[719] “The Constitution as Instrument and as Symbol,” 30 _American
Political Science Review_, 1936, 1071 at 1077.
[720] Yet note Harold D. Lasswell’s suggestion: “It is important to
view the court system as a whole and not limit ourselves entirely
to the words uttered by the Supreme Court. The damage to private
rights and civilian principles can be accomplished in the thousands
of minor jurisdictions (Federal, State, Local) into which our
country is divided. Much of this damage is not brought to the notice
of the highest tribunal in the land, if at all, until years have
elapsed. In one of our earliest crises of national security, for
example, the Alien and Sedition Acts were passed (1798). Thousands
of persons were imprisoned, and the Acts were presently repealed.
Their constitutionality was never passed upon by the Supreme Court.”
_National Security and Individual Freedom_ (New York: McGraw-Hill,
1950), pp. 45-46.
[721] Albert L. Sturm, “Emergencies and the President,” II _Journal of
Politics_, 1949, 121, 141. Sturm said: “Since the judiciary handles
a mere trickle of the great issues arising in periods of crisis, it
has been unable to retain its traditional potency. When the national
security is imperiled, the Supreme Court, along with the other
branches of the government, becomes a part of the national mechanism
for preserving the existing social order.” We doubt that the Supreme
Court and the judicial system have adequately been integrated into this
effort thus far.
[722] Note, cf., _Duncan_ v. _Kahanamoku_, 327 U.S. 304 (1946), in
which Justice Black on behalf of the majority was careful to rest
upon statutory interpretation his 1946 (post mortem) invalidation
of certain aspects of military rule in the Hawaiian Islands during
the War. Dissenting, Burton and Frankfurter asked the Justices in the
majority whether the latter, if obliged to dispose of the case during
the conduct of the war, would have reached the same conclusion and
whether their holding would have been enforced by the Executive.
[723] _Op. cit._, p. 131. Rossiter concludes that “As in the past, so
in the future, President and Congress will fight our wars with little
or no thought about a reckoning with the Supreme Court.... This is a
sad moral to proclaim after so long a journey, but it is one that we
should have firmly fixed in our constitutional understanding.”
THE SUPREME COURT’S APPROACH
[724] See _Ex parte Merryman_, Fed. Cas. No. 9487 (1861), 17 Fed. Cas.,
p. 144.
[725] Carl B. Swisher, _Roger B. Taney_, New York: Macmillan, 1936, p.
567.
[726] 4 Wall. 2 (1866).
[727] _Ex parte_ Milligan, _op. cit._, at pp. 120-21, 126.
[728] _Id._, at 139.
[729] 327 U. S. 304 (1946).
[730] _Id._, at 328.
[731] _Constitutional Power and World Affairs_ (New York: Columbia
University Press, 1919).
[732] 299 U. S. 304 (1936).
[733] _Op. cit._, p. 97.
[734] _U. S._ v. _Curtiss-Wright_, _op. cit._, pp. 316-318.
[735] 323 U. S. 214 (1944).
[736] _Id._, at 244.
[737] _Id._, at 246.
[738] _Id._, at 248.
[739] Edward S. Corwin, _Total War and the Constitution_ (New York:
Knopf, 1946), p. 80.
[740] 249 U. S. 47 (1919). Holmes’ reasoning was perhaps based on J.
S. Mill’s analysis in his essay “On Liberty:” “No one pretends that
actions should be as free as opinions. On the contrary, even opinions
lose their immunity when the circumstances in which they are expressed
are such as to constitute their expression a positive instigation to
some mischievous act.” _On Liberty_ (New York: Dutton, 1950), Ch. III,
p. 152.
[741] Discussed subsequently in relation to the _Dennis_ case.
[742] 249 U. S. 47 at p. 52 (1919).
[743] _Abrams_ v. _United States_, 250 U. S. 616 (1919).
[744] _Id._, at 628-29.
[745] _Gitlow_ v. _New York_, 268 U.S. 652 (1925); _Whitney_ v.
_California_, 274 U.S. 357 (1927).
[746] 18 USC 2385.
[747] 183 F. 2d 201, 212-13 (1950). See, Robert G. McCloskey, “Free
Speech, Sedition and the Constitution,” 45 APSR, 1951, pp. 662-673.
[748] _Dennis_ v. _United States_, 341 U.S. 494 (1951). This
incidentally is one of many cases in which restrictive measures which
doubtless would have been upheld during a wartime emergency, were
sustained as a valid exercise of governmental power during peace
time. In _American Communications Association_ v. _Douds_, 339 U.
S. 382 (1949), the Court upheld the Communist oath provision of the
Taft-Hartley Act, not as justified in an emergency situation such as
we then faced, and confront today, but as a normal power of Congress
accruing to it under the Commerce Clause.
