Youngstown Sheet & Tube Co. v. Sawyer (the Steel Seizure Case)
343 U.S. 579 (1952)
The President seizes the steel mills during a war and loses
- In one lineEn una línea
- The President has no inherent lawmaking power; absent constitutional or statutory authority, seizing private industry is for Congress, and presidential power is lowest when Congress has spoken against it.El Presidente no tiene poder legislativo propio; sin autorización constitucional o legal, tomar una industria privada corresponde al Congreso, y el poder presidencial está en su punto más bajo cuando el Congreso se ha pronunciado en contra.
- RuleRegla
- Presidential action must stem from an act of Congress or from the Constitution itself. Under Jackson's framework, presidential power is at its maximum when Congress has authorized the action, in a zone of twilight when Congress is silent, and at its lowest ebb when the President acts against the express or implied will of Congress.
- Why this case is herePor qué está aquí este caso
- The anchor for chapter 6's section on the constitutional sources of presidential power (assigned September 11). Jackson's three categories are the vocabulary every later case about presidential power uses.
- Procedural posturePostura procesal
- Steel companies sued to enjoin the Secretary of Commerce from operating their mills under President Truman's executive order; the district court enjoined the seizure, the court of appeals stayed the injunction, and the Supreme Court affirmed the injunction.
Facts
During the Korean War, facing a nationwide steel strike, President Truman ordered the Secretary of Commerce to seize and operate most of the country’s steel mills, citing the war emergency and his powers as President and Commander in Chief. He reported to Congress, which did nothing. No statute authorized the seizure, and the Taft-Hartley Act of 1947 had deliberately omitted seizure as a remedy.
Procedural posture
The companies obtained an injunction in the district court; the Supreme Court took the case quickly and affirmed.
Issue
Whether the President had constitutional or statutory authority to seize private steel mills.
Holding
No. The order was lawmaking, which the Constitution entrusts to Congress alone; neither the executive power clause nor the commander-in-chief clause supplies it.
Reasoning
Justice Black’s majority opinion is formal: the President executes laws, he does not make them. Justice Jackson’s concurrence, the part everyone cites, treats presidential power as a sliding scale that depends on what Congress has done: authorization, silence or disapproval. Here Congress had disapproved, so the President stood at his lowest ebb and could rely only on his own powers minus those of Congress.
Rule (own words)
Ask first what Congress has said. Then ask what the Constitution gives the President alone. A domestic emergency does not create a third source.
Likely follow-upsRepreguntas probables
Which category did the steel seizure fall into?
Why does the commander-in-chief clause not help?
Mexican comparison?
Say the answer out loud before revealing each part. Rate yourself honestly; the case comes back sooner when you miss.Di la respuesta en voz alta antes de revelar cada parte. Califícate con honestidad; el caso vuelve antes si fallas.
Panic kit: “Could you repeat the question, please?” · “Let me make sure I have the facts right: …” · “I'm not certain, but I'd argue … because …”Kit de pánico: “Could you repeat the question, please?” · “Let me make sure I have the facts right: …” · “I'm not certain, but I'd argue … because …”