iv Cases-continued: United States v. Pink, 315 U.S. 203 United States v. Schooner Peggy, 1 Cranch 103 United States ex rel. Knauff v. Shaughnessy, Wisconsin v. Lane, 245 U.S. 427 Youngstown Sheet & Tube Co. v. Sawyer, Constitution, treaties, statutes, regulation, and rules: United States Constitution: Canal Zone Code, Pub. L. 87-845, 76A Stat. 1 (1962) Florida Treaty with Spain in 1819, 8 Stat. 252, 256 4 18 V Page Constitution, treaties, statutes, regulation, and rules-continued: General Treaty of Friendship and Co-operation, March 2, 1936, entered into force, Isthmian Canal Convention, November 18, ....... Oregon Treaty with Great Britain of 1846, Treaty of Mutual Understanding and Co operation, T.I.A.S. No. 3297, 6 U.S.T. 2273, Webster-Ashburton Treaty with Great Britain of 1842, 8 Stat. 572 28 U.S.C. 1251 28 U.S.C. 1251(b) 28 U.S.C. 1251(b)(2) and (3) 28 U.S.C. 1331 2 Canal Zone Code, 31, 61, 62 ...... 35 C.F.R. 3.1 Supreme Court Rules, Rule 9(2) Fed. R. Civ. P., Rule 24 Miscellaneous: ALI, Restatement (Second) of Foreign 4 4 18 4 18 3 vi Miscellaneous-continued: 123 Cong. Rec. S15144 (daily ed., September 16, 1977) 123 Cong. Rec. S15945-S15951 (daily ed., September 29, 1977) 123 Cong. Rec. S15947 (daily ed., September 29, 1977) 70 Dept. of State Bull. 181 (1974) Page 5 ... 9 19 5 ... 5 2 Farrand, The Records of the Federal 9, 18 Opinion of the Attorney General to the Secretary of State, dated October 11, 1977. 18 State Dept. Sel. Docs. No. 6 State Dept. Sel. Docs. No. 6B 5 5 In the Supreme Court of the United States OCTOBER TERM, 1977 No. 75, Original STATE OF IDAHO, ET AL., PLAINTIFFS V. CYRUS R. Vance, et al. ON MOTION FOR LEAVE TO FILE COMPLAINT BRIEF FOR THE DEFENDANTS IN OPPOSITION JURISDICTION On October 13, 1977, plaintiff states filed a motion for leave to file a complaint invoking this Court's original jurisdiction. The complaint names as defendants the President of the United States and the Secretary of State. It seeks a declaration that the entire Congress has exclusive constitutional authority to dispose of United States property in the Panama Canal Zone or, in the alternative, if the Executive and the Senate possess concurrent power under the Treaty Clause to dispose of such property, a declaration that such authority may not be exercised "in contravention of existing legislation, or so as to deprive citizens of the United States of their Constitutional and statutory recourse" (Complaint, p. 9). This Court's jurisdiction is invoked under Article III, Section 2, of the Constitution, which confers original jurisdiction in cases "in which a State shall be Party." As shown herein, however, the complaint fails to state any claim within this Court's original jurisdiction. (1) 2 QUESTIONS PRESENTED 1. Whether the plaintiff states have any sovereign interest in the matters alleged and, if not, whether they may challenge actions of the federal government as parens patriae for their citizens. 2. Whether the complaint fails to state a claim upon which relief can be granted because congressional power to dispose of United States territory and property is not exclusive but, rather, is concurrent with the treaty making power. CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED United States Constitution, Article II, Section 2, cl. 2: [The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties United States Constitution, Article IV, Section 3, cl. 2: The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States * * United States Constitution, Article III, Section 2: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;-between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the same State claiming Lands under Grants of different States, and |