Powers of the President during crises

by J. Malcolm Smith; Cornelius P. Cotter

Contemporary Theories in the Light of Recent Experience.

[47] Op. cit., p. 573.

[48] Constitutionalism Ancient and Modern (Ithaca: Cornell University Press, 1940), p. 180.

[49] Id., at 246.

[50] Id., at 1.

[51] Id., at 146.

[52] Justice Jackson’s concurring opinion in Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579 at 634-55 (1952), in which he discusses the relative power of the President acting under his executive powers alone, and acting under a marriage of executive and congressional powers, is opposite here.

[53] Note William Y. Elliott’s theory of the co-organic society, in The Pragmatic Revolt in Politics, (New York: Macmillan, 1928), pp. 355-77.

[54] See Cecil T. Carr, Delegated Legislation (Cambridge: University Press, 1921) p. 72, and Concerning English Administrative Law (New York: Columbia University Press, 1941), p. 189; Lord Hewart of Bury, The New Despotism (New York: Cosmopolitan Book Corporation, 1929), p. 308; W. A. Robson, Justice and Administrative Law (London: Stevens, 1945), p. 385, and Marguerite A. Sieghart, Government by Decree (London: Stevens, 1950), p. 343.