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Executive Power
"What's in a name?"
ROMEO AND JULIET

1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9
Dames & Moore

v.

Regan
Executive Power

Chief Justice Rehnquist Opinion
July 2, 1981
Seal Of The Supreme Court
Excerpt:

We are confined to a resolution of the dispute presented to us. That dispute involves various Executive Orders and regulations by which the President nullified attachments and liens on Iranian assets in the United States, directed that these assets be transferred to Iran, and suspended claims against Iran that may be presented to an International Claims Tribunal. This action was taken in an effort to comply with an Executive Agreement between the United States and Iran.

... Although we have concluded that the IEEPA constitutes specific congressional authorization to the President to nullify the attachments and order the transfer of Iranian assets, there remains the question of the President's authority to suspend claims pending in American courts. Such claims have, of course, an existence apart from the attachments which accompanied them. In terminating these claims through Executive Order No. 12294, the President purported to act under authority of both the IEEPA and 22 U.S.C. 1732 the so-called "Hostage Act." (7)

Footnote 7: Judge Mikva, in his separate opinion in American Int'l Group, Inc. v. Islamic Republic of Iran ... argued that the moniker "Hostage Act" was newly coined for purposes of this litigation. Suffice it to say that we focus on the language of 22 U.S.C. 1732 not any shorthand description of it. See W. Shakespeare, ROMEO AND JULIET, Act II, scene 2, line 43 ("What's in a name?").

Text Excerpt:

THE TRAGEDY OF ROMEO AND JULIET, Act II, William Shakespeare

Juliet:
'Tis but thy name that is my enemy;
Thou art thyself, though not a Montague.
What's Montague? It is nor hand, nor foot,
Nor arm, nor face, nor any other part
Belonging to a man. O, be some other name!
What's in a name? that which we call a rose
By any other name would smell as sweet;
So Romeo would, were he not Romeo call'd,
Retain that dear perfection which he owes
Without that title:--Romeo, doff thy name;
And for that name, which is no part of thee,
Take all myself.

Romeo:
I take thee at thy word:
Call me but love, and I'll be new baptiz'd;
Henceforth I never will be Romeo.



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