"But even if this be true, Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution' in the Government of the United States, or in any Department or Officer thereof.'" Is this statement saying that if they allowed the president the power to take over the steel mills through executive order and he exercises a power not expressly granted to him through the Constitution or by Congress, that it would upset the balance of power to the point that authority to make laws would in effect be shared between Congress and the President? Consider the entire paragraph from which the above is taken: A. It is said that other Presidents without congressional authority have taken possession of private business enterprises in order to settle labor disputes. But even if this be true, Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution’ in the Government of the United States, or in any Department or Officer thereof.’ This paragraph rejects the idea that since previous presidents have taken property without congressional authority, it's alright if Truman does so in these circumstances. Does this help? RJL
Robert Justin Lipkin Professor of Law Widener University School of Law Delaware Ratio Juris , Contributor: _ http://ratiojuris.blogspot.com/_ (http://ratiojuris.blogspot.com/) Essentially Contested America, Editor-In-Chief _http://www.essentiallycontestedamerica.org/_ (http://www.essentiallycontestedamerica.org/) ************************************** See what's new at http://www.aol.com
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
