06-02-1952 youngstown sheet & tube co v sawyer 343 us web view9/6/2012 · arguments as to...
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Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
72 S.Ct. 863, 30 L.R.R.M. (BNA) 2172, 26 A.L.R.2d 1378, 96 L.Ed. 1153...
2012 Thomson Reuters. No claim to original U.S. Government Works.
KeyCite Yellow Flag - Negative Treatment
Declined to Extend by BANDES V. HARLOW & JONES, INC., 2nd Cir.(N.Y.), July 19, 1988
72 S.Ct. 863
Supreme Court of the United States
YOUNGSTOWN SHEET & TUBE CO. et al.
v.
SAWYER.
SAWYER
v.
YOUNGSTOWN SHEET & TUBE CO. et al.
Nos. 744, 745. | Argued May 12 and May 13, 1952. | Decided June 2, 1952.
The Youngstown Sheet & Tube Company and other steel companies named in a list attached to Executive Order No. 10340, promulgated April 8, 1952, directing seizure of the plants of such companies, brought actions against Charles Sawyer, Secretary of Commerce, praying for declaratory judgments and injunctive relief. The United States District Court for the District of Columbia, David A. Pine, J., 103 F.Supp. 569, granted plaintiffs motions for temporary injunctions. Certiorari was granted by the United States Supreme Court after the Court of Appeals for the District of Columbia Circuit had issued stay orders. Mr. Justice Black delivered the opinion of the court holding that the seizure order was not within the constitutional power of the President.
Affirmed.
Mr. Chief Justice Vinson, Mr. Justice Reed and Mr. Justice Minton dissented.
West Headnotes (12)
[1]
Constitutional Law
Necessity of Determination
92Constitutional Law
92VIEnforcement of Constitutional Provisions
92VI(C)Determination of Constitutional Questions
92VI(C)2Necessity of Determination
92k975In general
(Formerly 92k46(1))
Courts will decline to reach and decide constitutional questions until compelled to do so.
2 Cases that cite this headnote
[2]
Injunction
Government Property, Facilities, Funds, and Revenue
212Injunction
212IVParticular Subjects of Relief
212IV(F)Government Property, Facilities, Funds, and Revenue
212k1261In general
(Formerly 212k147)
In view of prior cases in United States Supreme Court casting doubt on right to recover in Court of Claims on account of properties unlawfully taken by government officials for public use, the difficulty of measuring present and future damages likely to result from seizure of going businesses, and other facts presented in proceedings on steel companies motions to temporarily enjoin Secretary of Commerce from seizing their plants, district court did not err in refusing to delay decision as to constitutional validity of seizure orders.
78 Cases that cite this headnote
[3]
United States
Exercise of supreme executive authority
393United States
393IGovernment in General
393k28Exercise of supreme executive authority
Contrary to contention that President had inherent power to be exercised in public interest, the presidents power to issue Executive Order directing Secretary of Commerce to take possession of plants of steel companies involved in labor dispute would have to stem either from an act of Congress or from the Constitution itself.
191 Cases that cite this headnote
[4]
War and National Emergency
Seizure or control of private business
War and National Emergency
Labor disputes
402War and National Emergency
402IIMeasures and Acts in Exercise of Federal Power
402II(B)Particular Measures, Orders, and Regulations
402II(B)1Mobilization for War
402k1111Manufacture and Procurement of War Materials
402k1114Seizure or control of private business
(Formerly 402k45)
402War and National Emergency
402IIMeasures and Acts in Exercise of Federal Power
402II(B)Particular Measures, Orders, and Regulations
402II(B)8Labor and Wage Control
402k1319Labor disputes
(Formerly 402k45)
The job of keeping labor disputes from stopping production is one for the nations lawmakers rather than one for its military authorities; and therefore, notwithstanding expanding concept of theater of war, Executive Order directing Secretary of Commerce to take possession of plants of steel companies involved in labor dispute could not be sustained as exercise of Presidents military power as commander in chief of armed forces. U.S.C.A.Const. art. 1, 1, 8, art. 2.
