Which president seized the nations steel mills

He was particularly upset because five of the Supreme Court justices had been appointed by Franklin Roosevelt, while the remaining four were his own appointees. Only a few hours after the Supreme Court issued its ruling, President Truman ordered Secretary of Commerce Sawyer to return control of the steel companies to the owners. Truman tried once more to prevent a steel strike, this time by asking Congress for authority to seize the mills.

Congress ignored his request, and the strike began. About , striking steelworkers shut down the steel industry in the United States for more than seven weeks. As it turned out, the strike did not seriously hinder the war effort.

Steel inventories proved adequate to meet defense needs, at least for a while. President Truman again refused to use the Taft-Hartley Act to interfere with the steel strike.

Steel to Washington to pressure them for a settlement. On July 24, the union agreed to a Why did President Truman seize the steel mills in ? Why did the U. Supreme Court rule that this act was unconstitutional? What did each of the following participants do, or not do, to bring on the seven-week steelworkers strike in ? Which one of the participants do you think was most responsible for the strike?

In his Memoirs , Truman wrote that the "President must use whatever power the Constitution does not expressly deny him. Jackson wrote that the Constitution made the president the commander in chief of the army and navy, not "of the country, its industries and its inhabitants. With whom do you agree? Can you think of any emergency situations today where you believe the president should have power similar to what President Truman sought to exercise in ?

If so, what would they be? Be specific. Should they be confined to foreign relations or be extended to domestic affairs? Marcus, Maeva. New York: Columbia University Press, Form small groups to discuss each of the hypothetical situations described below.

In each case, the president takes some action in a national emergency without any specific legal authority from either the Constitution or Congress. In which do you think the president goes too far? Write at least one reason or argument supporting each of your decisions. American soldiers are fighting an "undeclared" war in Central America. The president established a "war censorship board" to screen all news stories reported from combat areas.

The president says news censorship is necessary in order to protect the lives of our troops. During a major declared war, many thousands of American troops are fighting in different locations throughout the world. At home, several unions are about to strike aircraft and other defense industries. The president seizes the unions and orders their members to remain on the job during the war emergency. During a worldwide economic depression, illegal immigration into the United States is "out of control.

President believes, as "evi- None. Owner shall be paid "just and. Power Act of , 41 of any project, dams, power denced by a written order fair compensation for the use. Seizure is "for the purpose the cost of restoring said. Control is limited to the "length by the United States and. President may "use or control a. President proclaims that there None.

President shall ascertain just. Government under such regu- disaster or other national be paid 75 percent of the.

It is necessary to preserve ject to existing law, in the. Claims for the rest of "just. Amendments to Com- No time limit. President proclaims a state or None. President "deems it neces-. Repealed in less Secretary of Navy, under Presi- a.

He is unable to reach agree- with private firms. Plant is equipped for or None. Owner refuses to give Govern-. Finding and proclamation Same "terms and conditions of Same as next above. Plants seized pre- materials which may be re- 2 the war effort will be un- changed by order of the War. Plant must be returned to. The Secretary of a Depart- None. Revenue Act of , 58 plants. Selective Service Act of No time limit.

President may "take immediate a. President with advice of the None. But Extended to President may "requisition" President determines that None. President shall determine just. Production Act, 64 Stat. Extended to rials or facilities necessary for b. Restricted in the main to obtaining use of the prop- courts or the Court of Claims,.

Under existing statutes for con-. Production Act Amend- Stat. Immediate pos-. Communications between Washington and Northern troops guarded railway and tele-. Scott officer in the North were interrupted by bands of graph facilities; they were repaired and. Annapolis, Md. War of the Rebellion, Official southern sympathizers who destroyed restored to operation under orders of the.

Records of the Union and Confederate railway and telegraph facilities. Secretary of War. Telegraph lines. Richardson, Messages and Papers of the 12 Stat. Richardson, Messages and Papers of the Congress" presumably Railroad and troops and supplies. July 14, , 12 Stat. Bigelow-Hartford Carpet Co. Lowell, Mass. Labor difficulties; congestion; ineffective Wage increase; changes in operating prac-. Joint Resolution of Dec.

