94-597: Youngstown Sheet & Tube Co. v. Sawyer , 343 U.S. 579 (1952), also commonly referred to as the Steel Seizure Case or the Youngstown Steel case , was a landmark United States Supreme Court decision that limited the power of the president of the United States to seize private property. The case served as a check on the most far-reaching claims of executive power at the time and signaled
188-750: A Mexican citizen, who had tortured and raped two teenage girls in 1993, by arguing that a 2004 decision by the International Court of Justice (ICJ) required law enforcement authorities to tell the accused of his right under the Vienna Convention to notify Mexican diplomats of his detention. In a 6–3 decision, the Court held that ICJ rulings were not enforceable in the United States and that Bush's actions were unconstitutional. Quoting Youngstown Sheet & Tube Chief Justice John Roberts concluded, "The president's authority to act, as with
282-575: A 5 to 4 decision ( Kennedy v. Louisiana ). Writing for The New York Times , Adam Liptak said that Goldberg's dissent helped "create the modern movement for the abolition of the death penalty." Goldberg also wrote the majority opinions in Escobedo v. Illinois , which provided criminal defendants the right to counsel during interrogation under the Sixth Amendment and Kennedy v. Mendoza-Martinez , which declared unconstitutional parts of
376-458: A 700,000 vote margin of victory for the incumbent Republican. At one point in the campaign, Goldberg told a voter, who commented that he wished he was still on the Court "so do I, sometimes." Basil Paterson was his running mate as Lt. Governor. His son David later became Governor in 2008. After his defeat, Goldberg returned to law practice in Washington, D.C., and served as President of
470-832: A Taft–Hartley injunction against it; Arthur Goldberg , General Counsel for the Steelworkers and the Congress of Industrial Organizations (CIO), argued that the President had the inherent power to seize the plants as well as the statutory authority under the Selective Service Act and the Defense Production Act . The steel industry, on the other hand, appears to have been taken by surprise, as it had apparently assumed, until shortly before Truman made his April 8, 1952 announcement, that he would take
564-533: A broad impact by representing a check on the most extreme claims of executive power at the time and the Court's assertion of its own role in intervening in political questions. The Court later did so in Baker v. Carr (1962) and Powell v. McCormack (1969) and also applied the Frankfurter-Jackson approach to analyzing Congress' legislative authorization of presidential action in invalidating efforts by
658-523: A career Foreign Service Office who was able to help Goldberg navigate the intricacies of United Nations procedures, and foreign affairs debates in the Security Council. While serving as UN Ambassador, Goldberg was successful at brokering peace between Greece and Turkey during the Cyprus crisis of 1967 and helped diplomatically resolve a conflict between North Korea and the United States following
752-672: A construction worker, took night courses at Crane Junior College of the City Colleges of Chicago and DePaul University . He later earned a B.S.L. ( magna cum laude ; 1929) and J.D. (1930) degrees from Northwestern University . Goldberg served as the Editor of the Illinois Law Review (now known as the Northwestern Law Review ) and helped Law Dean John Henry Wigmore write his third edition of
846-533: A distaste for the Act, which had been passed over Truman's own veto five years earlier and because the administration saw the industry, rather than the union, as the cause of the crisis. The administration also rejected use of the statutory procedure provided under Section 18 of the Selective Service Act , which might have permitted seizure of the industry's steel plants on the ground that compliance with
940-565: A few years later due to the NLG's growing association with the American Communist Party. Goldberg became a prominent labor lawyer and represented striking Chicago newspaper workers on behalf of the Congress of Industrial Organizations (CIO) in 1938. The strike went on for eight months and Goldberg spent almost everyday in court arguing on the worker's behalf. Eventually, the strike persuaded William Randolph Hearst to recognize
1034-573: A labor advisor to Kennedy's campaign and was influential in getting unions to back Kennedy. President John F. Kennedy nominated Goldberg to be United States Secretary of Labor , where he served from 1961 to 1962. He was the third Jew to be named to a Cabinet position. Goldberg wanted to be named Attorney General , so he would improve his chances of getting nominated to the Supreme Court, but that spot went to Kennedy's brother Robert . As Labor Secretary, Goldberg encouraged Kennedy to increase
