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Dole v. Carter

United States Court of Appeals for the Tenth Circuit

December 31, 1977

No. 77-2117

Opinion

 [*1109]  This matter is before the court on appellant's motion for an injunction pending appeal. See Rule 8(a), Federal Rules of Appellate Procedure. The court has expedited the hearing and has considered the record, the briefs, and the oral arguments of counsel. The motion is denied.

Plaintiff-appellant Dole is a United States Senator. Defendant-appellee Carter is the President of the United States. The controversy relates to the crown of St. Stephen and related regalia. The crown is a symbol of Hungarian national identity and has played an important role in Hungarian history for many centuries. At the end of hostilities in World War II, the crown was voluntarily turned over to armed forces of the United States by an Hungarian emissary and is presently held by the United States. The parties seem to agree that the crown belongs to the Hungarian people.  [**2]  No claim is made that the crown is the property of the United States.

On December 13, 1977, the American Ambassador to Hungary wrote the Hungarian Minister of Foreign Affairs saying that President Carter had determined that "it is  [*1110]  appropriate and fitting" that the crown be returned to the people of Hungary at a ceremony to be held in Budapest. The letter stated that certain arrangements had been decided by the two governments and specified those arrangements. The letter asked confirmation "of the arrangements as specified above." By letter dated the same day, the Hungarian Minister confirmed the arrangements. The ceremony is to be held on January 6-7, 1978.

On December 23, 1977, Senator Dole filed in the United States District Court for the District of Kansas, a complaint for declaratory and injunctive relief. He claims that the understanding for the return of the crown is a bilateral treaty between the United States and Hungary which, under Art. II, Sec. 2, cl. 2 of the Constitution of the United States, requires the advice and consent of the Senate.

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569 F.2d 1109 *; 1977 U.S. App. LEXIS 5394 **

ROBERT DOLE, Appellant, v. JIMMY CARTER, President of the UNITED STATES of AMERICA, Appellee

Prior History:  [**1]   MOTION FOR INJUNCTION PENDING APPEAL (D.C. No. 77-2310).

CORE TERMS

treaty, injunction, pending appeal, foreign relations, district court, susceptible, depends, justiciable controversy, preliminary injunction, executive agreement, no claim, same day, confirmation, assurance, ceremony, handling, belongs, parties, cases

Civil Procedure, Justiciability, Case & Controversy Requirements, General Overview, Constitutional Law, The Presidency, Political Questions, Foreign Affairs, The Judiciary, Case or Controversy, Political Questions, Jurisdiction