15 Aug 2022

177

United States v. Belmont Case Brief

Format: APA

Academic level: High School

Paper type: Case Study

Words: 322

Pages: 1

Downloads: 0

Case 

United States v. Belmont - 301 U.S. 324, 57 S. Ct. 758 (1937) 

Facts 

The United States signed an agreement with the Soviet Union in 1933 regarding the operation of their businesses. In the current case, Russian metal company had deposited some money in an American bank before the start of the Russian Revolution. After the revolution, the company was nationalized and it attempted to reclaim the money that it had deposited in the US. The bank in question refused to release the money as per the laws of New York. 

Issue 

Did the agreement between the two nations compel the bank to release the assets in question? 

Holding 

The judges held that the US bank was comled to release the assets of the Russian company as per the agreement between the US and Russia. 

It’s time to jumpstart your paper!

Delegate your assignment to our experts and they will do the rest.

Get custom essay

Majority Opinion Reasoning 

The majority reasoned that even though the two countries were yet to implement their formal treaties as diplomatic agreements, the US government still allowed to seek the assets in question on behalf of the Russian company. 

Rule 

The conduct of diplomatic relations with foreign countries are committed by the US Constitution to the government. Therefore, the propriety of the actions to be taken by the government regarding such relations cannot be subjected to judicial decision or inquiry. 

Application 

According to Justice Sutherland, different treaties existed which did not require the approval of the Senate. In addition, such treaties overrode the statutes that had been passed by the state. It meant that the US government could exercise its powers without regarding the state policies and laws. 

Concurring Opinion Reasoning 

Justice Brandeis and Justice Cardozo concurred with the opinion by stating that even though pacts between the US and other independent states were signed with the view of public welfare, there were those that may not require the involvement of the Senate. 

Dissenting Opinion 

Justice Stones stated that even though he agreed with the results, he was unable to follow the path through which it was arrived at. Furthermore, it was not easy to determine the process through which the state would come up with laws that are inconsistent with those of the federal government. 

Illustration
Cite this page

Select style:

Reference

StudyBounty. (2023, September 15). United States v. Belmont Case Brief.
https://studybounty.com/united-states-v-belmont-case-brief-case-study

illustration

Related essays

We post free essay examples for college on a regular basis. Stay in the know!

Cruel and Unusual Punishments

Since the beginning of society, human behaviour has remained to be explained by the social forces that take control. Be it negative or positive, the significance of social forces extend to explain the behaviour of...

Words: 1329

Pages: 5

Views: 104

Serial Killers Phenomena: The Predisposing Factors

CHAPTER 1: INTRODUCTION _Background information _ Ronald and Stephen Holmes in their article _Contemporary Perspective on Serial Murder_ define a serial killer as anyone who murders more than 3 people in a span...

Words: 3648

Pages: 14

Views: 441

Patent Protection Problem

A patent offers inventors the right for a limited period to prevent other people from using or sharing an invention without their authorization. When a patent right is granted to inventors, they are given a limited...

Words: 1707

Pages: 6

Views: 275

General Aspects of Nonprofit Organizations

Nonprofit organizations are prone to the long and tedious legal process of start-up as compared to their for-profit organizations. However, there are similar rules that govern the startup and the existence of both...

Words: 294

Pages: 1

Views: 73

Contract Performance, Breach, and Remedies: Contract Discharge

1\. State whether you conclude the Amended Warehouse Lease is enforceable by Guettinger, or alternatively, whether the Amended Warehouse Lease is null and void, and Smith, therefore, does not have to pay the full...

Words: 291

Pages: 1

Views: 134

US Customs Border Control

Introduction The United States Border Patrol is the federal security law enforcement agency with the task to protect America from illegal immigrants, terrorism and the weapons of mass destruction from entering...

Words: 1371

Pages: 7

Views: 117

illustration

Running out of time?

Entrust your assignment to proficient writers and receive TOP-quality paper before the deadline is over.

Illustration