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#17327724400591128-402: A labor dispute without express legislative authorization. He hedged, however, on whether the President might, in more extreme circumstances, have the authority to act. Justice Clark , who had been Truman's Attorney General for four years before Truman appointed him to the Court, rejected the absolute approach of Black and Douglas and concluded that the President had some inherent power to act in
1222-585: A rockier argument, as the Justices pressed him with questions on many of the points he made. Justice Jackson took pains to distinguish the facts concerning the seizure of the North American Aviation Company in 1941, which he had overseen as Attorney General at the time. Justice Douglas commented that if Perlman were correct as to the scope of the President's powers, there was no need for Congress. When Perlman attempted to close on
1316-496: A rousing note, reminding the Justices that it was during wartime, Justices Jackson and Frankfurter immediately contradicted him by noting that Congress had not declared war. Goldberg, speaking for the Steelworkers, addressed whether the Taft–Hartley Act would have allowed for injunctive relief in those circumstances. The attorneys for the railroad brotherhoods, which were parties to a similar action coming up for review, addressed
1410-594: A solution that was other than the ones that Congress had allowed. Chief Justice Vinson dissented, joined by Justices Reed and Minton . His opinion dealt at some length with the history of presidential seizures. In the oral presentation of his opinion, he went out of his way to make a sarcastic reference to the contrary positions that Jackson and Clark had taken when they were the Attorneys General for Franklin Roosevelt and Truman, respectively. Rejecting
1504-477: A stay. In the meantime, the White House convened a meeting between the Steelworkers and the major steel companies on May 3. The talks made rapid progress and might have produced an agreement, but the announcement that the Supreme Court had granted certiorari and issued a stay that allowed the government to maintain possession of the steel mills but, coupled with an order barring any increase in wages during
1598-476: A threatened strike against all major steel producers by the United Steel Workers of America when the steel industry rejected the board's proposed wage increases unless they were allowed greater price increases than the government was prepared to approve. The Truman administration believed a strike of any length would cause severe dislocations for defense contractors and the domestic economy as
1692-435: A tripartite framework of presidential power that would prove influential among legal scholars and others charged with assessing executive power. In his dissent, Chief Justice Fred Vinson argued that the president's action was necessary to preserve the status quo so that Congress could act in the future. Truman was stunned by the decision, but he immediately restored control of the steel mills to their owners. The United States
1786-424: A weak case. The evidence of an actual emergency was tenuous because of the substantial stockpiles of steel products in many sectors of the economy, the administration's case was made even weaker by overstating its position and offering incoherent arguments in the early phases of the litigation, which turned public opinion against it, and framed the public debate in the most simplistic terms. The decision still has had
1880-514: A whole. Unable to mediate the differences between the union and the industry, Truman decided to seize production facilities while he kept the current operating management of the companies in place to run the plants under federal direction. Rather than seizing the plants, Truman might have invoked the national emergency provisions of the Taft–Hartley Act to prevent the union from striking. The administration rejected that option, however, both from
1974-619: The American Jewish Committee . In 1972, Goldberg returned to the Supreme Court as a lawyer, representing Curt Flood in Flood v. Kuhn . His oral argument was referred to by one observer as "one of the worst arguments I'd ever heard – by one of the smartest men I've ever known..." Under President Jimmy Carter , Goldberg served as United States Ambassador to the Belgrade Conference on Human Rights in 1977, and
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#17327724400592068-581: The Congress of Industrial Organizations . During World War II , he served in the Office of Strategic Services , organizing European resistance to Nazi Germany . In 1961, President John F. Kennedy appointed Goldberg as the Secretary of Labor. During Vietnam , he served in the Air Force Reserve . In 1962, Kennedy successfully nominated Goldberg to the Supreme Court to fill a vacancy created by
2162-457: The Hull House , which aimed to educate recent European immigrants. He graduated from Harrison Technical High School at the age of 16. Goldberg's interest in the law was sparked by the noted murder trial in 1924 of Leopold and Loeb , two wealthy young Chicagoans who were spared the death penalty with the help of their high-powered defense attorney, Clarence Darrow . Goldberg attended