[749] _Home Bldg. & Loan Ass’n_ v. _Blaisdell_, 290 U.S. 398, 426
(1934). This is a reiteration of a quotation from his “War Powers Under
the Constitution,” 42 ABA REPORTS, 1917, 238. Also in 8 Doc. 105; 65th
Cong., 1st Sess., pp. 7-8.
[750] _Hirabayashi_ v. _United States_, 320 U.S. 81, esp. 93 (1942);
_Korematsu_ v. _United States_, 323 U.S. 214 (1944).
[751] _Bowles_ v. _Willingham_, 321 U.S. 503, esp. 519 (1944).
[752] _Op. cit._, 219. Cf. his narrow view of the meaning of martial
law in _Duncan_ v. _Kahanamoku_, _supra_, pp. 22-23.
A MORE EFFECTIVE EMERGENCY ROLE FOR THE JUDICIARY.
[753] _Ex parte Endo_, 323 U.S. 283 (1944); _Brannan_ v. _Stark_, 342
U.S. 451 (1952), are examples of the Supreme Court performing at this
modest but effective level.
[754] _The Prize Cases_, 2 Black 635 (1863), and _Hirabayashi_ v.
_United States_, _op. cit._, and _Korematsu_ v. _United States_, _op.
cit._, are examples of the judiciary’s willingness to accept _post hoc_
Congressional validation of an executive emergency program.
THE STEEL SEIZURE CASES.
[755] _Youngstown Sheet & Tube Co._ v. _Sawyer_, 343 U.S. 579.
[756] 17 Fed. Reg. 3139.
[757] The phrase is that of James Willard Hurst. _The Growth of
American Law_, (Boston: Little, Brown and Co., 1950), p. 397.
[758] _Youngstown Sheet & Tube Co._ v. _Sawyer_, _op. cit._, at 582.
[759] _Youngstown Sheet & Tube Co., et al._, v. _Sawyer_, 103 F. Supp.
978.
[760] _Id._, at 980, 981.
[761] _Youngstown Sheet & Tube Co., et al._, v. _Sawyer_, 103 F. Supp.
569.
[762] _Id._, at 573.
[763] Mr. A. Holmes Baldridge, the Assistant Attorney General,
conducting the government’s defense, rejected every opportunity offered
by the District Court to justify the seizure order under a particular
clause of the Constitution, or a specific statute. See _Youngstown
Sheet & Tube Co._ v. _Sawyer_, Dockets No. 744 and 745, 1952.
Transcript of Record, _passim_. (Washington, 1952). In his brief filed
with Judge Pine on April 25, Mr. Baldridge claimed for “The President
of the United States of America ... inherent power in such a situation
to take possession of the steel companies in the manner and to the
extent which he did by his Executive Order of April 8, 1952. This power
is supported by the Constitution, by historical precedent, and by
court decisions.” _Defendant’s Opposition to Plaintiff’s Motion for a
Preliminary Injunction_--Filed April 25, 1952, p. 113.
[764] _Transcript of Record_, _op. cit._, p. 377. In addition, the
following colloquy is illuminating:
The Court: “... As I understand it, you do not assert any statutory
power.”
Mr. Baldridge: “That is correct.”
The Court: “And you do not assert any express constitutional power.”
Mr. Baldridge: “Well, Your Honor, we base the President’s power on
Sections 1, 2 and 3 or Article II of the Constitution, and whatever
inherent, implied or residual powers may flow therefrom....”
The Court: “So you contend the Executive has unlimited power in time of
emergency.”
Mr. Baldridge: “He has the power to take such action as is necessary to
meet the emergency.”
The Court: “If the emergency is great, it is unlimited, is it?”
Mr. Baldridge: “I suppose if you carry it to its logical conclusion,
that is true.”
[765] 299 U.S. 304, 316-18 (1936).
[766] Most of the literature on the subject of emergency power presents
an analysis of the range of actual power previously asserted by the
President in time of emergency.
[767] Scores of examples of such action can be gleaned from the studies
cited above, and the dissenting opinion of Chief Justice Vinson in
the _Steel Seizure_ cases, _op. cit._, at 667-710. E.g., Lincoln
directed the payment of unappropriated funds from the treasury to
private individuals, in clear violation of Article I, Sec. 9, Cl. 7
of the Constitution. In patent disregard of Article I, Sec. 8, Cl.
12, delegating to Congress the power “to raise and support armies,”
he increased the strength of the Army and Navy by presidential
proclamation. Binkley, _op. cit._, pp. 111-14. Corwin has pointed
to many administrative agencies established by President Roosevelt
without prior legislative sanction (_Total War and the Constitution_,
_op. cit._, pp. 50-52) and has alleged that the transfer of destroyers
to Britain directly violated “at least two statutes and represented
an exercise by the President of a power which by the Constitution
is specifically assigned to Congress.” (_The President: Office and
Powers_, _op. cit._, p. 289; 4th ed., 1957, p. 238).
