The Story Of How Classical Liberal Justice George Sutherland Enabled Executive Overreach Abroad
IN FEBRUARY 2018, Solicitor General Noel Francisco, an appointee of President Donald Trump, argued in support of Trump’s 2017 executive order banning immigrants from certain largely majority-Muslim countries. The president enjoys “broad authority” to act in this area, the government insisted in its brief to the U.S. Supreme Court, “when he deems it in the Nation’s interest.” Among the legal authorities Francisco cited in support of this argument was a 1936 ruling on presidential power known as United States v. Curtiss-Wright Export Corporation.
The same ruling has come up under both of Trump’s immediate predecessors as well. In 2007, for example, Solicitor General Paul Clement, an appointee of President George W. Bush, cited Curtiss-Wright while urging the U.S. Supreme Court to deny the writ of habeas corpus to enemy combatants held at the U.S naval base at Guantanamo Bay, Cuba. Three years later, Neal Katyal, the acting solicitor general under President Barack Obama, cited it in a brief to the Supreme Court claiming that the “sovereign” power to “expel or exclude aliens” is “largely immune from judicial control.”
It’s safe to assume that when the White House wants a free hand to operate in the name of foreign affairs, Curtiss-Wright will be invoked. In many ways, the ruling and its author are at the heart of the American presidency’s most sweeping claims to unilateral authority.
The precedent involved a 1934 joint congressional resolution granting President Franklin Roosevelt wide discretionary power to stop U.S. firms from selling arms to Bolivia and Paraguay, which were then involved in a conflict known as the Chaco War. Roosevelt wielded this power via presidential proclamation.
Esta historia es de la edición August/September 2018 de Reason magazine.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 9,000 revistas y periódicos.
Ya eres suscriptor ? Conectar
Esta historia es de la edición August/September 2018 de Reason magazine.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 9,000 revistas y periódicos.
Ya eres suscriptor? Conectar
Gimme Shelter - The U.S. confronts a growing homelessness problem. Does Miami have the answer?
The U.S. confronts a growing homelessness problem. Does Miami have the answer?
AI Is Coming for Hollywood's Jobs
But so is everyone else.
AI Can Do Paperwork Doctors Hate
With help from AI, doctors can focus on patients.
Antitrust May Smother the Power of AI
Left alone, AI could actually help small firms compete with tech giants.
A Brief, Biased History of the Culture Wars
THE FIRST PAR AGR APH of the book jacket lays it out: “There is a common belief that we live in unprecedented times, that people are too sensitive today, that nobody objected to the actions of actors, comedians, and filmmakers in the past.
FAMILIES NEED A VIBE SHIFT
THE AUTHORS OF FOUR NEW BOOKSWITH 24 KIDS BETWEEN THEM-SAY THE AMERICAN FAMILY NEEDS A COURSE CORRECTION.
"The Past Is There To Teach Us What Can Happen'
Hardcore History's Dan Carlin on hero worship and moral assumptions in the study of the past
Cutting Off Israel
ENDING U.S. AID WOULD GIVE WASHINGTON LESS LEVERAGE IN THE MIDDLE EAST. THAT’S WHY IT’S WORTH DOING.
WHAT CAUSED THE D.C.CRIME WAVE?
GOVERNMENT MISMANAGEMENT, NOT SENTENCING REFORM OR SPARSE SOCIAL SPENDING, DESERVES THE BLAME.
States Turn Their Backs on Criminal Justice Reform
IT WAS IMPOSSIBLE to avoid the “strange bedfellows” cliché when reading about the criminal justice reform movement in the 2010s.