2256-570: The Nixon administration to plant wiretaps without prior judicial approval, and it cited the case more generally in support of its decision to permit litigation against the president to proceed in Clinton v. Jones (1997). The Supreme Court also relied on Youngstown in Medellín v. Texas (2008), in which President George W. Bush had pressured the state of Texas to review the murder conviction of
2350-529: The Supreme Court . United States courts of appeals may also make such decisions, particularly if the Supreme Court chooses not to review the case. Although many cases from state supreme courts are significant in developing the law of that state, only a few are so revolutionary that they announce standards that many other state courts then choose to follow. Arthur Goldberg Arthur Joseph Goldberg (August 8, 1908 – January 19, 1990)
2444-400: The U.S. Supreme Court , to succeed Felix Frankfurter , who was retiring. Earlier that same year, Kennedy had considered nominating Goldberg to succeed Charles Whittaker , but chose Byron White instead. Frankfurter and Chief Justice Earl Warren were consulted by the President beforehand and both gave their full support. He was confirmed by the U.S. Senate on September 25, and served on
2538-535: The Vietnam War , Goldberg commissioned as a colonel in the Air Force Reserve but resigned in 1964 to avoid any appearance of conflict of interest after his appointment to the U.S. Supreme Court. Due to antisemitism, Goldberg was unable to work in Chicago's big law firms because they would not hire Jews. Instead, he started his legal career at Pritzger & Pritzger, a firm founded by German Jews. However, he
2632-433: The "familiar tripartite scheme" above has since been called "the accepted framework for evaluating executive action" by the Supreme Court. Burton likewise concluded that Congress, not the President, had the power to act in emergencies by having the exclusive power to pass legislation. He relied on the language and legislative history of the Taft–Hartley Act to find that Congress had not authorized seizure of plants involved in
2726-497: The 1968 Pueblo incident . In 1967, Goldberg was a key drafter of Resolution 242 , which followed the 1967 Six-Day War between Israel and the Arab states . While interpretation of that resolution has subsequently become controversial, Goldberg was very clear that the resolution does not obligate Israel to withdraw from all of the captured territories. He stated that: The notable omissions in language used to refer to withdrawal are
2820-545: The 2006 decision Hamdan v. Rumsfeld . List of landmark court decisions in the United States The following landmark court decisions in the United States contains landmark court decisions which changed the interpretation of existing law in the United States . Such a decision may settle the law in more than one way: In the United States, landmark court decisions come most frequently from
2914-477: The Constitution imposed on his power to respond in a national emergency. Two days later, Judge Pine issued an injunction, barring the government from continuing to hold the steel plants that it had seized. The Steelworkers began their strike within minutes of the announcement of the injunction. The government promptly appealed. It first, however, formally requested for Judge Pine to stay his order and permit
Youngstown Sheet & Tube Co. v. Sawyer - Misplaced Pages Continue
3008-476: The Constitution's provision that allowed the President to recommend legislation, rather than make it himself, as "the messenger-boy concept of the Office". Within minutes of the Court's ruling, Truman ordered Commerce Secretary Charles Sawyer to return the steel mills to their owners; he did so immediately. The Steelworkers went out on strike again shortly thereafter. The strike lasted for more than 50 days until
3102-591: The Court asked if the government took the position that "when the sovereign people adopted the Constitution ;... it limited the powers of the Congress and limited the powers of the judiciary, but it did not limit the powers of the Executive", he assured Judge Pine that to be the case. He was, however, unable to name any cases that had held that the President had that power. His presentation committed
3196-475: The Court from October 1, 1962, until July 25, 1965. Only one Senator, Strom Thurmond from South Carolina, opposed his nomination. During his tenure, the seat Goldberg occupied on the Court came to be informally known as the " Jewish seat ", as his two immediate predecessors—Frankfurter and Benjamin Cardozo before him—were also Jewish. As of 2022 , Goldberg is the last Cabinet official to have also served on
3290-588: The Court would avoid the constitutional question, but others stressed the background that all of the Justices had in the New Deal and Fair Deal , when the powers of the Presidency had expanded greatly, and the past support of Justices such as Black , Reed , Frankfurter, and Douglas for the expansive application of the President's war powers. As it turns out, most of those predictions were wrong. While Justice Burton harbored fears at one point that he might be
