What Are The Limitations Of Presidential Power

In Youngstown Sheet & Tube Co. v. Sawyer, President Truman enacted an executive order directing Charles Sawyer, the Secretary of Commerce to cease control of steel mills, and to keep them operational in response to the union of the steel mills call for a national strike. President Truman argued that steel was essential to the war and thus the “president had intrinsic constitutional authority under Article II to take such an action to secure the national interest” (Graber, M., & Gillman, H., 1988, p. 534). Justice Robert Jackson’s concurring opinion argues that the constitution though it diffuses power also renders the branches of government to integrate powers to have a functioning government. Jackson divides presidential power into three categories

In Jackson’s proposed solution for combating expanding executive powers, he argues that it relies on Congress’s ability to act quick and efficiently in times of crisis. Jackson states that the “court [cannot] keep power in the hands of Congress if it is not wise and timely in meeting its problems.” Jackson’s argument is not viable because of the limitations placed upon Congress’s procedures. Congress is only in session for part of the year and thus is not always assembled to deal with conflicts. Congress deals with red tape, the requirement for a majority vote in both houses of Congress and many more restrictions that the founder created to stop tyranny, and allow for a fair and efficient democracy. In creating this new and improved government, the disadvantage is the time required to perform these procedures set out by the founders. The executive is one individual that accompanied by the advice of his advisors can make swift decisions without as many constraints. In a war or emergency period, time is an opulence the government would not have. It is not probable to wait for Congress to delegate powers or act, when the executive can respond more swiftly. Jackson argues that the power to legislate for emergencies belongs in the hands of Congress and only Congress can prevent losing these powers. History has shown on numerous occasions Congress losing powers to the executive branch. During the Civil War, Lincoln from no authority by Congress “declared martial law in many northern communities, suspended habeas corpus, blocked southern ports, southern property was confiscated” and performed many actions without the authority of Congress (Graber, M., & Gillman, H., 1988, p. 291). When Congress was back in session they retroactively ratified Lincoln’s decisions and