Liberty Ordnance Co. Bijur Motor Appliance Co. Hoboken, N. Jewel Tea Co. Joint Resolution of July 16, Labor difficulties. Anti- union discrimination terminated. Anti-union discrimination terminated;. Mosler Safe Co. Bush Terminal Co. Act of Aug. Food and Fuel Act of North American Aviation, Inc. Inglewood, Calif. Board recommendation. Air Associates, Inc. Toledo, P. General Cable Co. War Labor Board recommenda-. Woods Machine Co. Maintenance of membership.

Boston, Mass. Coal Mines. Pewee Coal Co. To increase take-home pay. West Ky. American R. War Labor Disputes Act. Agreement with Secretary of. Jurisdictional strike. Peabody, and Danvers, Mass. Western Electric Co. Strike in protest of War None. Labor Board nonsegregation. Control relinquished when par- Presidential arbitration based Thorne v. Washington Terminal Co. Fall River, Mass.

Jenkins Bros. Wage increase. Owensboro, Ky. Badeau, 55 F. Philadelphia Transportation Co. Strike is protest of None United States v. McMenamin, 58 F. Philadelphia, Pa. First War Powers Act of WLB nonsegregation ruling. Midwest Trucking Operators. War Labor Board recommen-. San Francisco, Calif. Forrestal, 58 F. Cancellation of em- N. Anthracite Coal Mines. International Nickel Co.

Hughes Tool Co. Maintenance of membership War Labor Board recommenda-. Cleveland Graphite Bronze Co. Cleveland, Ohio. Farrell Cheeck Steel Co. Toledo, Ohio, Machine Shops. Cudahy Bros. Maintenance of membership; War Labor Board recommenda-.

American Enka Corp. Strike over question of War Labor Board recommenda-. Selective Service Act as amended. Agreement of parties. Cities Service Refining Corp. Strike over housing None. Lake Charles, La. United Engineering Co. Gastonia, N. Chicago, Ill. Gaffney Mfg. Pure Oil Co. Scranton Transit Co. Diamond Alkali Co. Texas Co. Strike over racial dis-. Akron, Ohio. Sinclair Rubber Co. Change in union security ar- War Labor Board recommenda-. Springfield Plywood Co.

Rubber Co. Illinois Central R. Jurisdictional strike Railway Labor Act Emergency. Disputes Act. Capital Transit Co. Great Lakes Towing Co. National Wage Stabilization. Meatpacking Industry. Bituminous Coal Mines. United Mine. Workers, U. UMW, UMW as representative of F. Monongahela Connecting R. Property returned on None. Pittsburgh, Pa. Brotherhood of. Board recommendation as Locomotive Engineers, 79 F. Board recommendation as. This was a State power project, financed by federal Federal Works Administrator replaced management.

Seizure was based on 1 State de- and completed the project. Transferred to Depart-. Returned pursuant to Act of. Brewster Aeronautical Corp. Island City, N. Congressional of new president. Triumph Explosives, Inc. Howarth Pivoted Bearings Co. Inefficient management. Designees of Secretary of Navy operated plant for. Remington Rand, Inc. Operated by contractor Todd Shipyard Co. Lord Mfg. Refusal to deliver items at "fair and reasonable Designees of Secretary of Navy operated company for.

Clyde B. He adds that the return of the road to its private owners followed "shortly thereafter. Original documents on this seizure are unavailable, and it has, therefore, not been included in this table.

Although no specific statutory authority was cited in the seizing order, it is clear from correspondence and reports in connection with the administration of the program that the seizure was effected under wartime legislation.

See, e. Question marks appear in the tables in instances where no satisfactory information on the particular point was available. Each of the Executive Orders uses the stock phrase "the Constitution and laws" as authority for the President's action, as well as his position as Commander in Chief.

Only specific statutory authority relied upon is given in this table. The form of reference of the particular Executive Order is used.

Statutes referred to in the table are analyzed in Appendix I, supra, p. For convenience, their citations are repeated here:. When seizures of transportation facilities were effected through agencies other than the War Department, the First War Powers Act of , 55 Stat. Title I of that Act permitted the President to shift certain functions among executive agencies in aid of the war effort.

The Act of Aug. Unless otherwise indicated, changes in conditions of employment instituted during seizure were continued by management upon the return of the facilities to its control.

