or in consequence of, his granted
powers to deal with emergencies in the absence of restrictive
legislation is explicitly asserted by Justice Clark, and impliedly held,
with certain qualifications, by Justice Frankfurter and, again less
clearly, by Justice Jackson; and is the essence of the position of the
three dissenting Justices. Finally, the entire Court would in all
probability agree to the proposition that any action of the President
touching the internal economy of the country for which the justification
of emergency is pleaded is always subject to revision and disallowance
by the legislative power. It would seem to follow that whenever the
President so acts on his own initiative he should at once report his
action to Congress, and thenceforth bring the full powers of his office
to the support of the desires of the Houses once these are clearly
indicated.

PRESIDENTIAL IMMUNITY FROM JUDICIAL DIRECTION

By the decision of the Court in State of Mississippi _v._ Johnson,[467]
in 1867, the President was put beyond the reach of judicial direction in
the exercise of any of his powers, whether constitutional or statutory,
political or otherwise. An application for an injunction to forbid
President Johnson to enforce the Reconstruction Acts, on the ground of
their unconstitutionality, was answered by Attorney General Stanbery as
follows: "It is not upon any peculiar immunity that the individual has
who happens to be President; upon any idea that he cannot do wrong; upon
any idea that there is any particular sanctity belonging to him as an
individual, as is the case with one who has royal blood in his veins;
but it is on account of the office that he holds that I say the
President of the United States is above the process of any court or the
jurisdiction of any court to bring him to account as President. There is
only one court or _quasi_ court that he can be called upon to answer to
for any dereliction of duty, for doing anything that is contrary to law
or failing to do anything which is according to law, and that is not
this tribunal but one that sits in another chamber of this
Capitol."[468] Speaking by Chief Justice Chase, the Court agreed: "The
Congress is the legislative department of the government; the President
is the executive department. Neither can be restrained in its action by
the judicial department; though the acts of both, when performed, are,
in proper cases, subject to its cognizance. The impropriety