CHAPTER X

“The Constitution as Instrument and as Symbol,” 30 American Political Science Review, 1936, 1071 at 1077.

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 Thousands of persons were imprisoned, and the Acts were presently repealed.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.

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.

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.

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

See Ex parte Merryman, Fed. Cas. No. 9487 (1861), 17 Fed. Cas., p. 144.

Carl B. Swisher, Roger B. Taney, New York: Macmillan, 1936, p. 567.

4 Wall. 2 (1866).

Ex parte Milligan, op. cit., at pp. 120-21, 126.

Id., at 139.

327 U. S. 304 (1946).

Id., at 328.

Constitutional Power and World Affairs (New York: Columbia University Press, 1919).

299 U. S. 304 (1936).

Op. cit., p. 97.

U. S. v. Curtiss-Wright, op. cit., pp. 316-318.

323 U. S. 214 (1944).

Id., at 244.

Id., at 246.

Id., at 248.

Edward S. Corwin, Total War and the Constitution (New York: Knopf, 1946), p. 80.

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.

Discussed subsequently in relation to the Dennis case.

249 U. S. 47 at p. 52 (1919).

Abrams v. United States, 250 U. S. 616 (1919).

Id., at 628-29.

Gitlow v. New York, 268 U.S. 652 (1925); Whitney v. California, 274 U.S. 357 (1927).

18 USC 2385.

183 F. 2d 201, 212-13 (1950). See, Robert G. McCloskey, “Free Speech, Sedition and the Constitution,” 45 APSR, 1951, pp. 662-673.

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.

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.

Hirabayashi v. United States, 320 U.S. 81, esp. 93 (1942); Korematsu v. United States, 323 U.S. 214 (1944).

Bowles v. Willingham, 321 U.S. 503, esp. 519 (1944).

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.

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.

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.

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579.

17 Fed. Reg. 3139.

The phrase is that of James Willard Hurst. The Growth of American Law, (Boston: Little, Brown and Co., 1950), p. 397.

Youngstown Sheet & Tube Co. v. Sawyer, op. cit., at 582.

Youngstown Sheet & Tube Co., et al., v. Sawyer, 103 F. Supp. 978.

Id., at 980, 981.

Youngstown Sheet & Tube Co., et al., v. Sawyer, 103 F. Supp. 569.

Id., at 573.

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.

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.”

299 U.S. 304, 316-18 (1936).

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.

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).

343 U.S. 579 at 611.

Petitioners’ Brief, p. 66.

343 U.S. 579 at 646.

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.

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.

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.

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.

Id., at 19-20.

Id., at 102-150.

Id., at 26.

Id., at 73.

Id., at 49.

Id., at 48.

Id., at 49.

Id., at 16.

Little v. Barreme, 2 Cranch 170 (1804). (The above discussion of the case closely parallels that in Petitioner’s Brief, pp. 44-46.)

Id., at 588.

Id., at 585.

Id., at 587.

Id.

Id.

“The Steel Seizure Case: A Judicial Brick Without Straw,” 53 Columbia Law Review, 53-66, 64-65 (1953).

Frankfurter, J., op. cit., 589 and 593-614; Jackson, J., 634-55; Burton, J., 655-60; Clark, J., 660-67; Douglas, J., 629-34.

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.

Id., at 634.

Id., at 635.

Id., at 635-637.

Id., at 640.

Op. cit.

Youngstown Sheet & Tube Co. v. Sawyer, op. cit., at 632.

Id.

Id.

Op. cit., 667-710, 708. Reed and Minton, JJ. concurred in Vinson’s dissent.

The Steel Strike of 1959.

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.

61 Stat. 136, 155 as amended, 29 U.S.C. 176-180.

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.”

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.

Report to the President of the Board of Inquiry, Oct. 19, 1959, pp. 11-33.

Id., p. 28.

United Steelworkers of America, Petitioner v. United States of America, Brief for the United States in Opposition, p. 5.

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.

Government Brief, “The Findings of the District Court,” pp. 23-26; 71-81.

Govt’s brief, p. 26.

See Anthony Lewis “Supreme Court Agrees to Rule in Steel Dispute,” New York Times, Tuesday, October 30, 1959, p. 1, col. 3.

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.”)

p. 95: Endnote anchor inserted (of the Act.)

p. 119: Endnote anchor inserted (thus far reviewed.)

p. 120: Endnote anchor inserted (farm equipment. 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)