Memorandum, Summary and Analysis of Opinions in Steel Seizure Case (Youngstown Co. v. Sawyer)
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OCR Page 1 of 7JLM
6/3/52
SUMMARY AND ANALYSIS OF OPINIONS IN STEEL SEIZURE CASE
(YOUNOSTOWN co. V. SAWYER, Nos. 744 and 745)
I SUMMARY OF OPINIONS
Opinion of the Court by Mr. Justice Black
(Concurred in by Justices Frankfurter, Douglas,
Jackson and Burton. Justice Frankfurter ex-
pressed some doubt as to the general principles
stated, but agreed to their application to the
circunstances of the case.)
No statute expressly or by fair implication authorizes such a
seizure as this. Indeed, "Congress had refused to adopt" the "use
of the seisure technique to solve labor disputes.' When the Taft-
Hartley Act was enacted, it was apparently "thought that the tech-
nique of seizure, like that of compulsory arbitration, would inter-
fere with the process of collective bargaining.
The President's action cannot be sustained under his authority
as Commander-in-Chief for "even though theatre of war! be an ex-
panding concept, is the powers of the Commander-in-Chief do not include
the power "to take possession of private property in order to keep
labor disputes from stopping production. And the provisions granting
executive power to the President do not empower him to be a lav maker.
His present order does not direct execution of a congressional policy,
it declares a presidential policy. The power of Congressto authorize
such action is beyond dispute, but the President may not exercise leg-
islative power.
Opini on of Mr. Justice Frankfurter
"We must
put to one side consideration of what powere the
President would have had if there had been no legislation whatever
bearing on the authority asserted by the seizure, or if the seizure had
been only for a short, explicitly temporary period, to be determined
automatically unless Congressional approval were given."
Congress has frequently legislated in this area, and in authorizing
presidential seizures has carefully circumscribed the power by defining
the circunstances in which it can be invoked, prescribing the duration
of seizure and legislating with respect to compensation to be paid. In
the Taft-Hartley Act Congress "decided against conferring [seizure power7
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