In the early 1950s, the United States was at war in Korea as part of a United

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In the early 1950s, the United States was at war in Korea as part of a United Nations "police action." American steelworkers were threatening to strike over wages and collective bargaining disagreements with steel companies. The president made every attempt to intervene and to help the parties negotiate an agreement. A strike would have disrupted the supply of steel, leading to a possible shortage of steel during the war effort and an increase in prices in all products made of steel. Despite all efforts, the parties were unable to reach agreement. Just before the steelworkers were to go on strike, President Truman ordered Secretary of Commerce Charles Sawyer to seize the steel mills and keep them in operation. The president based his authority for doing so on Article II of the Constitution and on his power as commander-in-chief of the armed forces. A district court granted the request of the steel companies for a temporary injunction against the president's order, the Court of Appeals agreed, and the secretary of commerce appealed to the Supreme Court.
1. On what grounds did Justice Black reject President Truman's seizure order?
2. Explain Justice Jackson's tripartite classification of presidential power. When is the president's authority considered to be at its "lowest ebb"? How did he classify President Truman's action in seizing the steel mills, and why?
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International Business Law And Its Environment

ISBN: 9781305972599

10th Edition

Authors: Richard Schaffer, Filiberto Agusti, Lucien J. Dhooge

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