Youngstown Sheet & Tube Co. V. Sawyer - Dissenting Opinion

Dissenting Opinion

Chief Justice Vinson dissented; Justices Reed and Minton joined him. His opinion dealt at some length with the history of presidential seizures; in the oral presentation of his opinion he went out of his way to make a sarcastic reference to the contrary positions that Jackson and Clark had taken when they were the Attorneys General for Roosevelt and Truman, respectively. Rejecting the view that Congress had limited the executive's authority to seize property in this case by providing for different procedures in the legislation it had enacted, Vinson's opinion nonetheless appeared to recognize Congress' primacy in enacting legislation, justifying the seizure in this case as necessary to preserve the status quo so that Congress could act in the future, but mocking arguments based on the Constitution's provision allowing the President to recommend legislation, rather than to make it himself, as "the messenger-boy concept of the Office".

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