U.S. Supreme Court UNITED STATES v. CURTISS-WRIGHT EXPORT CORPORATION, 299 U.S. 304 (1936)

[Page 299 U.S. 304, 324]

shall think it proper, it shall be lawful for him to forbid, by proclamation, all intercourse with such vessel, and with every armed vessel of the same nation, and the officers and crew thereof; to prohibit all supplies and aid from being furnished them' and to do various other things connected therewith. Violation of the President's proclamation was penalized.

On February 28, 1806, an act was passed (c. 9, 2 Stat. 351) to suspend commercial intercourse between the United States and certain parts of the Island of St. Domingo. A penalty was prescribed for its violation. Notwithstanding the positive provisions of the act, it was by section 5 (2 Stat. 352) made 'lawful' for the President to remit and discontinue the restraints and prohibitions imposed by the act at any time 'if he shall deem it expedient and consistent with the interests of the United States' to do so. Likewise in respect of the Non-intercourse Act of March 1, 1809 ( c. 24, 2 Stat. 528); the President was 'authorized' (section 11, p. 530), in case either of the countries affected should so revoke or modify her edicts 'as that they shall cease to violate the neutral commerce of the United States,' to proclaim the fact, after which the suspended trade might be renewed with the nation so doing.

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. Many, though not all, of these acts are designated in the footnote. [Footnote 2]

[Page 299 U.S. 304, 333]

occurred during the designated period. The state appellate court reversed, saying that when laws 'expire by their own limitation, or are repealed, they cease to be the law in relation to past, as well as the future, and can no longer be enforced in any case. No case is, however, to be found in which it was ever held before that they thus ceased to be law, unless they expired by express limitation in themselves, or were repealed. It has never been decided that they cease to be law, merely because the time they were intended to regulate had expired. ... A very little consideration of the subject will convince any one that a limitation of the time to which a statute is to apply, is a very different thing from the limitation of the time a statute is to continue in force.'

The first proclamation of the President was in force from the 28th day of May, 1934, to the 14th day of November, 1935. If the Joint Resolution had in no way depended upon Presidential action, but had provided explicitly that, at any time between May 28, 1934, and November 14, 1935, it should be unlawful to sell arms or munitions of war to the countries engaged in armed conflict in the Chaco, it certainly could not be successfully contended that the law would expire with the passing of the time fixed in respect of offenses committed during the period.

The judgment of the court below must be reversed and the cause remanded for further proceedings in accordance with the foregoing opinion.

It is so ordered.

Mr. Justice McREYNOLDS does not agree. He is of opinion that the court below reached the right conclusion and its judgment ought to be affirmed.

Mr. Justice STONE took no part in the consideration or decision of this case. Footnotes

Footnote 1 In general confirmation of the foregoing views, see 1 Story on the Constitution (4th Ed.) 198-217, and especially sections 210, 211, 213, 214, 215 (p. 153), 216.

Footnote 2 Thus, the President has been broadly 'authorized' to suspend embargo acts passed by Congress, 'if in his judgment the public interest should require if' (Act of December 19, 1806, c. 1, 3, 2 Stat. 411), or if, 'in the judgment of the President,' there has been such suspen-

756, 799, 800 (15 U.S.C.A. 75-77)). As to discriminations by particular countries, it has been made lawful for the President, by proclamation, which he 'may, in his discretion, apply ... to any part or to all' of the subjects named, to exclude certain goods of the offending country, or its vessels. Act of March 3, 1887, c. 339, 24 Stat. 475. And compare Act of July 26, 1892, c. 248, 27 Stat. 267 (46 U.S.C.A. 144, 145 and note). Compare, also, authority given the Postmaster General to reduce or enlarge rates of foreign postage, among other things, for the purpose of counteracting any adverse measures affecting our postal intercourse with foreign countries. Act of March 3, 1851, c. 20, 2, 9 Stat. 587, 589.

The President has been 'authorized' to suspend an act providing for the exercise of judicial functions by ministers, consuls and other officers of the United States in the Ottoman dominions and Egypt whenever he 'shall receive satisfactory information' that the governments concerned have organized tribunals likely to secure to United States citizens the same impartial justice enjoyed under the judicial functions exercised by the United States officials. Act of March 23, 1874, c. 62, 18 Stat. 23 (22 U.S.C.A. 182).

Congress has also passed acts for the enforcement of treaties or conventions, to be effective only upon proclamation of the President. Some of them may be noted which 'authorize' the President to make proclamation when he shall be 'satisfied' or shall receive 'satisfactory evidence' that the other nation has complied: Act of August 5, 1854, c. 269, 1, 2, 10 Stat. 587; Act of March 1, 1873, c. 213, 1, 2, 17 Stat. 482; Act of August 15, 1876, c. 290, 19 Stat. 200; Act of December 17, 1903, c. 1, 1, 33 Stat. 3. Cf. Act of June 11, 1864, c. 116, 1, 13 Stat. 121 (22 U.S.C. A. 256); Act of February 21, 1893, c. 150, 27 Stat. 472.

Where appropriate, Congress has provided that violation of the President's proclamations authorized by the foregoing acts shall be penalized. See, e.g., Act of June 19, 1886; Act of March 3, 1887; Act of September 8, 1916; Act of June 17, 1930-all supra.