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II. INHERENT CONSTITUTIONAL PORER OF
THE PRESIDENT.
Although historically there has been some difference of
opinion with respect to the seope of the President's inherent executive
power under the Constitution, there is ample available material to
support the view that the President has the authority, apart from
statutory provisions, to seize the steel industry in the present crisis.
A question closely related to this problem is whether, as a result of
an executive seizure, the United States may be held liable to the
owners of the seized property for just compensation. It is the purpose
part of the
of
this/memorandum to demonstrate first that the President does have
the power to take setion for the public welfere in time of emergency
and thet, as a matter of history, those who have occupied that Office
have never hesitated to take such action when it was necessary for the
common good. We shall then discuss the consequences which may flow
INUMAN
from such action.
WATHONAL
ARCHIVESA
RECORDS
ADMIN."
A. The Presidential Power to Seize Property in Time of
l'ar and National Emergency.
1. The language in the Constitution granting executive pover
is as indefinite as it is broad. Article II of the Constitution provides
that "the executive power shall be vested in a President of the United
States" (Section 1); that the President shall affirm that he will
"faithfully execute the office" and will to the best of his ability
"preserve, protect, and defend the Constitution of the United States"
(Section 1); that he "shall be Commander-in-Chief of the Arny and Navy
of the United States" (Section 2); that he shall be the sole organ of
the Nation in its external relations (Sections 2 and 3); and that "he
shall take care that the lews be faithfully executed" (Section 3)
3
3
There are other provisions in the Constitution which, although
not constituting specific grants of power to the President, confer
powers on him by implication. For example, Article IV, Section 4
guarantees every State against domestic violence.
- 8 -
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"ocrText": "II. INHERENT CONSTITUTIONAL PORER OF\nTHE PRESIDENT.\nAlthough historically there has been some difference of\nopinion with respect to the seope of the President's inherent executive\npower under the Constitution, there is ample available material to\nsupport the view that the President has the authority, apart from\nstatutory provisions, to seize the steel industry in the present crisis.\nA question closely related to this problem is whether, as a result of\nan executive seizure, the United States may be held liable to the\nowners of the seized property for just compensation. It is the purpose\npart of the\nof\nthis/memorandum to demonstrate first that the President does have\nthe power to take setion for the public welfere in time of emergency\nand thet, as a matter of history, those who have occupied that Office\nhave never hesitated to take such action when it was necessary for the\ncommon good. We shall then discuss the consequences which may flow\nINUMAN\nfrom such action.\nWATHONAL\nARCHIVESA\nRECORDS\nADMIN.\"\nA. The Presidential Power to Seize Property in Time of\nl'ar and National Emergency.\n1. The language in the Constitution granting executive pover\nis as indefinite as it is broad. Article II of the Constitution provides\nthat \"the executive power shall be vested in a President of the United\nStates\" (Section 1); that the President shall affirm that he will\n\"faithfully execute the office\" and will to the best of his ability\n\"preserve, protect, and defend the Constitution of the United States\"\n(Section 1); that he \"shall be Commander-in-Chief of the Arny and Navy\nof the United States\" (Section 2); that he shall be the sole organ of\nthe Nation in its external relations (Sections 2 and 3); and that \"he\nshall take care that the lews be faithfully executed\" (Section 3)\n3\n3\nThere are other provisions in the Constitution which, although\nnot constituting specific grants of power to the President, confer\npowers on him by implication. For example, Article IV, Section 4\nguarantees every State against domestic violence.\n- 8 -"
}