Wednesday, January 11, 2012

United States v. Pink case brief

United States v. Pink, 315 US 203 (1942) p. 213
  • 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

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