About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-114839 1 (1978-05-25)

handle is hein.gao/gaobachlp0001 and id is 1 raw text is: COMPTrROLLER GENERAL OF~ THE UNITED STATES 8. WASHINGTON, D.C. 20548 May 25, 1978 B-114839 The Honorable James A. McClure United States Senate Dear Senator McClure: w Ich am writing in response to your letter of February 8, 1978, in wihyou asked whether or not the House of Representatives must play a role in the ratification process of the proposed Panama Canal Treaty, specifically in the disposal of American property in the Canal Zone. The issue which you presented was the subject of a recent Federal court decision. On April 6, 1978, a three-judge panel of the Court of Appeals for the District of Columbia Circuit ruled in a per curiam decision in V. ,(Docket No. 78-1166, 201 decision, dissent by Judge MacKinnon), that the congressional 'power to dispose of U.S. property under Article IV is concurrent with the power to the President,. with the concurrence of two-thirds of the Senate, to make treaties. The plaintiffs' petition for Supreme Court review was denied on May 15, 1978. Docket No. 77-1471. In this case the plaintiffs, 60 Members of the House of Representatives, appealed a District Court decision-dismissing (on grounds of lack of standing) their suit for declaratory judgment that the Constitution requires the approval ofboth Houses of Congress for the disposal of U.S. property, thereby prohibiting the-return of. the Canal Zone to Panama by treaty.. The Court of Appeals chose to set aside the-jurisdictional issue and to decide this case on the merits. wihIn its holding, the Court endorsed the theory of concurrent power wihregard to the Property Clause: It is important to the correct resolution of the legal issue now before us not to confuse what 1 the Constitution permits with what it prohibits. In deciding that Article IV, Section 3, Clause 2 is not the exclusive method comtemplated by the Constitution for disposing of Fe 'deral property, we hold that the United States is not prohibited from employing an alternative means constitutionally L~S~'..'~r• yt..i5.I..UX ..-. ...,.,,. ,,,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most