[768] 343 U.S. 579 at 611.
[769] _Petitioners’ Brief_, p. 66.
[770] 343 U.S. 579 at 646.
[771] _Sawyer_ v. _United States Steel Co., et al._, 197 F. 2d 582
(1952). Both the government and the steel companies petitioned the
Supreme Court for _certiorari_.
[772] _Id._ Four of the nine judges dissented. The majority, citing
_United States_ v. _Russell_, 13 Wall. 623 (1871) and _United States_
v. _Pee Wee Coal Co., Inc._, 341 U.S. 114 (1951), found judicial
precedent for emergency requisitioning of property by the executive,
unsupported by statute, with a concomitant right to compensation on
the part of the property owners. Since the government claimed that
continued production of steel was vital to the national security, and
admitted the right of the companies to compensation, the majority
thought the preliminary injunction should be stayed. _Id._, at 585.
[773] 343 U.S. 937. Burton, J., with Frankfurter, J., concurring, noted
their belief that _certiorari_ should be denied until the cases had
been fully heard, on their merits, in the Court of Appeals. _Id._, at
938-39.
[774] _Youngstown Sheet & Tube Co._ v. _Sawyer_, Dockets No. 744
and 745, 1952, _Brief for Petitioner_. Perlman speaks of “inherent
constitutional power,” however. _Id._, at 113.
[775] _Id._, at 19-20.
[776] _Id._, at 102-150.
[777] _Id._, at 26.
[778] _Id._, at 73.
[779] _Id._, at 49.
[780] _Id._, at 48.
[781] _Id._, at 49.
[782] _Id._, at 16.
[783] _Little_ v. _Barreme_, 2 Cranch 170 (1804). (The above discussion
of the case closely parallels that in _Petitioner’s Brief_, pp. 44-46.)
[784] _Id._, at 588.
[785] _Id._, at 585.
[786] _Id._, at 587.
[787] _Id._
[788] _Id._
[789] “The Steel Seizure Case: A Judicial Brick Without Straw,” 53
_Columbia Law Review_, 53-66, 64-65 (1953).
[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._
[800] _Op. cit._, 667-710, 708. Reed and Minton, JJ. concurred in
Vinson’s dissent.
_The Steel Strike of 1959._
[801] Texts of Comments in the Steel Dispute--The President’s Letter,
_New York Times_, September 9, 1959. The Union reply appears in the
same issue; that of the major steel firms appeared in the _New York
Times_, September 10, 1959. Reprinted in the _Congressional Record_ for
September 15, 1959, pp. 18102-18103.
[802] 61 Stat. 136, 155 as amended, 29 U.S.C. 176-180.
[803] Section 206 states: “Whenever in the opinion of the President of
the United States, a threatened or actual strike or lock-out affecting
an entire industry or a substantial part thereof engaged in trade,
commerce, transportation, transmission, or communication among the
several States or with foreign nations, or engaged in the production of
goods for commerce, will, if permitted to occur or to continue, imperil
the national health or safety, he may appoint a board of inquiry to
inquire the issues involved in the dispute and to make a written report
to him within such time as he shall prescribe. Such report shall
include a statement of the facts with respect to the dispute, including
each party’s statement of its position but shall not contain any
recommendations. The President shall file a copy of such report with
the Service and shall make its contents available to the public.”
[804] The board was originally directed to make its report on October
16, 1959, but the time was extended until October 19 by Executive Order
No. 10848.
[805] Report to the President of the Board of Inquiry, Oct. 19, 1959,
pp. 11-33.
[806] _Id._, p. 28.
[807] _United Steelworkers of America_, Petitioner v. _United States of
America_, Brief for the United States in Opposition, p. 5.
[808] _Id._, pp. 11-14. Affidavits of Acting Secretary of Defense
Thomas Gates; A. R. Luedecke, General Manager of the Atomic Energy
Commission; Hugh L. Dryden, Deputy Administrator of NASA.
[809] Government Brief, “The Findings of the District Court,” pp.
23-26; 71-81.
[810] Govt’s brief, p. 26.
[811] See Anthony Lewis “Supreme Court Agrees to Rule in Steel
Dispute,” _New York Times_, Tuesday, October 30, 1959, p. 1, col. 3.
[812] _United Steelworkers of America_ v. _U.S._, 361 U.S. 39 (1959).
