TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 10 P51

Gale Encyclopedia of American Law Volume 10 P51 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 488 YOUNGSTOWN SHEET TUBE CO. V. SAWYER Constitution. During times of national emergency the government s lawyers argued the president may exercise these inherent powers without violating the Constitution. Because wartime is traditionally considered a time of national emergency the president s seizure of the steel mills represented a legitimate exercise of his inherent powers. The Supreme Court disagreed with these arguments. Conceding that a strike could threaten national security by curtailing the production of armaments the Court said that the commander in chief s authority to prosecute a foreign war does not empower him to seize private property in an effort to resolve a domestic labor dispute. This is a job for the Nation s lawmakers Justice Black wrote not for its military authorities. Black reminded the executive branch that only Congress can authorize the taking of private property for public use under the eminent domain clause of the fifth amendment to the . Constitution. Justices FELIX FRANKFURTER WILLIAM O. DOUGLAS HAROLD BURTON TOM CLARK and ROBERT JACKSON each wrote a concurring opinion. Frankfurter suggested that the powers expressly enumerated in Article II may be supplemented by longstanding executive practice though he said there was no historical precedent for Truman s action in this case. With the exception of Jackson the other concurring justices elaborated on points made by Justice Black in the Court s opinion. Jackson s concurring opinion has garnered much attention from constitutional scholars and is the most frequently cited opinion in Youngstown Sheet Tube. Jackson articulated an overarching theory of federal executive power in the United States. According to Jackson there are three tiers of presidential authority. When a president acts in conjunction with Congress Jackson wrote executive power is at its zenith because the president may rely on his own authority plus that of the legislative branch. When a president acts contrary to .

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