Channels, Spring 2019

Channels • 2019 • Volume 3 • Number 2 Page 35 case, President Truman directed his Secretary of Commerce, Charles Sawyer, to “seize and operate the steel mills.” 17 This action was in response to the United Steel Workers’ call to strike during the time of the Korean War. In a six-to-three decision, the Supreme Court rebuked President Truman for abusing his powers by seizing the steel mills. Moreover, the Court rejected the president’s assertion that national security concerns necessitated the assumption of control of the steel mill. Concurring, Justice Jackson writes of the nature and extent of presidential powers – particularly concerning foreign policy: (1) When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate…(2) When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain…(3) When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his constitutional powers minus any constitutional powers of Congress over the matter. 18 Other cases will be discussed in the following pages concerning presidential authority and reach into the policymaking of foreign affairs. However, for now, a consideration of the Youngstown and the Curtiss-Wright will serve as touchstones for understanding legal precedent surrounding executive power. Historic Overview of Presidential Powers in Application With each new president came new responsibilities, new challenges, and new constitutional questions concerning the extent of their influence, control, and power. Overall, presidents have consistently expanded the reaches of their powers in the areas of military intervention and foreign policymaking. The president, as commander in chief, holds the preeminent role within the hierarchical military establishment, and serves as the chief envoy and representative of the United States abroad as the head of state. Furthermore, presidents often expand their reach farther than the precedents set by previous presidents in favor of more rigorous and all-encompassing powers. A good analogy to consider is a balloon – the more one blows into or stretches a balloon, the easier it will be to continue to blow the balloon and expand it further. Such is the growth of presidential powers. Moreover, the justification of presidential actions that were necessitated based on circumstances, such as “defensive wars,” have led to the increase in presidential power in the area of foreign policy. 19 President George Washington, following the War of Independence, pursued the responsibility to lead the formation and application of America’s foreign policy from the beginning – and Congress let him. President George Washington believed the prerogatives of foreign affairs lied in the executive office. 20 During the nascent nation’s beginnings, President George Washington advocated strongly for the United States to remain neutral in the face of the European intra-wars. Specifically, 17 Youngstown Sheet & Tube Co. v. Sawyer , 343 U.S. 579 (1952). 18 Youngstown Sheet & Tube Co. v. Sawyer , 343 U.S. 579 (1952). Concurring opinion, Justice Jackson. 19 Fisher, Presidential War Power , 16. 20 Knott, Stephen. “George Washington: Foreign Affairs.” The University of Virginia Miller Center, 2018. https://millercenter.org/president/washington/foreign-affairs