INDEX
A-bomb, 4
Abaca, 91
Abaca Production Act, 50-51
_Abrams v. United States_, 175
Acquisition programs, 47-54
Administrative action, 106-109
Administrative activity, reporting, 98-100
Advisory Committee on Weather Control, 86-78
Aeronautics, 124
Agencies, 73-74, 110-124
Agents, foreign, 74-75, 81-82, 85, 117
Agricultural Adjustment Act, 87
Agriculture, 16-17, 20-21
Air Force, 33
Air transportation, 68
Aircraft, 122
Aircraft research, 86
Alaska, 38, 90
Alien Registration Act, 40, 76, 83, 105-106
Aliens, 119-120;
deportation of, 76, 98;
detention, 33-34;
employment, 28;
exempt from classification, 116;
registration of, 38-39;
restrictions, 34-35;
subversive, 42-43
_American Communications Association v. Douds_, 172
American National Red Cross, 33
Anti-aircraft material, 51
Antitrust laws, 77
Armed Services Procurement Act, 75
Arms, embargoing of, 56
Army Air Corps, 30
Army and Navy Munitions Board, 47
Army officers, 45, 99-100, 115
Army Reserve, 30
Appropriations Act, and strategic materials, 47
Association, freedom of, 42-46
Atomic Energy Act, 57, 59, 124
Atomic Energy Commission, 57, 59, 97-98
Atomic secrets, 97
Audits, 87-92 passim
Authority, and liberty, 1
Aviation, 88
Bank Conservation Act, 16, 76, 85
Bank holiday of 1933, 15-16
Beef import, 21
Belligerents, trade with, 108
Bidding during emergency, 79
Biggs, John, 142
Bituminous Coal Act, 46
Black, Hugo, 6;
on martial law, 128;
on steel seizure cases, 137-138
Board of Economic Warfare, 57
Boston, maritime control area, 38
_Bowles v. Willingham_, 175
_Brannan v. Stark_, 175
British Statutory Instrument Act, 102
Butler Bill, 43
C.I.O., and United Steelworkers, 134
Censorship, 82-84
Central Intelligence Agency, 92
Central Intelligence Agency Act, 15, 79, 119-120
Chaco resolution, 56
Chaco War, 114
Chase, Salmon P., 128
Citizenship, by aliens, 34-36
Civil Aeronautics Act, 36, 46, 114
Civil Air patrol, 33, 122
Civil defense, 23-24
Civil Rights Act, 1957, 89-90
Civilian Conservation Corps, 28, 58, 68
Civilian labor force, 27-29
Clark, Thomas C., on steel seizure cases, 139
“Clear and present danger”, 130-132 passim
Coast-defense materials, 51
Coast Guard Reserve, 32
Codfish, 20-21
“Cold-War”, 32
Collective bargaining, 62
Columbia River, maritime control area, 38
Commerce:
foreign, 68;
interstate, 68
Commission on Civil Rights, 89
Commodity Credit Corporation, 47
Common carriers, 67-72
Communications:
definition, 111-112;
freedom of, 73-92 passim;
policy-making, 101;
radio, 68;
wire, 68
Communications Act, 21, 24, 46, 68, 77, 104
Communist Control Act, 41, 42
Communist Organization Registration Act, 84
Communists, 36, 41-43;
registration, 82
Communist Party, 41, 43
Compulsory Testimony Act, 46
Concurrent resolution, 102-103, 144, 145;
administrative action and, 106-109;
delegatory legislation and, 103-106
Congress, reporting to, 93-98
Conscription, World War II, 26-27
Conscription Act, 31
Conservation, 58-59
“Constitutional dictatorship”, 5, 9, 10-11
_Constitutional Power and World Affairs_, 129
Constitutionalism, 12
Construction, 63
Consumers, 64
Contract Settlement Act, 1944, 123
Contracts, 59-60
Contractors’ reports, 85-86
Controls, 53-54, 78-80
Coordinator of Transportation, 67
Corporations, 88
Corwin, Edward S., 125
Cost of living index, 87
Credit, 64-65, 115
Cristobal (Panama Canal Zone), maritime control area, 38
Critical materials, 99
Dairy products, 20
Davis, David, 127
Daylight Savings Act, 107
Decision-making, 112-124
Defense Appropriations Act, 97
Defense Cataloging and Standardization Act, 96
Defense Housing and Community Facilities and Services Act, 75
Defense Production Act (1940), 42
Defense Production Act (1950), 28, 45, 48, 52, 53, 59, 60, 61, 64,
66, 74, 97, 115, 116, 121
Defense Supply Management Agency, 96
_Dennis v. United States_, 132, 172
Depression, 15-18
“Dictator”, meaning of term, 11-12
Dictatorship doctrine, 5
Director of Mutual Security, 48
District of Columbia Appropriation Act, 42
Domestic Minerals Program Extension Act, 48, 75
_Duncan v. Kahanamoku_, 128, 171
