This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
Dames & Moore v. Regan, Sec’y of the Treasury: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
(Created page with "{{Infobox Case Brief |court=U.S. Supreme Court |citation=433 U.S. 654 (1981) |date=1981 |subject=Constitutional Law |appealed_from= |case_treatment=No |overturned= |partially_...") |
Lost Student (talk | contribs) m (Text replacement - "|case_treatment=No " to "") |
||
Line 5: | Line 5: | ||
|subject=Constitutional Law | |subject=Constitutional Law | ||
|appealed_from= | |appealed_from= | ||
|overturned= | |overturned= | ||
|partially_overturned= | |partially_overturned= |
Latest revision as of 03:40, July 14, 2023
Dames & Moore v. Regan, Sec’y of the Treasury | |
Court | U.S. Supreme Court |
---|---|
Citation | 433 U.S. 654 (1981) |
Date decided | 1981 |
Facts
After diplomats in Tehran were kidnapped, President Carter, acting pursuant to the International Emergency Economic Powers Act, blocked all property and interests in the government of Iran by executive order. Then the US made an agreement to terminate all legal proceedings in US courts involving US persons and institutions against Iran, to get the hostages released. The petitioner filed this action for injunctive relief against the US to prevent enforcement of the executive order.
Issues
Whether the practice of settling foreign claims by executive agreement without the advice and consent of the Senate is Constitutional.
Holding
Congress has implicitly approved this practice.
Rule
Where the settlement of claims has been determined to be a necessary incident to the resolution of a major foreign policy dispute between our country and another, and where Congress acquiesced in the President’s action, the President has the power to settle such claims.