Haig V. Agee - Concurrence

Concurrence

Blackmun concurred, stating simply that he believed this case had cut back somewhat on the standards articulated in Zemel v. Rusk and Kent v. Dulles sub silencio and that it would have been better if the Court had forthrightly construed the law such that evidence of a longstanding Executive policy or construction in this area be probative of the issue of congressional authorization.