Episode 89: A Deep Dive into the Steel Seizure Case (Youngstown Sheet & Tube v. Sawyer)

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 4 September 2018

⏱️ 73 minutes

🔗️ Recording | iTunes | RSS

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Summary

And we are back...with a second-consecutive deep-dive episode. This week, Professors Chesney and Vladeck explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the "Steel Seizure Case." It's an all-time classic regarding the separation of powers in general and war-related powers in particular (not to mention constitutional interpretive method, theories of emergency power, and more). In this deep dive, we: place the ruling in factual and historical context trace the doctrinal threads across the many separate opinions (and, yes, we'll use the phrase "tripartite framework"...talk about an old chestnut!) explore what the Court did and did not actually settle, and what sort of shadow the case has cast over time identify the impact of key subsequent rulings (including Dames & Moore v. Regan and Hamdan v. Rumsfeld). Like last week, bear in mind that this episode was pre-recorded in August (in this case, on Thursday August 23). We'll be back with regular "current" shows the week after Labor Day!

Transcript

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0:00.0	Hello from Austin and welcome to episode 89 of the National Security Law podcast brought to you by the Strauss Center at the University of Texas.
0:17.4	It's April 8, 1952.
0:30.6	My fellow Americans, tonight, our country faces a grave danger. We are faced by the possibility that at midnight tonight, the steel industry will be shut down.
0:39.1	This must not happen.
0:42.4	Steel is our key industry.
0:44.9	It is vital to the defense effort.
0:48.1	It is vital to peace.
0:50.7	We do not have a stockpile of the kinds of steel we need for defense.
0:56.0	Steel is flowing directly to the plants that make it into defense production.
1:02.0	If steel production stops, we will have to stop making the shells and bombs that are going directly to our soldiers at the front in Korea.
1:13.6	If steel production stops, we will have to cut down and delay the atomic energy program.
1:21.6	If steel production stops, it won't be long before we have to stop making engines for the Air Force planes.
1:30.3	These would be the immediate effects if the steel mills close down.
1:36.3	A prolonged shutdown will bring defense production to a halt
1:41.3	and throw our domestic economy into chaos.
1:45.0	These are not normal times.
1:49.0	These are times of crisis.
1:51.0	We've been working and fighting to prevent the outbreak of World War.
1:56.0	So far we have succeeded.
1:59.0	The most important element in this successful struggle has been our defense
2:03.8	program. If that is stopped, the situation can change overnight. Of course, it's not actually
2:12.3	1952. It's Thursday, August 23rd. I'm Bobby Chesney.
	...

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