns illegally.
FACTS: A resolution of Congress authorized the President to decide the legality of the
sale of weapons to countries involved in the Bolivian war. The President issued a
proclamation prohibiting the sales of arms to countries involved in the conflict. Curtiss
Wright Corp. (D) ignored the proclamation and sold machine guns to Bolivia. D was indicted.
D demurred in that the joint resolution effects an invalid delegation of legislative power
to the executive and that the joint resolution never became effective, because of the
failure of the President to find essential jurisdictional facts, and third, that the second
proclamation operated to put an end to the alleged liability under the joint resolution. The
court below sustained the demurrers upon the first point, but overruled them on the second
and third points. The government appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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