Executive Orders - Part 4/7

So, what has the Supreme Court done about executive orders? What has Congress done to limit the power of the President? There is a little.

On April 8, 1952, President Harry S. Truman's, with Executive Order 10340, ordered Secretary of Commerce Charles Sawyer to "take possession of and operate the plants and facilities of certain steel companies." As the U.S. was in the middle of the Korean War, steel demand was high. Coupled with the unions threatening to go on strike and Congress unwilling to step in, Truman issued E.O. 10340 to seize the steel companies and prevent a work stoppage.

Making it's way through the courts in rapid succession, the case found it's way to the Supreme Court, beginning oral arguments on May 12th, 1952. Taking less than a month in testimonies and deliberations, the case was decided on June 2, 1952 by a 6-3 vote. Writing the majority opinion, Justice Hugo Black said that held that "the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress."

The Executive Order was ruled invalid, as it attempted to make law and enact policies without the explicit permission of Congress. In fact, it was in defiance of Congress, as "In its consideration of the Taft-Hartley Act in 1947, Congress refused to authorize governmental seizures of property as a method of preventing work stoppages and settling labor disputes." Since then, Presidents have been clear to state under what authority they're acting.

(Note: there is so much more to this case and the details before and after. To read more, read the Wikipedia article, or the case information at FindLaw.