Cole v. Young, 351 U.S. 536 (1956)

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Author: Justice Harlan

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Cole v. Young, 351 U.S. 536 (1956)

* The majority excuses its failure to pass on this question by saying that no contention was made that the President’s Order might be sustained under his executive powers. We cannot agree. The Government specifically asserted that,

if Congress had meant to prohibit the President from acting in this respect under [the Act], a serious question as to the validity of that enactment would arise.

It devoted eight pages of its brief to this point. Furthermore, the Court of Appeals noted that, if it "thought the President’s Order inconsistent with the act of the Congress, [it] would have to decide the constitutional question thus presented."

As further justification, the majority contends that the President acted here only under the directions of the Act. In answer, we need quote only the enacting clause of the President’s Order:

Now, Therefore, by virtue of the authority vested in me by the Constitution and statutes of the United States . . . and as President of the United States.

Executive Order No. 10450, 18 Fed.Reg. 2489. In issuing the Order, the President invoked all of his powers, and since his Order is voided by the majority as not being in conformity with the Act, the question of the scope of his other constitutional or statutory powers is presented.

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Chicago: Harlan, "Clark, J., Dissenting (Footnotes)," Cole v. Young, 351 U.S. 536 (1956) in (Washington D.C.: U.S. Supreme Court, 2001), Original Sources, accessed April 25, 2018, http://www.originalsources.com/Document.aspx?DocID=D1E3XN3KPBFEGV4.

MLA: Harlan. "Clark, J., Dissenting (Footnotes)." Cole v. Young, 351 U.S. 536 (1956), in , Vol. 351, Washington D.C., U.S. Supreme Court, 2001, Original Sources. 25 Apr. 2018. www.originalsources.com/Document.aspx?DocID=D1E3XN3KPBFEGV4.

Harvard: Harlan, 'Clark, J., Dissenting (Footnotes)' in Cole v. Young, 351 U.S. 536 (1956). cited in 2001, , U.S. Supreme Court, Washington D.C.. Original Sources, retrieved 25 April 2018, from http://www.originalsources.com/Document.aspx?DocID=D1E3XN3KPBFEGV4.