Cargo of the Brig Aurora v. United States

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Cargo of the Brig Aurora v. United States
Seal of the United States Supreme Court.svg
Full case name Cargo of the Brig Aurora v. United States
Citations 11 U.S. 382 (more)
7 Cranch 382; 3 L. Ed. 378
Holding
Congress may revive a law by conditioning its revival on certain inaction by the President. Such is not an unconstitutional delegation of legislative authority.
Court membership
Chief Justice
John Marshall
Associate Justices
Bushrod Washington · William Johnson
Henry B. Livingston · Thomas Todd
Gabriel Duvall · Joseph Story
Case opinions
Majority Johnson, joined by unanimous
Laws applied
U.S. Const. art. I, § 8, cl. 3

Cargo of the Brig Aurora v. United States, 11 U.S. (7 Cranch) 382 (1813), involved a forfeiture statute that Congress passed with a condition. The 1809 trade prohibition against Great Britain was to be reinstated in 1810 unless the President declared, by proclamation, that Great Britain was no longer violating the neutrality of the United States. The defendant argued unsuccessfully that such a conditional law unconstitutionally delegated congressional legislative authority to the President. The Court unequivocally upheld "reviving the act...either expressly or conditionally, as their judgment should direct."[1]

References[edit]

  1. ^ Cargo of the Brig Aurora v. United States, 11 U.S. (7 Cranch) 382, 388 (1813).

External links[edit]