Youngstown Sheet and Tube Co. v. Sawyer

Questions for Further Study

• 1. In his opinion for the Court in Youngstown, Justice Black denounces President Truman’s assertion of an inherent power to confront emergencies. Do you believe that the president has such power? If so, what are its limits? By what method would you draw limits around such a power?
• 2. Is it possible to reconcile the concept of a presidency created and defined by the Constitution with the concept of an emergency executive power? Explain.
• 3. Irrespective of the Court’s ruling in Youngstown, what did the framers of the Constitution think about the concept of an inherent presidential power? Are their views relevant to the modern era?
• 4. The Black and Jackson opinions use different approaches in considering the separation of powers. Which approach do you find more useful? If a power, such as the lawmaking power, is granted to one branch, should another branch be permitted to exercise it? Explain.