Emergencies and the Constitution: Retroactive Ratification


June 27, 2022

The Supreme Court’s rejection in the Steel Seizure Case of President Harry Truman’s assertion of an inherent executive power to seize the steel mills to thwart a nationwide strike, generated questions about the location in the Constitution of authority to confront emergencies.

The framers of the Constitution were entitled to believe that they had succeeded in subordinating the executive to...

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