HKB
[13] Ibid. 327, citing Panama Refining Co. v. Ryan, 293 U.S. 388, 421-422 (1935).
[14] In Youngstown Co. v. Sawyer, 343 U.S. 579 (1952) the doctrine is advanced that the President has no power in the field of Congress' legislative powers except such as are delegated him by Congress. This doctrine is considered below in the light of previous practice and adjudication. See pp. 489-499.
[15] See e.g., Abel Upshur, A Brief Inquiry Into the True Nature and Character of Our Federal Government (1840), 116-117.
[16] The Federalist No. 67, 503.
[17] James Hart, The American Presidency in Action (New York, 1918), 28-43.
[18] 2 Dall. 400 (1790).
[19] Messages and Papers of the Presidents, I, 56.
[20] Corwin, The President, Office and Powers (3d ed.), 377-378, 434-435, 446, 465, 484. "The executive [branch of the government], possessing the rights of self-government from nature, cannot be controlled in the exercise of them but by a law, passed in the forms of the Constitution." Thomas Jefferson, Official Opinion (1790) 5 Ford, ed. 209 (New York, 1892-1899). "In times of peace the people look most to their representatives; but in war, to the Executive solely." Letter to Caesar A. Rodney, (1810) Monticello, 9 Ford, ed. 272.
[21] Corwin 20-21, and citations.
[22] Ibid. 21-22, and citations.
[23] Ibid. 22-24.
[24] Ibid. 386. See also ibid. 281.
[25] Ford, The Rise and Growth of American Politics (New York, 1914), 293.
[26] As to the meaning of "the fourth day of March", see Charles Warren, Political Practice and the Constitution, 89 Univ. of Pa. L. Rev. (June, 1941) 1003-1025.
[27] On the anti-third term tradition, see Corwin, The President, Office and Powers (3d ed.), 43-49, 388-392.
[28] McPherson v. Blacker, 146 U.S. 1, 27 (1892).
[29] Ibid. 28-29.
[30] Max Farrand, II, 97.
[31] In re Green, 134 U.S. 377, 379-380 (1890).
[32] United States v. Hartwell, 6 Wall. 385, 393 (1868).
[33] Hawke v. Smith, 253 U.S. 221 (1920).
[34] Burroughs v. United States, 290 U.S. 534, 545 (1934).
[35] Ex parte Yarbrough, 110 U.S. 651 (1884).
[36] Burroughs v. United States, 290 U.S. 534 (1934).
[37] Ibid. 546. During the recent war, Congress laid claim in the act of September 16, 1942, to the power "in time of war" to secure to every member of the armed forces the right to vote for Members of Congress and Presidential Electors notwithstanding any provisions of State law relating to the registration of qualified voters or any poll tax requirement under State law. The constitutional validity of this act was open to serious question and by the act of April 1, 1944 was abandoned. The latter act established a War Ballot Commission which was directed to prepare an adequate number of official war ballots, whereby the service men would be enabled in certain contingencies to vote for Members of Congress and Presidential Electors; but the validity of such ballots was left to be determined by State election officials under State laws. 50 (App.) U.S.C.A. Sec. 301-302, 331, 341.
[38] 343 U.S. 214 (1952).
[39] See pp. 942-944.
[40] 1 Stat. 239.
[41] 3 U.S.C. Sec. 23.
[42] 3 U.S.C. Sec. 21.
[43] Public Law 199, 80th Cong., 1st sess. By section 202 (a) of Public Law 253 of the 80th Cong., 1st sess., approved July 26, 1947, that is, eight days after Public Law 199, the "Secretary of War" and the "Secretary of the Navy" were stricken from the line of succession and the "Secretary of Defense" whose office Public Law 253 created, was inserted instead.
[44] Cf. 13 Op. Atty. Gen. 161 (1869), holding that a specific tax by the United States upon the salary of an officer, to be deducted from the amount which otherwise would by law be payable as such salary, is a diminution of the compensation to be paid to him, which, in the case of the President of the United States, would be unconstitutional if the act of Congress levying the tax was passed during his official term.
[45] The Federalist No. 69, 513, 515.
[46] Story's Commentaries, II, Sec. 1492.