3384-406: The Court's denial of certiorari in a case, Rudolph v. Alabama , involving the imposition of the death penalty for rape, in which Goldberg cited the fact that only five nations responding to a UN survey indicated that they allowed imposition of the death penalty for rape, including the U.S., and that 33 states in the U.S. had outlawed the practice. Goldberg's dissent sent a signal to lawyers across
3478-486: The Court's increased willingness to intervene in political questions . In the midst of the Korean War , the United Steel Workers of America threatened a strike —for higher wages—against the major steel producers in the United States. As President Harry S. Truman believed that a strike of any length would cause severe dislocations for defense contractors, Truman seized control of steel production facilities, keeping
3572-483: The Immigration and Nationality Act of 1952 that revoked citizenship for those that had fled the country in order to dodge the draft. Despite Goldberg's short tenure on the court, a number of his law clerks have gone on to become deeply influential. Stephen Breyer later became an Associate Justice of the Supreme Court and he held Goldberg's seat on the Court from 1994 until 2022. Another of Goldberg's law clerks
3666-934: The Labor Desk, an autonomous division of the American intelligence agency that was charged with the task of cultivating contacts and networks within the European underground labor movement during World War II. The Jewish Telegraphic Agency stated, "Goldberg's file notes that as both a civilian and a member of the Army, he supervised a section in the Secret Intelligence Branch of OSS to maintain contact with labor groups and organizations regarded as potential resistance elements in enemy-occupied and enemy countries. He organized anti-Nazi European transportation workers into an extensive intelligence network." During
3760-789: The National Citizens Political Action Committee and the CIO Political Action Committee. He supported the presidential campaigns of Franklin D. Roosevelt and Harry Truman . Goldberg initially supported Senator Joseph McCarthy's efforts to investigate communism in the United States, but soon opposed those efforts after it became clear they threatened the organized labor movement. In 1960, Goldberg wanted his friend Adlai Stevenson to run for president, but Stevenson encouraged Goldberg to back Hubert Humphrey . Instead, Goldberg backed Senator John F. Kennedy . Goldberg served as
3854-439: The President had no power to act except in those cases that are expressly or implicitly authorized by the Constitution or an Act of Congress. Black wrote that the President's role in law-making is solely to recommend or veto laws. He cannot overtake Congress's role to create new laws. Douglas took a similarly-absolutist approach to the President's assertion of inherent power to cope with a national emergency. Frankfurter avoided
Youngstown Sheet & Tube Co. v. Sawyer - Misplaced Pages Continue
3948-494: The President the power to seek an injunction against strikes that might affect the national economy instead. It denied that the President had any power to seize private property without express legislative authorization and noted that Truman himself had asked for such legislative authority when the United Mine Workers of America went out on strike in 1950. The Court set aside five hours for oral argument and allowed
4042-408: The President threatened to use the somewhat-cumbersome procedures under the Selective Service Act to seize the mills. Truman was stunned by the decision, which he continued to attack years later in his Memoirs . Justice Black was concerned enough that Truman would take the decision personally that he invited Truman and his fellow Justices to a party at his home. Truman, still smarting from the defeat,
4136-404: The President's inherent powers. Davis then gave his rebuttal by using only a few minutes of the hour that he had reserved. Even despite the Court's evident lack of sympathy for the broad claims of inherent power made by the government, Truman and many other observers expected the Court to uphold his authority to act in the absence of express statutory authorization. Many commentators predicted that
4230-417: The President's speech to ask for the issuance of a temporary restraining order . Judge Bastian scheduled a hearing for 11:30 the next day to hear arguments on the motion. Because hearings on emergency motions came before a randomly-chosen judge, the hearing the next day was before Judge Alexander Holtzoff , a Truman appointee. Judge Holtzoff denied the motion on the ground that the balance of equities favored
4324-652: The Revolutionary War and the War of 1812 to Abraham Lincoln 's Emancipation Proclamation and seizure of telegraph and railroad lines to the government's seizure of industrial properties in the First and the Second World Wars . The steel industry's brief focused instead on the lack of statutory authority for this seizure and emphasized Congress's decision, when it had enacted the Taft–Hartley Act, to give
