CRS-8
- upon his own constitutional powers minus any constitutional powers of Congress over the entire matter. Courts can sustain exclusive presidential control in such a case only by disabling the Congress from acting upon the subject. Presidential claim to a power at once so conclusive and preclusive must be scrutinized with caution, for what is at stake is the equilibrium established by our constitutional system.[1]
Executive Authority after Youngstown
Justice Jackson's "oversimplified"[2] standards have been and continue to be adhered to. However, some modifications have been made as more complex situations have arisen. Thus, the Supreme Court had the opportunity to review such a case when President Carter claimed implied legislative support for his actions in response to the seizure of American personnel as hostages at the American Embassy in Tehran, Iran. There the President, pursuant to the International Emergency Economic Powers Act (IEEPA), declared a national emergency on November 14, 1979, and blocked the removal or transfer of all property and interests in property of the Government of Iran which were subject to the jurisdiction of the United States.[3] On January 19, 1981, the President, pursuant to an agreement with Iran, issued an executive order revoking all licenses permitting the exercise of "any right, power, or privilege" with regard to Iranian funds, securities, or deposits; "nullified" all non-Iranian interests in such assets acquired subsequent to the blocking order of Nov. 14, 1979; and required those banks holding Iranian assets to transfer them "to the Federal Reserve of New York, to be held or transferred as directed by the Secretary of the Treasury."[4] On February 24, 1981, President Reagan issued an executive order in which he "ratified" Executive Order 12279.[5] Moreover, he "suspended" all "claims which may be presented to the . . . Tribunal" and provided that such claims "shall have no legal effect in any action now pending in any court of the United States."[6]
In Dames & Moore v. Regan, the Supreme Court was asked to review various executive orders and regulations by which the President nullified attachments and liens on Iranian assets in the United States, directed that these assets be transferred to Iran, and suspended claims against Iran that could be presented to an International Claims Tribunal.[7] The Court upheld the President's action in nullifying the attachments and ordering the transfer of the assets since it was taken pursuant to specific congressional
- ↑ Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. at 635-638.
- ↑ As described by Jackson himself in his concurrence in Youngstown. 343 U.S. at 635.
- ↑ Exec. Order No. 12170, 3 CFR 457 (1980).
- ↑ Exec. Order No. 12279, 46 Fed. Reg. 7919.
- ↑ Exec. Order No. 12294, 46 Fed. Reg. 14111.
- ↑ Id.
- ↑ 453 U.S. 657 (1981).
