Ch.3: The Zone of Twilight
Jackson was appointed to the Supreme Court in 1941
Did not graduate from high school – last one to be appointed who had not graduated
Roosevelt died before he had the chance to appoint him chief Justice
A Young Law Clerk Comes to Court (William Hubbs Rehnquist)
Raise in suburban, anti-New Deal Republican household
Idolized republican political leaders at young age
Youngstown Steel case
Classical confrontation between the White house and major Industry
Pres. Truman seized the steel mills
Steel companies challenged the seizure in court
Youngstown Sheet & Tube Company b. Charles Sawyer FACTS
Impasse (a situation in which no progress is possible) arose over collective bargaining agreements between nation’s steel mills and employees
Pres. Truman seized the nation’s steel mills put them under govt. control
Owners challenged constitutionality
The man “Above the Courts” (MORE CASE FACTS)
Truman’s lawyers argued the President’s “emergency” action was justified through his executive powers (Article II)
Mill’s attorneys argued that Pres. had exceeded his constitutional authority
Bold position is argued
President can step in during emergency situations and the court cannot review the constitutionality of such actions
Judge Pine ruled that the Pres. Did not have sufficient authority to seize the private steel mills
Govt. appealed Judge Pine’s decision and obtained oral argument before the Supreme Court
The “Lawyer’s Lawyer” Comes to Court (FACTS continued)
Davis was considered “lawyer’s lawyer” because he was often consulted on high profile cases
He argued that the seizure was a “reassertion of the kingly prerogative, the struggle against which illumines all the pages of Anglo-Saxon history”’
Perlman argued that seizure was appropriate during wartime
U.S hadn’t declared war (invalid argument)
Justice Vinson ruled in favor of the govt.
Majority of justices favored the mills
Justice Black opinion
There is no statute that expressly authorized the Pres. To take possession of property
2 statutes authorize the Pres. to take both personal and real property under certain conditions
In this case govt. admitted that conditions were not met
Presidential power should be implied from the aggregate of his powers under constitution
Article III mentions that the president should be Commander in Chief of the armed forces
Order cannot be seen as president’s power as Commander in Chief
He cannot take over property as Commander in Chief
Only works in military cases
Justice Jackson’s Opinion
Purpose of the constitution was not only to grant