From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Date: Wed, 25 Sep 1996 23:01:12 +0800
To: Cypherpunks <cypherpunks@toad.com>
Subject: Re: Bernstein hearing: The Press Release
In-Reply-To: <3.0b19.32.19960924160043.006edf48@ricochet.net>
Message-ID: <199609251126.HAA23625@pdj2-ra.F-REMOTE.CWRU.Edu>
MIME-Version: 1.0
Content-Type: text/plain


Greg Broiles writes in a most informative posting:

: And that's what the ITAR is - a body of administrative law developed by the
: executive branch pursuant to a grant of power from Congress. (e.g., 22 USC
: 2778(a)(1), ". . . The President is authorized to designate those items
: which shall be considered as defense articles and defense services for the
: purposes of this section and to promulgate regulations for the import and
: export of such articles and services. The items so designated shall
: constitute the United States Munitions List.") It is subject to review by
: the courts just like the product of Congress itself; and an agency can't do
: something Congress can't do, like write an unconstitutional law.

It should be added though that most administrative regulations are
subject to judicial review by courts to make sure that they comply with
the law passed by Congress.  The ITAR, on the other hand, are not
subject to this sort of review and can only be challenged in the courts
on Constitutional grounds.

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet:  junger@pdj2-ra.f-remote.cwru.edu    junger@samsara.law.cwru.edu
                     URL:  http://samsara.law.cwru.edu