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Dalton is also difficult to square with the Steel Seizure case.
As Justice Robert Jackson noted in the Steel Seizure case, "the claim of inherent and unrestricted presidential powers has long been a persuasive dialectical weapon in political controversy.
In fact, the Supreme Court resoundingly rejected the existence of inherent power in the Steel Seizure case.
The Youngstown decision is also referred to as the Steel Seizure Case.
4) Nevertheless, had the Steel Seizure Case reached the courts in late 1950 or early 1951, judges--leery to hinder prosecution of the war--might have sidestepped a judicial resolution of the issue.
Many factors made the Steel Seizure case "one of a kind": Truman was an unpopular, pro-labor president; he seized private property in an effort to sidestep the dictates of Taft-Hartley; and he justified the seizure by pointing to a war that increasingly seemed unwinable.
With the exception of the Steel Seizure case (Youngstown Sheet & Tube v.
Jackson said in the steel seizure case, "only Congress itself can prevent power from slipping through its fingers" (343 U.
at 582-84, see especially Marcus, Truman and the Steel Seizure Case at 58-82 (cited in note 14); Lea, 47 Nw.
See Marcus, Truman and the Steel Seizure Case at 216 (cited in note 14); Harbaugh, 87 Yale L.
The Steel Seizure Case, like the Pentagon Papers Case (9) and the Watergate Tapes Case, (10) was suffused with richly-textured historic dimensions.
That means his power is, as Justice Jackson said in the steel seizure cases half a century ago, "at its lowest ebb.