Validity of seizure was challenged in comparatively few cases. Most litigation concerned the consequences of seizure. This order was followed by a series drawn in the same terms extending the seizure to additional mines. The Executive Orders were: No. A series of strikes for recognition by supervisory employees at the various mines were usually, though not always, terminated on seizure of the affected property.

There can be no doubt that the emergency which caused the President to seize these steel plants was one that bore heavily on the country. But the emergency did not create power; it merely marked an occasion when power should be exercised.

And the fact that it was necessary that measures be taken to keep steel in production does not mean that the President, rather than the Congress, had the constitutional authority to act. The Congress, as well as the President, is trustee of the national welfare. The President can act more quickly than the Congress. The President, with the armed services at his disposal, can move with force, as well as with speed. All executive power -- from the reign of ancient kings to the rule of modern dictators -- has the outward appearance of efficiency.

Legislative power, by contrast, is slower to exercise. There must be delay while the ponderous machinery of committees, hearings, and debates is put into motion. That takes time, and, while the Congress slowly moves into action, the emergency may take its toll in wages, consumer goods, war production, the standard of living of the people, and perhaps even lives.

Legislative action may indeed often be cumbersome, time-consuming, and apparently inefficient. But, as Mr. Justice Brandeis stated in his dissent in Myers v.

The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy. We therefore cannot decide this case by determining which branch of government can deal most expeditiously with the present crisis. The answer must depend on the allocation of powers under the Constitution.

That, in turn, requires an analysis of the conditions giving rise to the seizure, and of the seizure itself. The relations between labor and industry are one of the crucial problems of the era. Their solution will doubtless entail many methods -- education of labor leaders and business executives; the encouragement of mediation and conciliation by the President and the use of his great office in the cause of industrial peace, and the passage of laws.

Laws entail sanctions -- penalties for their violation. One type of sanction is fine and imprisonment. Another is seizure of property. An industry may become so lawless, so irresponsible, as to endanger the whole economy. Seizure of the industry may be the only wise and practical solution. The method by which industrial peace is achieved is of vital importance not only to the parties, but to society as well. A determination that sanctions should be applied, that the hand of the law should be placed upon the parties, and that the force of the courts should be directed against them is an exercise of legislative power.

In some nations, that power is entrusted to the executive branch as a matter of course or in case of emergencies. We chose another course.

We chose to place the legislative power of the Federal Government in the Congress. The language of the Constitution is not ambiguous or qualified. It places not some legislative power in the Congress; Article I, Section 1 says. The legislative nature of the action taken by the President seems to me to be clear.

When the United States. The seizure of the plant is a taking in the constitutional sense. United States v Pewee Coal Co. A permanent taking would amount to the nationalization of the industry. A temporary taking falls short of that goal. But though the seizure is only for a week or a month, the condemnation is complete, and the United States must pay compensation for the temporary possession.

General Motors Corp. The power of the Federal Government to condemn property is well established. Kohl v. United States, 91 U. It can condemn for any public purpose, and I have no doubt but that condemnation of a plant, factory, or industry in order to promote industrial peace would be constitutional. But there is a duty to pay for all property taken by the Government. The command of the Fifth Amendment is that no "private property be taken for public use, without just compensation.

The President has no power to raise revenues. The President might seize, and the Congress, by subsequent action, might ratify the seizure. Global Freedom. Government and Politics. Health Care. Monetary Policy. Poverty and Social Welfare.

Public Opinion. Tax and Budget Policy. Technology and Privacy. Trade Policy. April 11, AM. From , the United States was involved in the Korean War. To fund the war, Truman originally wanted to increase taxes and implement credit controls to limit inflation. Many Americans were opposed to this due to the previous two decades of shortages from the Great Depression and World War II rationing, so the government was forced to get creative in thinking of other ways to fund and mobilize for war.

The Office of Price Stabilization OPS enacted price controls on various wartime industries, including steel tonnage pricing, while the Wage Stabilization Board WSB worked to limit wage increases for workers to what they felt was a reasonable amount. With these two major agencies, the US was able to keep producing war materials without interruption from labor and industry disputes over prices and wages. As time went on, slight changes had to be made to the wartime economy.

Taxes ultimately had to be increased over time, but wages were increasing too slowly to please many of the labor groups in the US. This situation especially upset the steel unions. The steel industry was vital to the war effort, and the steel unions were strong.