43 Cases that cite this headnote
[5]
Constitutional Law
Encroachment on legislature
92Constitutional Law
92XXSeparation of Powers
92XX(D)Executive Powers and Functions
92k2621Encroachment on legislature
(Formerly 92k77)
The Congress rather than the President, is vested by the Constitution with lawmaking function, and President is restricted to recommending laws thought wise, vetoing of laws considered bad, and seeing to the faithful execution of laws properly enacted. U.S.C.A.Const. art. 1, 1, 8, art. 2.
24 Cases that cite this headnote
[6]
Constitutional Law
Encroachment on legislature
United States
Exercise of supreme executive authority
92Constitutional Law
92XXSeparation of Powers
92XX(D)Executive Powers and Functions
92k2621Encroachment on legislature
(Formerly 92k77)
393United States
393IGovernment in General
393k28Exercise of supreme executive authority
Where Executive Order directing Secretary of Commerce to seize steel mills set forth in its preamble, like statute, reasons why President believed certain policies should be adopted, and such policies were proclaimed as rules of conduct to be followed, and, again like statute, authorized government officials to promulgate additional rules and regulations consistent with policy proclaimed and needed to carry that policy into execution, such order was not merely a direction that Congressional policy be executed in manner prescribed by Congress, but amounted to a direction that presidential policy be executed in a manner prescribed by the President; and therefore, such order could not be sustained as an exercise of the Presidents power to see that laws are faithfully executed. U.S.C.A.Const. art. 2, 3.
107 Cases that cite this headnote
[7]
Eminent Domain
Power of United States
148Eminent Domain
148INature, Extent, and Delegation of Power
148k5Power of United States
Congress can authorize taking of private property for public use. U.S.C.A.Const. art. 1, 1, 8.
9 Cases that cite this headnote
[8]
Labor and Employment
Power to regulate
Labor and Employment
Power to regulate
Labor and Employment
Constitutional and Statutory Provisions
Labor and Employment
Power to Regulate
231HLabor and Employment
231HXIILabor Relations
231HXII(A)In General
231Hk961Power to regulate
(Formerly 232Ak5 Labor Relations)
231HLabor and Employment
231HXIILabor Relations
231HXII(F)Disputes and Concerted Activities
231HXII(F)1In General
231Hk1341Power to regulate
(Formerly 232Ak283 Labor Relations)
231HLabor and Employment
231HXIIIWages and Hours
231HXIII(A)In General
231Hk2171Constitutional and Statutory Provisions
231Hk2172In general
(Formerly 232Ak5 Labor Relations)
231HLabor and Employment
231HXIIIWages and Hours
231HXIII(B)Minimum Wages and Overtime Pay
231HXIII(B)1In General
231Hk2211Power to Regulate
231Hk2212In general
(Formerly 232Ak1082.1, 232Ak1082 Labor Relations)
Congress can make laws regulating relationships between employers and employees, prescribing rules designed to settle labor disputes, and fixing wages and working conditions in certain fields of our economy. U.S.C.A.Const. art. 1, 1, 8.
[9]
Constitutional Law
Encroachment on legislature
92Constitutional Law
92XXSeparation of Powers
92XX(D)Executive Powers and Functions
92k2621Encroachment on legislature
(Formerly 92k77)
Under Constitution, lawmaking power of Congress is not subject to presidential or military supervision or control. U.S.C.A.Const. art. 1, 1.
11 Cases that cite this headnote
[10]
Constitutional Law
Encroachment on legislature
92Constitutional Law
92XXSeparation of Powers
92XX(D)Executive Powers and Functions
92k2621Encroachment on legislature
(Formerly 92k77)
Previous action by Presidents in seizing, without Congressional authority, possession of private business enterprises in order to settle labor disputes did not deprive Congress of its exclusive constitutional authority to make laws necessary and proper to carry out powers vested by Constitution in the government of the United States, or any department or officer thereof. U.S.C.A.Const. art. 1, 8.
70 Cases that cite this headnote
[11]
Constitutional Law
Nature and scope in general
92Constitutional Law
92XXSeparation of Powers
92XX(B)Legislative Powers and Functions
92XX(B)1In General
92k2340Nature and scope in general
(Formerly 92k77)
The lawmaking power entrusted to Congress by the founders of the Nation must be exercised by the Congress alone in both good and bad times. U.S.C.A.Const. art. 1, s 8.
12 Cases that cite this headnote
[12]
Constitutional Law
Natu