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Youngstown Sheet & Tube Co. v. Sawyer · ¶246

Following passage of the Smith-Connally Act, seizures to assure continued production on the basis of terms recommended by the War Labor Board were based upon that Act as well as upon the President’s power under the Constitution and the laws generally. A question did arise as to whether the statutory language relating to “any plant, mine, or facility equipped for the manufacture, production, or mining of any articles or materials” authorized the seizure of properties of Montgomery Ward & Co., a retail department store and mail-order concern. The Attorney General (Biddle) issued an opinion that the President possessed the power to seize Montgomery Ward properties to prevent a work stoppage whether or not the terms of the Smith-Connally Act authorized such a seizure. This opinion was in line with the views on Presidential powers maintained by the Attorney General’s predecessors (Murphy and…
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U. S. Reports, bound volume
U. S. Reports, volume 343, at 579 (Library of Congress) · transcription: Caselaw Access Project
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