National Emergency: Hearings, Ninety-third Congress, First Session ...U.S. Government Printing Office, 1973 - War and emergency powers |
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... opinion of the court _--- 345 Mr. Justice Jackson , concurring opinion_ . Mr. Justice Clark , concurring opinion _ - _ 349 359 The Steel Seizure Case : A Judicial Case Without a Straw , by Edward S. Corwin 363 Other Supreme Court ...
... opinion of the court _--- 345 Mr. Justice Jackson , concurring opinion_ . Mr. Justice Clark , concurring opinion _ - _ 349 359 The Steel Seizure Case : A Judicial Case Without a Straw , by Edward S. Corwin 363 Other Supreme Court ...
Page 22
... opinion for the Court in United States v . Curtiss - Wright Export Corporation ( 1936 ) invites the inter- pretation - invoked by President Truman's advisors in the Steel Seizure Cases - that the President has an inherent emergency ...
... opinion for the Court in United States v . Curtiss - Wright Export Corporation ( 1936 ) invites the inter- pretation - invoked by President Truman's advisors in the Steel Seizure Cases - that the President has an inherent emergency ...
Page 23
... opinion in that case rather than a concur- ring opinion . He suggested that the President is strongest when he is acting under a legislative delegation of authority . The President is less strong when he feels that he must act , but ...
... opinion in that case rather than a concur- ring opinion . He suggested that the President is strongest when he is acting under a legislative delegation of authority . The President is less strong when he feels that he must act , but ...
Page 39
... contains the Attorney General's famous opinion on Presidential pow- 1 See Continuation of Statement of Dr. J. Malcolm Smith , pp . 43-52 . ers that , I think , is probably the basis 39 Statement, continuation of------
... contains the Attorney General's famous opinion on Presidential pow- 1 See Continuation of Statement of Dr. J. Malcolm Smith , pp . 43-52 . ers that , I think , is probably the basis 39 Statement, continuation of------
Page 78
... opinions are , in particular Justice Jackson's . The fact that we have only this one major case should not overly concern us . Senator CHURCH . The Jackson opinion really has become the domi- nant one , has it not ? Dr. CASPER . Yes , I ...
... opinions are , in particular Justice Jackson's . The fact that we have only this one major case should not overly concern us . Senator CHURCH . The Jackson opinion really has become the domi- nant one , has it not ? Dr. CASPER . Yes , I ...
Common terms and phrases
accounts action administration Alien Property Custodian amended American amount Aniline & Film Attorney authority bank bill Cambodia CASPER citizens civil Congress congressional Constitution Corp COTTER debt claims declaration Defense Defense Production Act delegation Department of Justice emer emergency powers Enemy Act Executive Order existence expenses Federal fiscal FISHER foreign funds gency German Government habeas corpus issued June 30 jurisdiction Korea Korean War legislation liquidation martial law ment national emergency Office of Alien payment pending percent period person political President Presidential proclamation pursuant question RANKIN resolution Secretary seizure Senator CHURCH Senator MATHIAS Senator PEARSON Smith Special Committee Stat statutes subcommittee Supreme Court termination tion title claims Tonkin Gulf Resolution Trading Truman United vested assets vested property Wall Street Journal Washington World writ of habeas York York City
Popular passages
Page 331 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government.
Page 478 - It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the Federal Government in the field of international relations — a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination...
Page 796 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 540 - I felt that measures otherwise unconstitutional might become lawful by becoming indispensable to the preservation of the Constitution, through the preservation of the nation.
Page 252 - Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.
Page 337 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to SCHNEIDER V.
Page 477 - It results that the investment of the federal government with the powers of external sovereignty did not depend upon the affirmative grants of the Constitution. The powers to declare and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other sovereignties, if they had never been mentioned in the Constitution, would have vested in the federal government as necessary concomitants of nationality.
Page 476 - As a result of the separation from Great Britain by the colonies, acting as a unit, the powers of external sovereignty passed from the Crown not to the colonies severally, but to the colonies in their collective and corporate capacity as the United States of America.
Page 597 - Act shall, upon conviction, be fined not more than $10,000, or, if a natural person, imprisoned for not more than ten years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by a like fine, imprisonment, or both...
Page 469 - ... being the development of which could not have been foreseen completely by the most gifted of its begetters. It was enough for them to realize or to hope that they had created an organism; it has taken a century and has cost their successors much sweat and blood to prove that they created a nation. The case before us must be considered in the light of our whole experience and not merely in that of what was said a hundred years ago.