Economic Co-operation Act, 96
Economic Co-operation Administration, 121
Economy Act, 87
Eisenhower, Dwight D.:
and 1959 steel strike, 139-143;
defense appropriations, 93-94;
writ of habeas corpus suspended, 4
Electric power, 49
_Elements of Political Economy_, 7
Emergencies, 14-25;
definition and nature, 14;
Democratic concept, 4-13;
economic, 15-21;
intensity of, 14, 15;
natural catastrophes, 21-22;
varieties of, 14, 15-24
Emergency Appropriation Act, 21
Emergency Detention Act, 1950, 24, 25
Emergency government, and the judiciary, 133-134
Emergency powers, 4-13;
executive branch and, 1-3;
extra-constitutional sources, 128-130;
Friedrich on, 9-10;
legislative restraints on, 93-109;
of the Government, 135;
of the President, 148;
over persons, 26-46;
Supreme Court and, 125-126
Emergency Powers Continuation Act, 69
Emergency Powers Interim Continuation Act, 98
Emergency Price Control Act, 2, 18-19, 46, 54, 66, 76, 80-81, 121
Emergency Railroad Transportation Act, 19, 67, 76-77, 112-113
Eminent domain, 49-54 passim
Employees of government:
national security and, 45-46;
restrictions on, 44;
suspension of, 95;
termination for security reasons, 116-117
Employment Act, 88
Enterprise, private, 75
Espionage, 34, 43
Espionage Act, 130
Exchange control, 65
Executive action, 104, 107-108
Executive branch, 1-3
_Ex parte Endo_, 173
_Ex parte Merryman_, 172
_Ex parte Milligan_, 127, 147
Expatriation Act, 36
Explosives, 12
Exports:
licenses, 100;
policy, post-World War II era, 58;
restrictions on, 56-58
Export Control Act, 57, 58, 65, 81, 83, 118
Fair Labor Standards Act, 46
Famine, 21-22
Far Eastern Economic Assistance Act, 121
Farmers, 60, 120
Federal Aid Highway Act, 107
Federal Civil Defense Act, 23-24, 104-105
Federal Civil Defense Agency, 49, 75, 88
Federal Communications Commission, 68, 101
Federal Defense Act, 75
Federal Emergency Relief Act, 16, 99
Federal Emergency Relief Administrator, 99
Federal Reserve Board, 64
Federal Mediation and Conciliation Service, 44
Federal Power Act, 46
Federal Power Commission, 101
Federal Trade Commission Act, 77
Fibers, Philippine, 116
First Decontrol Act, 25, 59
First War Powers Act, 23, 65, 79
Five-cent pieces, 58
Fleet Reserve, 30
Flood-control, 21, 120
Food to India, 122
Foreign Agents Registration Act, 74, 81, 85, 112;
amendment, 40-41, 81, 85, 117
France, commerce with U.S., 137
Frankfurter, Felix, 135
Friedrich, Carl J., 9-10, 96
Fruit fly, 91
Fuels, 48, 50, 53
General Motors, 61
General Staff Corps, 29
German-American Bund, 43
_Gitlow v. New York_, 132, 175
Gold Reserve Act, 17
Goods and materials, control of, 55-59
Government, 1, 47-54
Grasshoppers, 99
Guayule, 49-50
Guided missiles, 98
Gulf of Panama, maritime control area, 38
H-bomb, 4
Habeas corpus, writ of, 4
Hand, Learned, 132
Hawaiian Maritime Control Area, 37
Helium, 49, 100
Helium Gas Conservation Act, 49, 122
Highway construction, 107-108
_Hirabayashi v. U.S._, 175
Hoarding, 74
Holmes, Oliver Wendell on _Schenck_ case, 130-131;
on U.S. intervention in Russia case, 131-132
Holtzoff, Alexander, 134
_Home Building and Loan Association v. Blaisdell_, 175
Hostilities of War, 24
Hours, working, 27, 62
House Concurrent Resolution, 108, 155
Housing, 19-20, 75, 88
Housing and Rent Act (1948), 88
Housing and Rent Act (1949), 20
Housing and Rent Act, 77
Hughes, Charles Evans, 132
I.C.C., 69
Immigration and Nationality Act, 97, 120, 123
Immigration and naturalization, 105-106, 120
Immigration and Naturalization Committee of the House, 98
Imports, 114
Independent Offices Appropriation Act, 79
India Emergency Food Aid Act, 21, 115, 121
Industrial Alcohol Act, 46
Industrial plants, 52
Industries, seizure of, 14;
1940, 54
Inflation, 18-19
Information, 73-87, 91-92
Intelligence, agency network formed, 92
Interagency relationships, 110-124
Interior Department Appropriation Act, 23
Internal Security Act, 34-43 passim, 82
International powers of states, 147
Interstate commerce, 87
Interstate Commerce Act, 46
Interstate Commerce Commission, 69
Invention Secrecy Act, 80
Inventions, patents for, 80
