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The Foreign Affairs Power: The Dames & Moore Case, David F. Forte

Law Faculty Articles and Essays

A second look, however, reveals that in Dames & Moore, the Supreme Court did more than resolve some of the sticky legalities that were part of a serious foreign policy crisis. It also moved the country one step forward towards a strengthened constitutional structuring of the foreign affairs power. …Dames & Moore v. Regan was the test vehicle through which the Supreme Court scrutinized the constitutionality of the settlement with Iran which permitted the release of the American hostages held by that government.…Because the executive orders of two Presidents were the only barriers to Dames & Moore executing its judgment, …