Youngstown Sheet & Tube Co. v. Sawyer · ¶53

In adopting the provisions which it did, by the Labor Management Relations Act of 1947, for dealing with a “national emergency” arising out of a breakdown in peaceful industrial relations, Congress was very familiar with Governmental seizure as a protective measure. On a balance of considerations, Congress chose not to lodge this power in the President. It chose not to make available in advance a remedy to which both industry and labor were fiercely hostile. In deciding that authority to seize should be given to the President only after full consideration of the particular situation should show such legislation to be necessary,- Congress presumably acted on experience with similar industrial conflicts in the past. It evidently assumed that industrial shutdowns in basic industries are not instances of spontaneous generation, and that danger warnings are sufficiently plain before the…

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