Justice Jackson s Steel Seizure Concurrence - 1442 Words

As the decided cases make clear, focusing mainly on mere historical acquiescence by Congress when examining the President s exercise of a particular power does not by itself prove that Congress lacks the authority to limit the exercise of that power when it gathers the courage and wisdom to do so. Justice Jackson s Steel Seizure concurrence carried the warning that only Congress itself can prevent power from slipping through its fingers† and that warning presupposes what is argued here: that Congress, if it so chooses, can regain power lost to the executive branch through its own course of action. If the Congress does not act when conditions demand action, then the President will exercise power because power must be exercised. But the fact that the President exercises a power when Congress does not, does not render that power as inherent in the executive or even make it remotely valid. At best, the power is inherent in the overall government of the United States of America. T herefore, the argument that Presidents have always controlled troops without congressional interference proves no more than perhaps its own premise: that Presidents have always done this. In particular, that historical conclusion makes no statement at all about congressional authority to alter that long-standing state of affairs. Failure to see this crucial distinction accounts for occasional citation to the line of cases beginning with United States v. Midwest Oil Co., as authority for theShow MoreRelatedPresidency and Foreign Policy Making Essay1692 Words   |  7 Pagescontext of Justice Robert Jackson’s concurring judgment within the 1952 Steel Seizure Case. Taking this case into perspective, Justice Jackson affirmed that, Presidential powers should not be considered to be rigid, but on the contrary, these powers should be considered to be fluctuating powers, conditional upon their concurrence or disjunction with the powers of Congress. Justice Jackson fashioned a glidin g scale in application of executive power in comparison with congressional power. Justice JacksonRead MoreNational Security Outline Essay40741 Words   |  163 Pagesgenerally interpreted as outlawing only aggressive war and not the use of force short of war, such as reprisals. a. A major step in the evolution of the international law of conflict management. WWI caused fear of destruction, peace was sought over justice. iii. UN Charter era 1. two great strands of the league period a. substantive requirements of the KB Pact outlawing war except in defense b. the principal of collective defense from Article 16 of the League 2. improvements, focus on force orRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pagesand permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey 07458, or you may fax your request to 201-236-3290. Many of the designations by manufacturers