4418-691: The Russians... very effectively... He's got a bulldog face on him, and I think this Jew thing would take The New York Times -- all this crowd that gives me hell all the time-- and disarm them. And still have a Johnson man. I've always thought that Goldberg was the ablest man in Kennedy's Cabinet, and he was the best man to us.... Goldberg sold bananas, you know.... He's kind of like I am... He's shined some shoes in his day and he's sold newspapers, and he's had to slug it out... Goldberg chose to retain only one of Stevenson's aides, US Ambassador Charles W. Yost ,
4512-511: The Steelworkers and the railroad unions to speak as amicus curiae . Before an overflow crowd, John W. Davis argued for the steel companies that the President had no powers to make laws or, more particularly, to seize property without Congressional authorization. He explained away his own actions when he had defended the government's seizure of property while he had been US Solicitor General in Woodrow Wilson 's administration and urged
4606-429: The Supreme Court. Despite his short time on the bench, Goldberg played a significant role in the Court's jurisprudence . Replacing Justice Felix Frankfurter, who was a center-right Justice, Goldberg's liberal views on constitutional questions shifted the Court's balance toward a broader construction of constitutional rights. A self-described judicial activist, Goldberg voted for a liberal outcome in 89% of cases before
4700-632: The Supreme Court]." Time reported in 1962 that Johnson knew that for a party thrown in Johnson's honor that year, a Goldberg aide, Jerry Holleman, solicited contributions from wealthy supporters of Johnson, including Billy Sol Estes . Holleman accepted responsibility and there was no public awareness of Goldberg and Johnson's involvement. Johnson said of the Goldberg decision in his later-released audio tapes: Goldberg would be able to answer
4794-456: The Truman administration to an absolutist version of presidential power that went beyond the administration's own position. Truman's supporters in Congress first distanced themselves from the argument and then spread the message that Truman disavowed it as well. Finally, Truman issued a statement responding to a constituent's letter in which he acknowledged in very general terms the limitations that
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#17327724400594888-640: The UN ambassador during the Six-Day War may have been the reason why Sirhan Sirhan , the assassin of Robert F. Kennedy , also wanted to assassinate Goldberg. Frustrated with the war in Vietnam, Goldberg resigned from the ambassadorship in 1968 and accepted a senior partnership with the New York law firm Paul, Weiss, Rifkind, Wharton & Garrison . Longing to return to the bench, Goldberg later claimed that he
4982-537: The War in Vietnam march. With the prospect of a return to the Supreme Court closed to him by the election of Richard Nixon , Goldberg contemplated a run for elected office. Initially considering a challenge to Charles Goodell 's reelection to the United States Senate, he decided to run against New York Governor Nelson Rockefeller in 1970 . Though the former justice initially polled well, his campaign
5076-546: The absence of a formal declaration of war. Jackson's opinion took a similarly flexible approach to the issue by eschewing any fixed boundaries between the powers of Congress and the President. His framework would influence future Supreme Court cases on the president's powers and the relation between Congress and the presidency. He divided Presidential authority towards Congress into three categories (in descending order of legitimacy): Supreme Court Justice Amy Coney Barrett noted during her Supreme Court confirmation hearings that
5170-610: The base of all America's civil and political institutions. Perhaps Goldberg's most influential move on the Court involved the death penalty. Goldberg argued in a 1963 internal Supreme Court memorandum that imposition of the death penalty was condemned by the international community and should be regarded as " cruel and unusual punishment ," in contravention of the Eighth Amendment . Finding support in this position from two other justices ( William J. Brennan and William O. Douglas ), Goldberg published an opinion dissenting from
5264-423: The case of grave and imperative national emergencies. Clark refused, however, to define the boundaries of that power; in his view, the fact that Congress had provided in the Taft–Hartley Act, the Selective Service Act, and the Defense Production Act for procedures that the executive could have used ended the discussion by barring the President from relying on any inherent powers that he might otherwise have to choose
