Volume 20, Number 6 · April 19, 1973
Can Congress Stop the President?
By I.F. Stone
In a landmark case during the Korean War, a liberal majority of the US Supreme Court refused to allow Truman to seize the nation's steel mills. The Court rejected the White House claim that such action was constitutional under the so-called war powers of the President. 'Power to legislate for emergencies,' Justice Jackson then wrote in one of those brilliant concurring opinions for which he is famous, 'belongs in the hands of Congress, but only Congress itself can prevent power from slipping through its hands.' This case was the first to deal squarely with presidential claims of 'inherent' war powers in the sweeping form that still plagues us in the skies over Indochina.
Feature, 6893 words
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