06-02-1952 Youngstown Sheet & Tube Co v Sawyer 343 US Web view06.10.2012 · Youngstown...

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.


[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.


[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.


[5]

Constitutional Law

Encroachment on legislature


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.


[6]

Constitutional Law


United States

Exercise of supreme executive authority





(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.


[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.


[8]

Labor and Employment

Power to regulate


Power to regulate


Constitutional and Statutory Provisions


Power to Regulate

231HLabor and Employment

231HXIILabor Relations

231HXII(A)In General

231Hk961Power to regulate

(Formerly 232Ak5 Labor Relations)


231HXIILabor Relations

231HXII(F)Disputes and Concerted Activities

231HXII(F)1In General

231Hk1341Power to regulate



231HXIIIWages and Hours

231HXIII(A)In General

231Hk2171Constitutional and Statutory Provisions

231Hk2172In general



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






(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.


[10]

Constitutional Law






(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.


[11]

Constitutional Law

Nature and scope in general



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]

Constitutional Law

Natu

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