Youngstown Sheet & Tube Co. v. Sawyer (1952)
(Steel Seizure Case)
F: Eve of the steelworker's strike, POTUS ordered the Sec. of Commerce to take possession of the country's largest steel mills to keep them operating.
H: POTUS does not have inherent authority to order the involuntary surrender of private property to the gov't.
R: The power would have to come from an act of Congress or the Constitution. Taft-Hately Act of 1947: Congress said no executive seizure to settle labor disputes. Also, steel mills are not in the "theater of war."
Solicitor General seeks the power of seizure in three clauses of Article II and an additional source.
1) The executive Power shall be vested in POTUS. Art. II, sec. 1, cl. 1.
2) POTUS shall be Commander in Chief of the Army and Navy of the US. Art. II, sec. 2, cl. 1
3) POTUS shall take Care that the laws be faithfully executed. Art. II., sec. 1, cl. 8.
4) Argues the inherent powers that arise from necessity.
- Tri-partite Scheme of Presidential Power (Jackson Concurring)- When POTUS acts pursuant to an express o implied authorization of Congress, his authority is at its max.
- When POTUS acts in absence of either a congressional grant or denial of authority, he can only rely on his own independent power, but there is always a zone of twilight in which he and Congress may have concurrent authority
-When POTUS takes measures incompatible with the express or implied will of Congress, his power is at its lowest ebb