Cargo of the Brig Aurora v. United States

Cargo of the Brig Aurora v. United States
Supreme Court of the United States
Argued February 23, 1813 Decided February 26, 1813
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 H. Brockholst Livingston · Thomas Todd Gabriel Duvall · Joseph Story
Case opinion
Majority	Johnson, joined by unanimous
Laws applied
U.S. Const. art. I, § 8, cl. 3 and Non-Intercourse Act

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 Non-Intercourse Act, a trade prohibition against Great Britain, would be reinstated the following year unless the President declared that it was no longer violating the neutrality of the United States. The Court unanimously rejected arguments based on the nondelegation doctrine, "reviving the act [...] neither expressly or conditionally, as their judgment should direct."

External links

• Text of Cargo of the Brig Aurora v. United States, 11 U.S. (7 Cranch) 382 (1813) is available from: Google Scholar Justia Library of Congress OpenJurist