Reply #10: Remember how they kept quoting Jackson in the Youngstown case... [View All]

[Junkdrawer]

during all the recent SCOTUS confirmation hearings?

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. In these circumstances, and in these only, may he be said (for what it may be worth) to personify the federal sovereignty. If his act is held unconstitutional under these circumstances, it usually means that the Federal Government as an undivided whole lacks power. A seizure executed by the President pursuant to an Act of Congress would be supported by the strongest of presumptions and the widest latitude of judicial interpretation, and the burden of persuasion would rest heavily upon any who might attack it.


http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/youngstown.html