Youngstown Sheet & Tube Co v Sawyer [The Steel Seizure Case]

Youngstown Sheet & Tube Co v Sawyer [The Steel Seizure Case]

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[The Steel Seizure Case] 1952 I. Facts a. In April of 1952, during the Korean War, President Truman issued an executive order directing Secretary of Commerce Charles Sawyer to seize and operate most of the nation's steel mills. This was done in order to avert the expected effects of a strike by the United Steelworkers of America. b. II. Legal Questions presented a. Did the President have the constitutional authority to seize and operate the steel mills? b. III. Answers a. In a 6-to-3 decision, the Court held that the President did not have the authority to issue such an order. The Court found that there was no congressional statute that authorized the President to take possession of private property. The Court also held that the President's military power as Commander in Chief of the Armed Forces did
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Unformatted text preview: not extend to labor disputes. The Court argued that "the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker." IV. Reasons (by ___) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes The Take Care power emerges from the Aggregate of presidential powers In other words, the whole of presidential powers is greater than the sum of its parts. The Taft Hartley Act Provides a procedure that the president can use if a strike is proposed that may threaten the public interest by forbidding the strike for a period of 90 days Serves as a cooling off period to try to resolve the strike before it begins....
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This note was uploaded on 04/30/2010 for the course PLS 459 taught by Professor Lermack during the Fall '09 term at Bradley.

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Youngstown Sheet & Tube Co v Sawyer [The Steel Seizure Case]

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