Powers of the President during crises

by J. Malcolm Smith; Cornelius P. Cotter

[790] Frankfurter, J., op. cit., 589 and 593-614; Jackson, J., 634-55; Burton, J., 655-60; Clark, J., 660-67; Douglas, J., 629-34.

[791] Id., at 637. This identical element is present in Justice Clark’s concurring opinion, and perhaps it is more clearly stated. Id., 660-61. Corwin says: “Only Justice Clark, however, guided by Marshall’s opinion in the early case of Little v. Barreme, had the courage to draw the appropriate conclusion: Congress having entered the field, its ascertainable intention supplied the law of the case.” Op. cit., at 65.

[792] Id., at 634.

[793] Id., at 635.

[794] Id., at 635-637.

[795] Id., at 640.

[796] Op. cit.

[797] Youngstown Sheet & Tube Co. v. Sawyer, op. cit., at 632.

[798] Id.

[799] Id.