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Youngstown Co. v. Sawyer Sec. of Comm. 343 U.S. 579

Youngstown Co. v. Sawyer Sec. of Comm. 343 U.S. 579

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Westlaw Delivery Summary Report for PATRON ACCESS,-
Date/Time of Request: Monday, August 23, 2010 13:13 EasternClient Identifier: PATRON ACCESSDatabase: SCTFINDCitation Text: 72 S.Ct. 863Lines: 3890Documents: 1Images: 29
business law 2 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=508&invol=520
The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters,West and their affiliates.
 
Supreme Court of the United StatesYOUNGSTOWN SHEET & TUBE CO. et al.v.SAWYER.SAWYERv.YOUNGSTOWN SHEET & TUBE CO. et al.
Nos. 744, 745.
Argued May 12 and May 13, 1952.Decided June 2, 1952.The Youngstown Sheet & Tube Company and othersteel companies named in a list attached toExecut-ive Order No. 10340, promulgated April 8, 1952,directing seizure of the plants of such companies,brought actions against Charles Sawyer, Secretaryof Commerce, praying for declaratory judgmentsand injunctive relief. The United States DistrictCourt for the District of Columbia, David A. Pine,J.,103 F.Supp. 569,granted plaintiffs' motions for temporary injunctions. Certiorari was granted bythe United States Supreme Court after the Court of Appeals for the District of Columbia Circuit had is-sued stay orders. Mr. Justice Black delivered theopinion of the court holding that the seizure orderwas not within the constitutional power of the Pres-ident.Affirmed.Mr. Chief Justice Vinson, Mr. Justice Reed and Mr.Justice Minton dissented.West Headnotes
[1]Constitutional Law 92 975
92Constitutional Law92VIEnforcement of Constitutional Provisions92VI(C)Determination of Constitutional Questions92VI(C)2Necessity of Determination92k975k. Ingeneral.Most Cited Cases(Formerly 92k46(1))Courts will decline to reach and decide constitu-tional questions until compelled to do so.
[2]Injunction 212 147
212Injunction212IVPreliminary and Interlocutory Injunctions212IV(A)Grounds and Proceedings to Pro- cure212IV(A)4Proceedings212k147k.Evidenceand affidavits. Most Cited CasesIn view of prior cases in United States SupremeCourt casting doubt on right to recover in Court of Claims on account of properties unlawfully takenby government officials for public use, the diffi-culty of measuring present and future damageslikely to result from seizure of going businesses,and other facts presented in proceedings on steelcompanies' motions to temporarily enjoin Secretaryof Commerce from seizing their plants, districtcourt did not err in refusing to delay decision as toconstitutional validity of seizure orders.
[3]United States 393 28
393United States393IGovernment in General393k28k. Exercise of supreme executive au- thority.Most Cited CasesContrary to contention that President had“inherent” power to be exercised in public interest,the president's power to issue Executive Order dir-ecting Secretary of Commerce to take possession of plants of steel companies involved in labor disputewould have to stem either from an act of Congressor from the Constitution itself.
[4]War and National Emergency 402 1114
402War and National Emergency402IIMeasures and Acts in Exercise of Federal72 S.Ct. 863 Page 1343 U.S. 579, 72 S.Ct. 863, 30 L.R.R.M. (BNA) 2172, 26 A.L.R.2d 1378, 96 L.Ed. 1153, 62 Ohio Law Abs. 417, 62Ohio Law Abs. 473, 47 O.O. 430, 47 O.O. 460, 21 Lab.Cas. P 67,008
(Cite as: 343 U.S. 579, 72 S.Ct. 863)
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
 
Power402II(B)Particular Measures, Orders, and Regulations402II(B)1Mobilization for War402k1111Manufacture and Procure- ment of War Materials402k1114k. Seizure or control of private business.Most Cited Cases(Formerly 402k45)
War and National Emergency 402 1319
402War and National Emergency402IIMeasures and Acts in Exercise of FederalPower402II(B)Particular Measures, Orders, and Regulations402II(B)8Labor and Wage Control402k1319k.Labor disputes.Most Cited Cases(Formerly 402k45)The job of keeping labor disputes from stoppingproduction is one for the nation's lawmakers ratherthan one for its military authorities; and therefore,notwithstanding expanding concept of “theater of war”, Executive Order directing Secretary of Com-merce to take possession of plants of steel compan-ies involved in labor dispute could not be sustainedas exercise of President's military power as com-mander in chief of armed forces.U.S.C.A.Const.art. 1, §§ 1, 8, art. 2.
[5]Constitutional Law 92 2621
92Constitutional Law92XXSeparation of Powers92XX(D)Executive Powers and Functions 92k2621k. Encroachment on legislature.Most Cited Cases(Formerly 92k77)The Congress rather than the President, is vested bythe Constitution with lawmaking function, andPresident is restricted to recommending lawsthought wise, vetoing of laws considered bad, andseeing to the faithful execution of laws properly en-acted.U.S.C.A.Const. art. 1, §§ 1, 8, art. 2.
[6]Constitutional Law 92 2621
92Constitutional Law92XXSeparation of Powers92XX(D)Executive Powers and Functions 92k2621k. Encroachment on legislature.Most Cited Cases(Formerly 92k77)
United States 393 28
393United States393IGovernment in General393k28k. Exercise of supreme executive au- thority.Most Cited CasesWhere Executive Order directing Secretary of Commerce to seize steel mills set forth in its pre-amble, like statute, reasons why President believedcertain policies should be adopted, and suchpolicies were proclaimed as rules of conduct to befollowed, and, again like statute, authorized gov-ernment officials to promulgate additional rules andregulations consistent with policy proclaimed andneeded to carry that policy into execution, such or-der was not merely a direction that Congressionalpolicy be executed in manner prescribed by Con-gress, but amounted to a direction that presidentialpolicy be executed in a manner prescribed by thePresident; and therefore, such order could not besustained as an exercise of the President's power tosee that laws are faithfully executed.U.S.C.A.Const. art. 2, § 3.
[7]Eminent Domain 148 5
148Eminent Domain148INature, Extent, and Delegation of Power148k5k. Power of United States.Most Cited CasesCongress can authorize taking of private propertyfor public use.U.S.C.A.Const. art. 1, §§ 1, 8.
[8]Labor and Employment 231H 961
231HLabor and Employment231HXIILabor Relations231HXII(A)In General 72 S.Ct. 863 Page 2343 U.S. 579, 72 S.Ct. 863, 30 L.R.R.M. (BNA) 2172, 26 A.L.R.2d 1378, 96 L.Ed. 1153, 62 Ohio Law Abs. 417, 62Ohio Law Abs. 473, 47 O.O. 430, 47 O.O. 460, 21 Lab.Cas. P 67,008
(Cite as: 343 U.S. 579, 72 S.Ct. 863)
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

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