The Constitution of the United States of America: Analysis and Interpretation Part 86

[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 Const.i.tution, 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 const.i.tutional 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. ---- 301-302, 331, 341.

[38] 343 U.S. 214 (1952).

[39] _See_ pp. 942-944.

[40] 1 Stat. 239.

[41] 3 U.S.C. -- 23.

[42] 3 U.S.C. -- 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 unconst.i.tutional if the act of Congress levying the tax was pa.s.sed during his official term.

[45] The Federalist No. 69, 513, 515.

[46] Story's Commentaries, II, -- 1492.

[47] Fleming _v._ Page, 9 How. 603, 615, 618 (1850).

[48] Ex parte Milligan, 4 Wall. 2, 139 (1866).

[49] 1 Stat. 424 (1795); 2 Stat. 443 (1807). _See also_ Martin _v._ Mott, 12 Wheat. 19, 32-33 (1827), a.s.serting the finality of the President's judgment of the existence of a state of facts requiring his exercise of the powers conferred by the act of 1795.

[50] Messages and Papers of the Presidents, VII, 3221.

[51] 2 Bl. 635 (1863).

[52] Messages and Papers of the Presidents, VII, 3215, 3216, 3481.

[53] 2 Bl. at 668-670.

[54] 12 Stat. 326 (1861).

[55] James G. Randall, Const.i.tutional Problems under Lincoln, 118-139 (New York, 1926).

[56] _See_ the Government's brief in United States _v._ Montgomery Ward and Co., 150 F. 2d 369 (1945).

[57] United States _v._ Curtiss-Wright Export Corp., 299 U.S. 304, 327 (1936).

[58] _See_ White House Digest of Provisions of Law Which Would Become Operative upon Proclamation of a National Emergency by the President.

The Digest is dated December 11, 1950. It was released to the press on December 16th.

[59] 56 Stat. 23.

[60] Cong. Rec. 77th Cong., 2d sess., vol. 88, pt. 5, p. 7044 (September 7, 1942).

[61] 50 U.S.C.A. War, App. 1651. For Emergency War Agencies that were functioning at any particular time, consult the _United States Government Manual_ of the approximate date. The executive order creating an agency is cited by number. For a Chronological List of Wartime Agencies (including government corporations) and some account of their creation down to the close of 1942, _see_ chapter on War Powers and Their Administration by Dean Arthur T. Vanderbilt in 1942 Annual Survey of American Law (New York University School of Law, 1945), pp. 106-231.

At the close of the war there were 29 agencies grouped under OEM, of which OCD, WMC, and OC were the first to fold up. At the same date there were 101 separate government corporations, engaged variously in production, transportation, power-generation, banking and lending, housing, insurance, merchandising, and other lines of business and enjoying the independence of autonomous republics, being subject to neither Congressional nor presidential scrutiny, nor to audit by the General Accounting Office.

[62] 143 F. 2d. 145 (1944).

[63] _See_ Corwin, The President, Office and Powers (3d ed.) 296, 492.

[64] Exec. Order 9066, 7 Fed. Reg. 1407.

[65] 56 Stat. 173.

[66] Hirabayashi _v._ United States, 320 U.S. 81, 91-92 (1943).

[67] Korematsu _v._ United States, 323 U.S. 214 (1944).

[68] New York Times, June 10, 1941.

[69] 7 Fed. Reg. 237.