Dames & Moore v. Regan
Citation
453 U.S. 654 (1981)
Facts
As part of the agreement securing the release of American hostages held in Iran, President Carter suspended all claims by American nationals against Iran that were pending in U.S. courts and nullified all attachments of Iranian assets. Dames & Moore challenged these executive actions as exceeding presidential authority.
Issue
Whether the President had authority to suspend private claims against Iran and nullify attachments of Iranian assets as part of a hostage release agreement.
Holding
The Court upheld the executive action, finding that Congress had implicitly approved the President’s broad authority in settling foreign claims through historical acquiescence.
Rule
Presidential action in foreign affairs that has been implicitly approved by Congress through historical acquiescence falls within Youngstown Category 1 (or is supported by the “gloss” theory of executive power) and is within constitutional authority.