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US Federal Constitution QUESTION #5834
Question 1
The President orders the Secretary of Commerce to take over all domestic steel mills to ensure production during a national labor strike, citing his powers as Commander in Chief. Congress has not authorized this action. Is the order valid?
  • Yes, because the President has inherent 'emergency powers' to protect the economy.
  • Yes, because the President is the Commander in Chief and steel is necessary for defense.
  • No, because the President’s power is at its 'lowest ebb' when acting against the implied or express will of Congress.✔️
  • No, because the 5th Amendment prohibits the taking of private property without just compensation.
Correct Answer Explanation
In Youngstown Sheet & Tube Co. v. Sawyer, the Court held that the President cannot use his Commander in Chief powers to seize domestic private property during a labor dispute without congressional authorization.