Con Law Federal Executive Power

Youngstown Sheet & Tube Co. v Sawyer

Facts

• In 1952, during the Korean War, the United Steelworkers of America gave a 5-day notice of their intention to strike.

• Steel was an indispensable part of all weapons and war materials.

• President Truman felt that the strike would immediately jeopardize the nation’s defense.

  • President Truman first tried issuing letters to Congress to use the Commerce Clause to stop the strike. Congress did not respond to his letters.

  • Truman then tried to refer the union and the steel mill owners to mediation with the Federal Wage Stabilization Board. No agreement was made.

  • Finally, President Truman issued an executive order directing his Secretary of Commerce, Sawyer, to take possession of most of the steel mills and operate them.

• The Steel Companies sued, arguing that the seizure was not authorized by an act of Congress or the Constitution.

Analysis

• Holding: The President cannot issue an executive order to take over the steel mills since neither the Constitution nor an Act of Congress gave him that power.

Justice Jackson Concurrence

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