Opinion · Court of Appeals for the Ninth Circuit
Irving Sarnoff v. John B. Connally, Secretary of the Treasury, Dorothy A. Elston, Treasurer of the United States
Irving Sarnoff v. John B. Connally, Sec’y of the Treasury, Dorothy A. Elston, Treasurer of the United States, 457 F.2d 809 (9th Cir. 1972)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1972-03-27
- Topic
- general
PER CURIAM: Appellants seek a judicial determination that the military assistance and foreign aid provisions of the Foreign Assistance Act of 1961, as amended, specifically 22 U.S.C. §§ 2318, 2360, and 2364, are an invalid delegation to the Executive of power to wage war without a congressional declaration of war, because of the disbursement of funds under these sections for military purposes in Southeast Asia. The conduct of foreign affairs is within the exclusive province of Congress and the Executive. Whether a plaintiff challenges the selective service system or the foreign aid and appropriations as- *810 peets of congressional cooperation in the present conflict, he presents a political question which we decline to adjudicate. See DaCosta v. Laird, 448 F.2d 1368 (2d Cir. 1971); Orlando v.
Citator
UpLaw has not yet analyzed Irving Sarnoff v. John B. Connally, Secretary of the Treasury, Dorothy A. Elston, Treasurer of the United States. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 12 opinions
William D. Keller, U.S. Atty., Frederick M. Brosio, Jr., Carolyn M. Reynolds, Asst. U.S. Attys., Los Angeles, Cal., for defendants-appellees.
[2] The conduct of foreign affairs is within the exclusive province of Congress and the Executive. Whether a plaintiff challenges the selective service system or the foreign aid and appropriations aspectsPage 810of congressional cooperation in the present conflict, he presents a political question which we decline to adjudicate.SeeDaCosta v. Laird,448 F.2d 1368(2d Cir. 1971); Orlando v. Laird,443 F.2d 1039(2d Cir. 1971), cert. denied,404 U.S. 869, 92 S.Ct. 94, 30 L.Ed.2d 113 (1971); Simmons v. United States,406 F.2d 456, 460 (5th Cir. 1969), cert. denied,395 U.S. 982, 89 S.Ct. 2144, 23 L.Ed.2d 770 (1969); Luftig v. McNamara, 126 U.S.App.D.C. 4,373 F.2d 664(1967), cert. denied,387 U.S. 945, 87 S.Ct. 2078, 18 L.Ed.2d 1332 (1967).
[3] Dismissal of the complaint is affirmed.Page 811