...231, 244 tHawk ed. 19861. Hence, the courts traditionally refrain from disturhing "the very delkate, plenary and exclusive power of the President as the sole organ of the federal gevermueat in the field of foreign 42. That article has provided, in pan, that if the CONTRACTING PARTIES...

...Justice George Sutherland in his opinion in United States v. Curtiss-Wright Corp. that the executive is the "sole organ of the federal government in the field of international relations" (1936, 320). 3. See Marubeni America Corp. v. United States, 1 7 CIT 360-65 (1993). 4. For further...

...relied on their reading of the Supreme Court's 1936 opinion in US v. Curtiss-Wright Export Corp. that referred to "the very delicate, plenary and exclusive...government in the field of international relations." The Curtiss-Wright "sole organ" dictum merely recognized the president's exclusive authority to carry...

...performed by the Central Intelligence Agency and the Director of Central Intelligence lie at the core of 'the very delicate, plenary and exclusive power of...government in the field of international relations. ' . . . The authority of the Director of Central Intelligence to control access to sensitive national...

...branch. See, eg . United States v. Curtiss -Wright Export Co.. 299 US 304, 320 (1936) (the President is "the sole organ of the federal government in the field of international relations"); Chicago and Southern Air Lines v. Waterman SS Corp.. 333 US 103, ill (1948) 'the President is "the...

...Curtiss-Wright Export Corporation, 299 US 304 (1936). (In an opinion by Justice Sutherland, the Court held that "the very delicate, plenary and exclusive power of...government in the field of international relations" gives the president "a degree of discretion and freedom from statutory restriction which would not...

...acting in foreign affairs versus domestic matters. In Curtiss-Wright the Court went on to find that "the very delicate, plenary and exclusive power of...government in the field of international relations . . . would not be admissible were domestic affairs alone involved" (319). In no uncertain terms, the...

...nonetheless devoted some attention in Curtiss-Wright to buttressing the legitimacy of what he called "the very delicate, plenary and exclusive power of...government in the field of international relations." 42 Sutherland's arguments for the proposition that the executive was the primary repository of foreign...

...his own, unrestricted by Congress or the Constitution. Sutherland reaches this result by identifying the "very delicate, plenary and exclusive power of...government in the field of international relations."" Here is another Sutherland misconception: the power of the president to operate as the "sole organ"...

...was not impaired by the announcement in the Curtiss-Wright Export case in 1936 that the President is the "sole organ" of the federal government in the field of international relations.21 After Curtiss-Wright, as well as before, the Judiciary, not the President, interpreted...