d also a summary of seizures of industrial plants
and facilities by Presidents without definite statutory warrant.
Eighteen such statutes are listed, all but the first of which were
enacted between 1916 and 1951. Of presidential seizures unsupported by
reference to specific statutory authorization, he lists eight as
occurring during World War I. To justify these it was deemed sufficient
to refer to "the Constitution and laws" generally. For the World War II
period he lists eleven seizures in justification of which no statutory
authority was cited. The first of these was the seizure of the North
American Aviation, Inc., of Englewood, California. In support of this
action Attorney General Jackson, as Chief Justice Vinson points out in
his dissenting opinion, "vigorously proclaimed that the President had
the moral duty to keep this nation's defense effort a 'going
concern.'"[438] Said the then Attorney General, "The Presidential
proclamation rests upon the aggregate of the Presidential powers derived
from the Constitution itself and from statutes enacted by the Congress.
The Constitution lays upon the President the duty 'to take care that the
laws be faithfully executed.' Among the laws which he is required to
find means to execute are those which direct him to equip an enlarged
army, to provide for a strengthened navy, to protect Government
property, to protect those who are engaged in carrying out the business
of the Government, and to carry out the provisions of the Lend-Lease
Act. For the faithful execution of such laws the President has back of
him not only each general law-enforcement power conferred by the various
acts of Congress but the aggregate of all such laws plus that wide
discretion as to method vested in him by the Constitution for the
purpose of executing the laws."[439] In the War Labor Disputes Act of
June 25, 1943,[440] such seizures were put on a statutory basis. As the
Chief Justice points out, the purpose of this measure, as stated by its
sponsor, was not to augment presidential power but to "let the country
know that the Congress is squarely behind the President."[441]

In United States _v._ Pewee Coal Company, Inc.[442] the Court had before
it the claim of a coal mine operator whose property was seized by the
President without statutory authorization, "to avert a nation-wide
strike of miners." The company brought an action in the Court of Claims
to recover under the Fifth Amendment for the total ope