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Politics : Formerly About Advanced Micro Devices

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To: Road Walker who wrote (266149)12/27/2005 12:25:49 PM
From: combjelly  Read Replies (1) of 1579448
 
"The inevitable parallels have already been drawn between the "war on terror" and other conflicts - World War I, World War II, the Civil War -"

One parallel that hasn't been drawn is with the Korean War. One possible reason for that is " YOUNGSTOWN CO. v. SAWYER, 343 U.S. 579 (1952)".

caselaw.lp.findlaw.com

The essence of the case is that there was a call for a nationwide strike of the steel mills during the early Korean War. Truman wanted to avert the strike by seizing the steel mills and operating them under military control because a strike would adversely affect the fighting of the war. Truman felt he had the right to do this because similar things were done during WWII. So he asked Congress for the authority to do that, and they gave him some additional powers, but declined to give him that power in particular. So he went to the Supreme Court. In summary, the Court said that the President has wide ranging powers, but when Congress says he can't do something, he can't do that thing unless the law is overturned. He cannot just say they law no longer applies and do what he wants to do.
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