Executive power in Youngstown's shadows.(President Truman's 1952 seizure of US steel mills)

Constitutional Commentary | March 22, 2002| | Copyright

INTRODUCTION

"We can hardly expect that the lasting outgrowth of the steel controversy will be the Youngstown case." (1) This projection captures the sentiment of much of the early academic commentary (2) on the Supreme Court's decision invalidating President Truman's seizure of the nation's steel industry in the spring of 1952. (3) For Professor Edward S. Corwin, the decision was "a judicial brick without straw"--the opinion of the Court resting on a "purely arbitrary construct," (4) Justice Jackson's "rather desultory" concurring opinion containing "little that is ...

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