Powers of the President during crises

by J. Malcolm Smith; Cornelius P. Cotter

[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.

CHAPTER III

[55] The Emergency Powers (Defense) Act, 1939, 2 & 3 Geo. 6, Ch. 62, Sec. 1.

[56] 61 Stat. 136, June 23, 1947, Sec. 206, 29 U.S.C. 176.

Emergencies Vary in Intensity

[57] Proclamation No. 2076, 48 Stat. 1734, February 16, 1934.

[58] 63 Stat. 208, June 20, 1949, Sec. 10 (b).