ng direction. * * * But I have no
illusion that any decision by this Court can keep power in the hands of
Congress if it is not wise and timely in meeting its problems. A crisis
that challenges the President equally, or perhaps primarily, challenges
Congress. If not good law, there was worldly wisdom in the maxim
attributed to Napoleon that 'The tools belong to the man who can use
them.' We may say that power to legislate for emergencies belongs in the
hands of Congress, but only Congress itself can prevent power from
slipping through its fingers."[458]

Justice Burton, referring to the Taft-Hartley Act, says: "* * * the most
significant feature of that Act is its omission of authority to seize,"
citing debate on the measure.[459] "In the case before us, Congress
authorized a procedure which the President declined to follow."[460]
Justice Clark bases his position directly upon Chief Justice Marshall's
opinion in Little _v._ Barreme.[461] He says: "I conclude that where
Congress has laid down specific procedures to deal with the type of
crisis confronting the President, he must follow these procedures in
meeting the crisis; * * * I cannot sustain the seizure in question
because here, as in Little _v._ Barreme, Congress had prescribed methods
to be followed by the President in meeting the emergency at hand."[462]
His reference is to the Taft-Hartley Act. At the same time he endorses
the view, "taught me not only by the decision of Chief Justice Marshall
in Little _v._ Barreme, but also by a score of other pronouncements of
distinguished members of this bench," that "the Constitution does grant
to the President extensive authority in times of grave and imperative
national emergency."[463]

Dissenting Opinion

Chief Justice Vinson launched his opinion of dissent, for himself and
Justices Reed and Minton, with a survey of the elements of the emergency
which confronted the President: the Korean war; the obligations of the
United States under the United Nations Charter and the Atlantic Pact;
the appropriations acts by which Congress has voted vast sums to be
expended in our defense and that of our Allies in Europe; the fact that
steel is a basic constituent of war materiel. He reproaches the Court
for giving no consideration to these things, although no one had
ventured to challenge the President's finding of an emergency on the
basis of them.[464] He asks whether the steel seizure, considering the
emergency involved, fit