The Sabbatino Case and the Sabbatino Amendment: Comedy--or Tragedy--of Errors

The issues and decisions in the Sabbatino litigation and the significant concepts of the Sabbatino legislation are here reviewed and considered in five parts. Part I discusses the mistaken beliefs of the Congress as to the reasons for proposing and enacting the Sabbatino Amendment. Part II then examines the relations between Cuba and the United States, explaining how Cuba's insult made possible the judicial errors in the Sabbatino decisions, which were reversed by the Supreme Court, and also prompted the subsequent Sabbatino legislation. In Part III, proof will be given of congressional misinterpretations of foreign law and foreign court decisions in considering and passing the Sabbatino Amendment.

Part IV will then present some unanswered questions with respect to the Sabbatino Amendment's relation to the Constitution of the United States. Finally, Part V will offer a better method for accomplishing the desired results.