United States v. Pink case brief, 315 US 203 (1942)

United States v. Pink
315 US 203 (1942)


FACTS
US settles dispute with Russia by accepting lump sum payment for recognition of Russia’s new government; Congress tacitly recognized that policy

-       Why was the Litvinov assignment valid?

• The President has the power to receive ambassadors, which, according to the court, contains the implied power to make agreements concerning the recognition foreign governments
  • “The authority is not limited to a determination of the government to be recognized.  It includes the power to determine the policy which is to govern the question of recognition.”
• Because the Litvinov assignment was a part of the agreement of recognition of the Soviet Government, it was within the power of the president to make this agreement alone

-       Justice Jackson category 1:

• President concluded an agreement on his own authority, and Congress tacitly consented.