Inventories, 87-92 passim
Investigations, 87-92 passim
Investment Advisers Act, 46
Investment Company Act, 46
Jackson, Robert H., on Japanese relocation case, 129-130;
on emergency powers, 136;
on steel seizure cases, 138-139
Japanese Americans, 34-37
Japanese Claims Act, 99
Japanese Evacuation Claims Act, 77, 99
Joint Committee on Atomic Energy, 97, 145
Joint Committee on Foreign Economic Co-operation, 96-97
Joint Committee on Organization of Congress, 89
Joint Resolution, 102, 103
Judicial review, 125-143
Judiciary, emergency control, 133-134
Korea, 31, 121
_Korematsu v. U.S._, 129-130, 132, 133, 147, 173
Labor, convict, 62
Labor-Management Relations Act, 14-15, 19, 28, 44, 63, 75, 101,
140, 142
Labor relations control, 61-63
Land acquisition, 48-49
Lead, duties on, 118
Legislation, delegatory, 103-106
Legislative veto, 105-106, 108-109
Lend-Lease Act, 107
Liberty and authority, 1
Little, Captain, 137
_Little v. Barreme_, 139, 177
Locke, John, 5-7, 145
Machiavelli, Niccolo, 7-8
McIlwain, Charles H., 12-13
Manhattan Project, 79
Marine Corps, 30, 32-33
Marine Corps Reserve, 30
Maritime Commission, 60, 70-71, 122
Maritime Control Areas, 37-38
Maritime salvage operations, 52
Marshall, John, on seizures, 137
Materials, 58, 60
Mediterranean Fruit Fly Board, 91
Merchant Marine Act, 1936, 46, 51-52, 70
Merchant Marine Reserve, 30
Merryman, John, 126
Metals, strategic, 48
Military conscription, 28
Military equipment, 51
Military Services, 29-35 passim
Military sites and productive facilities, 48-52
Military training, 101-102
Mill, James, 7
Mill, John Stuart, 7
_Milligan_ case, 127, 128
Mineral resources, 47-48
Mitchell, James P., 143
Mobilization, 1
Motor Carrier Act, 46
Motor carriers, 69
Movement, circumscribing, 36-38
Municipal Bankruptcy Act, 16
Munitions, 39, 53, 85
Murphy, Frank, on martial law, 128
Mutual Defense Assistance Act (1949), 95, 99, 104
Mutual Defense Assistance Act, (1951), embargo on war implements,
95-96
Mutual Security Act, 48, 78, 95
National Advisory Committee for Aeronautics, 86, 124
National Defense Act (1916), 29-33 passim
National Defense Act (1940), 24
National Guard, 29, 30
National Industrial Recovery Act, 17, 61-63, 85, 87
National Labor Relations Act, 46
National Labor Relations Board, 42
National Mediation Board, 68
National Military Establishment Appropriation Act, 79
National Munitions Control Board, 39, 56, 85, 100, 123
National Science Foundation, 86, 123
National Science Foundation Act, 28
National Security Act, 120
National security airspace, 114
National security emergencies, 22-25
National Security Training Commission, 102
National Security Training Corps, 23, 102
Nationality Act, 35, 115
Nationals, foreign, asylum of, 119-120
Natural catastrophes, 21-22
Natural Gas Act, 46
Naturalization and communists, 36
Naval Reserve, 30
Naval Reserve Policy Board, 112
Nazi aggression, 162
Nepotism, 78
Neutrality Act (1935), 22, 37, 39, 85, 123;
amendments, 37, 56-57, 65, 69-72, 85, 100
Neutrality Act, 1939, 78, 104, 108, 159
Neutrality emergencies, 22-23
Neutrality Proclamation, 37
New York-New Jersey Civil Defense Compact, 24
N.I.R.A., 62, 67
Nitrogen for defense, 49, 86
Nixon, Richard M., 2nd steel strike settlement, 143
Office of Civilian Defense, 23, 123
Office of Price Administration, 66
Officers’ Reserve Corps, 29
Oil, 58, 85
Opinions, dissemination of, 83-84
Orders, compulsory, 60-61
Ore, 90
Organized Reserves, 30
Padre Island Sea Range Area, 38
Patents, 80
Pay, rates of, 62
Pearl Harbor, 30, 92
Pensions, 87
Perlman, Philip B., 136
Persons, circumscribing movement of, 36-38
Petroleum reserves, 100
Philippine War Damage Commission, 113
Pilots, training of, 27
Pine, David A., 134-135
Pipe-lines, 52, 68
Plant protection force, 104
Policy-making, 88-91
Population, 1
Powers over persons, 26-46
President:
concurrent resolutions, 102-103;
determination of an emergency, 24-25;
emergency powers of, 144-147;
furnishing of privately owned plants, 53;
loan of naval vessels, 96;
materials for national defense, 51;
pipe-line construction, 52;
