Seperation of Powers (1)

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Political Science

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Apr 3, 2024

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Separation of Powers and Executive Power Assignment In this essay, I will be discussing President Harry Truman's executive decision to seize the mills in the '' Youngstown Sheet & Tube Co. et al. v. Sawyer '' case and whether the Supreme Court decision against the President's actions exceeded his executive power under the United States Constitution would be consistent with a biblical worldview. To do so we must first discuss the case brief of '' Youngstown Sheet & Tube Co. et al. v. Sawyer ''. In this case brief there was a labor dispute between the employees and the steel mill owners about a bargaining agreement. Although the two sides couldn't come to terms they had to have federal mediators to help them but still couldn't come to terms, so the workers prepared for a strike. The Korean War was also happening around that time in the United States. As steel would be needed for the military and although the workers were on strike President Truman thought this would comprise national defense. President Truman then would enter an executive order for the Secretary of Commerce Sawyer to take control of the steel mills so that nothing would interrupt production. Youngstown and Mills and other steel operators will file a suit against Sawyer in the federal courts. They would sue Sawyer stating that the President's order was unconstitutional because it would amount to legislative in which the Congress rule. On the other hand, the government would agree that they were acting in a national emergency and the order was within the constitutional powers. The District Court would state the President exceeded his authority. While the Court of Appeals stated otherwise and Supreme Court Justice Black mentioned that the President could only act when he is authorized to do so by the Constitution or Congress and that the war powers granted by the executive by the Constitution wouldn't apply because there was no declaration of war. The Taft- Harley Act of 1947 states that the government cannot seize to resolve labor disputes.
' 'The Taft-Hartley Act, known officially as the Labor-Management Relations Act, was passed by Congress on June 23, 1947, over a veto by President Harry S. Truman, who described the legislation as a “slave-labor bill.” Taft-Hartley Act allowed the president to appoint a board of inquiry to investigate labor disputes in instances in which a strike might endanger the public’s health or safety. Upon receipt of the board’s report, the president could ask the attorney general to seek a federal court injunction to prevent or block any strike action from taking place or continuing. If the court found the strike was endangering the public’s health or safety, it could grant the injunction and order the disputing parties to settle within 60 days. '' 1 (Mineshema-Lowe, Dale(2023.)) President Truman should have followed proper procedure before he exceeded his executive power. He should have let Congress authorize the seize if one was needed that way he had the authority to do so but under the United States Constitution he didn't have the power to so. Article I Section 2 states that the President has the power to make treaties with the consent and advice of the Senate. Until the President gets approval of the legislative their arrangements with other nations is a mere executive agreement. The agreement doesn't become a treaty until the Senate approves it. The executive agreement has no binding force or effect within the United States but the treaty will become part of the Supreme law of the land according to Article VI of the constitution (see Article ISection 2) In a biblical worldview The law of nature has three types of power within the civil government: Legislative, Executive, and Judicial. God designed that man exercise the three types of power according to his law.'' The history of Israel demonstrates both the law of the nature of separation of powers among men, and its wisdom. Moses exercised all three types of civil 1. Taft-Hartley Act of 1947 (1947) Dale Mineshema-Lowe December 15, 2023 https://firstamendment.mtsu.edu/article/taft-hartley-act-of-1947/
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