Youngstown Sheet & Tube Co. v. Sawyer · ¶133

This brings us to a further crucial question. Does the President, in such a situation, have inherent constitutional power to seize private property which makes congressional action in relation thereto unnecessary? We find no such power available to him under the present circumstances. The present situation is not comparable to that of an imminent invasion or threatened attack. We do not face the issue of what might be the President’s constitutional power to meet such catastrophic situations. Nor is it claimed that the current seizure is in the nature of a military command addressed by the President, as Commander-in-Chief, to a mobilized nation waging, or imminently threatened with, total war.

U. S. Reports, bound volume
U. S. Reports, volume 343, at 579 (Library of Congress) · transcription: Caselaw Access Project
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