purchase of defense materials, 53;
report on government owned facilities, 99;
reserves to active duty, 30-31;
seizure of industries, 54;
wire communications, 104
President’s Reorganization Plan, No. 1, 105
Price Administrator, 54
Price control, 19, 65-67, 76, 101, 121
Price Control Act (1942), 66
Price Control Act (1946), 101
Printing presses, listing of, 84, 164
Priorities, 59-60
Private enterprises, 52-53
“Proclaimed List of Certain Blocked Nationals”, 35-36, 74
Production controls, 62-63
Profits, 63-64
Project Mercury, 141
Propaganda dissemination, 39, 81-82
Property, government and private enterprise, 49, 52-72 passim
Public opinion, 75-77
Public Resolution No. 1, 57
Public utilities, 52
Public Utility Holding Company Act, 46
Public works, 62
Publicity, 74-75
Puget Sound, maritime control area, 38
Quality, protection of, 61
Railroad Retirement Act, 89
Railroad Retirement Board, 88-89
Railroad Unemployment Insurance Act, 46
Railroads, rehabilitation of, 67
Railway Labor Act, 19, 68
Raw materials, 48
Real estate, 64
Reciprocal Tariff Act, 76
Reconstruction Finance Corporation, 65, 115;
credit to agencies, 121-122;
liquidated, 91
Regular Army Reserve, 3O
Renegotiation Act, 19, 64
Rent, 66
Reorganizations Acts:
(1932), 103;
(1939), 103, 105;
(1945), 105;
(1949), 105, 108
Reorganization Plans 1 and 2, 108
Reporting requirements, 77-78, 85-86
Reserve Officers’ Training Corps, 29-30
Retirement, railroad, changes made, 88-89
Rights of individuals, 46
Roosevelt, Franklin Delano, 2, 15-17, 19, 21, 22, 23, 35-37
Rossiter, Clinton L., 10-11, 126
Rousseau, Jean Jacques, 6-7
Rubber, 49-50, 59, 90-91
Rubber Producing Facilities Disposal Act, 43-44, 90, 106
Rubber Producing Facilities Disposal Commission, 90, 117
“Rule of anticipated reaction”, 96
Russia and Lend-Lease Act, 107
Sabotage, 34, 43
Salaries, 66-67, 87
San Francisco, maritime control area, 38
_Sawyer v. U.S. Steel Co. et al._, 174
_Schechter Poultry Corporation v. U.S._, 62
_Schenck_ case, 130-131
Sciences, research in, 86
Second War Powers Act, 2-28, 46, 49, 52, 58-61, 63-64, 86-88, 107, 117
Securities Exchange Act, 17, 18, 46, 85
Selective Service Act (1948), 28
Selective Training and Service Act (1940), 31-32, 43, 54, 60;
extension (1945), 24
Senate Committee on Immigration, 98
Senate Resolution, 147, (1949), 108
_Shapiro v. U.S._, 46
Sherman Anti-Trust Act, 46
Silberner, Edmund, 7
Simon, Herbert A., 111-112
Simple resolution, 102, 103
Sixth Supplemental National Defense Appropriations Act, 100
Skills, essential, 28-29
Small Business Administration, 65, 75, 91-92
Small Business Concerns Mobilization Act, 52-53, 91, 120
Smaller War Industries Administration, 65
Smaller War Plants Corp., 52-53, 91
Social Security Act, 46
Staley, Austin L., 142
Standardization, 96
Statute books, 1, 2
_Steel Seizure_ cases, 5, 126, 134-139, 173
Steel strike of 1959, 139-144
Stockpiling, 47-48, 55, 90, 119
Strikes, 28, 44, 75, 101
Subcontracts, 91
Subversive Activities Control Act, 35
Subversive Activities Control Board, 42, 43, 82, 84
Sugar Act, 20
Supplemental Defense Appropriations Act (1942), 64
Supplemental National Defense Appropriations Act (1948), 94
Supplies, 55, 75
_Supreme Court and the Commander-in-Chief_, 126
Sutherland, George, 128-129
Taft-Hartley Act, 19, 140, 141, 143
Taney, Roger B., 126, 127
Tariff Act, 1930:
amendment, (1934), 18, 114;
importation of beef and, 21;
war emergency and, 24
Tariffs, reduction of, 76
Tennessee Valley Authority Act, 49, 56, 73-74, 86, 101, 122
Terminating power and programs, 103-104, 106-107
Testimony, secrecy of, 80-81
Theorists, 5-11
Tobacco Control Act, 20
Transportation, 1
Travel restrictions, 37
Treason, 36
Truman, Harry S., 20, 34, 134-139 passim
Unions, labor, 62
United States:
access to, by aliens, 34-36;
commerce with France, 14;
1799, 137
U.S. Bureau of Mines, 50
U.S. Congress:
administrative accounting to, 98-102;
banking emergency, 16;
concurrent resolution, 103-106;
construction of public utilities, 52;
co-operation with President, 93;
