LAW 615 Lecture Notes - Lecture 26: President Of The United States, Overton Park, Plurality Opinion
30 May 2020
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Supervisory powers, steel seizure case (1953, facts: truman orders secretary of commerce to seize nation"s steel mills because he was worked about an impending strike. Mill owners sue, claiming that truman lacked power to issue seizure order. Truman didn"t act pursuant to a congressional statute, and there was no constitutional provision giving him seizure powers. Truman argues that the power to seize is inherent in article ii authority as chief executive and commander in chief: reasoning: holds for mil owners. Truman didn"t act pursuant to two existing statutes permitting potus to seize private property. Adjudication: agency authority to adjudicate, formal adjudications look a lot like judicial proceedings. An in-person hearing before an alj with cross-examination of witnesses, preceded by discovery and briefings: informal adjudications look nothing like judicial proceedings. Article iii does not require that cases involving public rights (rights individuals have against the government) be decided by article iii courts. Congress can assign them to article i courts.
