1981

USSC

Dames & Moore v Reagan 453 US 654 (1981)

Under the Emergency Economic Powers Act president Carter declared a national emergency on November 14 1979 and blocked the removal of all property or interest of the government of Iran. On 20 January 1981, Americans Hostages released. On January 19 1981 Carter issued executive orders implementing the Algiers Accords, and requiring the American Banks to transfer the monies to the FED On February 24 1981 Reagan ratified the executives orders. An American company that have made some works to the Atomic Energy Organization of Iran, attempted to execute a judgement against the Iranian Organization. In this case the company asked to declare the unconstitutionality of the orders to the extent that they adversely affected the execution of the corporation’s final judgement and its ability to litigate against Iranian banks

On certiorari the USSC: The order of the President nullifying all attachments obtained on Iranian assets after the blocking order of November 1979, was authorised by the International Emergency Economic Powers Act … the president’s action being supported by the strongest presumption and the widest latitude of judicial interpretation since it was taken pursuant to specific congressional authorisation …was within the authority of the president … to deal with international crises… the president, by suspending the claims not having circumscribed the jurisdiction of the US courts in violation of article III of the Constitution [Power of the US president to conclude international claim settlement]