dairy products investigation, 20-21;
determination of an emergency, 24-25;
determination of strategic materials, 47;
emergency powers, 1, 2;
establishment of guided missiles proving grounds, 98;
executive function of committees, 93-94;
famine legislation, 21-22;
informing and advising, 100-101;
oversight of administration, 109;
review of administrative action, 102-103;
study and report on, 89
U.S. Constitution, 125, 147;
as a flexible charter, 130-133;
as a restrictive document, 126-128
U.S. Department of Interior Appropriation Act, 46
U.S. Library of Congress:
deposit of political propaganda copy, 81;
request of foreign printed matter, 112
U.S. Navy, and furnishing of privately-owned plants, 49, 51-54 passim;
increased military strength authorized, (1946), 32-33
U.S. Navy Department, 47
U.S. Navy Department Appropriations Act (1941), 27, 53
U.S. Secretary of Agriculture:
agricultural emergency, 17;
control of grasshoppers, 99;
government use of rubber and, 49-50
U.S. Secretary of Defense:
disposition of naval vessels, 96;
reporting to Congress on national defense, 94-96;
training of the Armed Forces, 97
U.S. Secretary of the Air Force, 48-49
U.S. Secretary of the Interior:
determination of strategic materials, 47;
liquid fuels program, 50
U.S. Secretary of the Navy:
Congressional reporting, 95, 99, 100;
emergency measures, 65;
extended military enlistments 30;
leasing petroleum reserves, 100;
plant protection force, 104;
possession of war production plants, 52-54;
strategic materials and, 40, 51, 52
U.S. Secretary of War:
annual report of contracts, 100;
emergency measures of, 58;
land acquisition, 48, 52;
materials for national defense, 51;
possession of war production plants, 54;
regulation of working hours, 27;
wartime powers, 44-45
U.S. Supreme Court:
emergency government, 125-126;
emergency power, 2, 4-5, 126-133;
role in emergency action, 144;
steel strike of 1959, 142-143;
the Constitution, 133
_U.S. v. Curtiss-Wright Export Corporation_, 129, 135, 147, 172
_U.S. v. Pee Wee Coal Co._, 174
_U.S. v. Russell_, 174
United Steelworkers of America, 139-143 passim
_United Steel Workers of America_, Petitioner, v. _United States,
et al._, 142, 175
Universal Military Training and Service Act (1940), amendment (1951),
23, 32, 92, 101-102, 106, 116
Vessels:
acquisition of, 51, 52;
foreign, in American waters, 71-72;
naval, 86, 117
Veterans’ Emergency Housing Act, 19-20
Vinson, Fred M., 139
Vinson-Trammell Act, 1934, 63
Volunteer Reserve, 30
von Braun, Werner, 28
Vote, right to, 89
Wages, 66-67, 101, 121
War:
controls, 107;
damage, compensation for, 113;
implements of, 95;
material, exporting of, 77
War Labor Disputes Act, 19, 44, 54, 62
War Powers Acts (1941), 84;
(1942), 69
War Production Board, 60, 77
War Risk Insurance Act, 114, 116
Water-supply facilities, 49
Watkins, Frederick M., 9
Weather, control of, 86-87
_White v. Steer_, 128
_Whitney v. California_, 132, 172
Wire communication facilities, 104
Women’s Armed Services Integration Act, 33
_Youngstown Sheet and Tube Co. v. Sawyer_, 126, 134, 148, 150, 174-175
* * * * *
Transcriber’s Notes:
The anchors for the endnotes have been relabeled consecutively through
the document, and the following additional endnote changes were made:
p. 8: Endnote anchor inserted (a long time.”[27])
p. 95: Endnote anchor inserted (of the Act.[563])
p. 119: Endnote anchor inserted (thus far reviewed.[692])
p. 120: Endnote anchor inserted (farm equipment.[701] The)
p. 158: Endnote 352 is missing in the original text and was added
p. 173: Endnote anchor removed (Steel Seizure Cases.)
Punctuation has been made consistent.
Variations in spelling and hyphenation were retained as they appear in
the original publication, except that obvious typographical errors have
been corrected.
The following changes were made:
p. 163: Foiunlin changed to Toulmin and Dairy changed to Diary (Harry
A. Toulmin, Jr., _Diary of Democracy_)
p. 183: 176?? changed to 173 (_Steel Seizure_ cases, 5, 126, 134-139,
173)
p. 184: 7 changed to 77 (War Production Board, 60, 77)