Irving Sarnoff v. John B. Connally, Secretary of the Treasury, Dorothy A. Elston, Treasurer of the United States

U.S. 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, 457 F.2d 809 (9th Cir. 1972)
1972 U.S. App. LEXIS 10499

Irving Sarnoff v. John B. Connally, Secretary of the Treasury, Dorothy A. Elston, Treasurer of the United States

Opinion

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. 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).

Dismissal of the complaint is affirmed.

Reference

Full Case Name
Irving SARNOFF Et Al., Plaintiffs-Appellants, v. John B. CONNALLY, Secretary of the Treasury, Dorothy A. Elston, Treasurer of the United States, Defendants-Appellees
Cited By
11 cases
Status
Published