5358-507: The country on the ground of the capricious imposition of the penalty. That decision would be revisited in Gregg v. Georgia (1976), where the justices voted to allow the death penalty under some circumstances; the death penalty for rape of an adult female victim, however, would be struck down in Coker v. Georgia (1977). In 2008, the death penalty for rape of children was ruled unconstitutional by
5452-507: The court. His best-known opinion came in the concurrence of Griswold v. Connecticut (1965), arguing that the Ninth Amendment supported the existence of an unenumerated right of privacy . He argued that to determine if a right is a fundamental right, the court should look to whether the right involved is of such a character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at
5546-421: The court. If any of his Great Society reforms were going to be deemed unconstitutional by the Court, he thought that Fortas would notify him in advance. Goldberg, who had declined an earlier offer to leave his position to be Secretary of Health, Education and Welfare , took Johnson's offer of the UN ambassadorship when Johnson discussed it with him on Air Force One to Illinois for Stevenson's funeral. Goldberg
5640-399: The current operating management of the companies in place to run the plants under federal direction. Though the steelworkers supported the move, the steel companies launched a legal challenge to the seizure on the grounds that the president lacked the power to seize private property without express authorization from Congress . In his majority opinion, Associate Justice Hugo Black held that
5734-461: The exercise of any governmental power, 'must stem either from an act of Congress or from the Constitution itself'." However, the Court drew back from some of the implications of its decision by refusing to rely on Youngstown as authority to review the failed challenges brought against the war in Vietnam and deferring to the executive branch's authority over foreign policy in cases such as Zemel v. Rusk (1965). The Court also cited Youngstown in
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#17327724400595828-454: The federal government from entering a collective bargaining agreement with the Steelworkers. However, Judge Pine indicated that he was interested in the fundamental issue of Presidential power. Even so, the steel companies' attorneys continued to steer the discussion back to the equities and the President's statutory power under the Taft–Hartley Act. After the attorney for one of the smaller producers, Armco Steel Corporation , finally challenged
5922-430: The government to resume control of the plants, ending the strike by the Steelworkers, but Judge Pine declined to do so. The government then applied for a stay in the D.C. Circuit . The Court, sitting en banc , granted the government's request for a stay by a 5–4 vote on April 30 and denied a motion for reconsideration by the steel companies that sought to amend the stay order to bar the government from increasing wages by
6016-469: The government's right to seize its property without Congressional authorization, Judge Pine then asked the attorney for the government to respond. The Assistant Attorney General may have done more harm to the government's case than the steel companies had. Asked by Judge Pine for the source of the President's authority, he offered, "Sections 1, 2 and 3 of Article II of the Constitution and whatever inherent, implied or residual powers may flow therefrom." When
6110-406: The government. The case was then assigned to Judge David Andrew Pine , who heard the steel companies' motions for a preliminary injunction . In its papers, the government stressed the ultimate constitutional issue of whether the President had the power to seize the mills. The steel companies appeared to be shying away from that issue by focusing on the equities and asking the Court merely to enjoin
6204-456: The justices to look beyond the transitory labor dispute before them to the constitutional principles at stake, closing with Thomas Jefferson 's words, slightly misquoted: "In questions of power let no more be said of confidence in man but bind him down from mischief by the chains of the Constitution". Justice Frankfurter was the only Justice to interrupt Davis, with only one question, during his argument. Solicitor General Philip B. Perlman had
6298-409: The less risky step of seeking a national emergency injunction under the Taft–Hartley Act instead. However, the industry was, as events showed, ready to act once Truman had announced the seizure by a national television and radio broadcast. The steel companies reacted immediately by sending attorneys to the home of Judge Walter M. Bastian of the D.C. District Court within 30 minutes of the end of
6392-591: The minimum wage, extend unemployment benefits, create job opportunities for the youth and invest in economically distressed areas. Following Goldberg's advice, Kennedy established the President's Committee on Equal Employment Opportunity (PCEEO) , which ensured employees are treated fairly regardless of "race, creed, color, or national origin." Goldberg also championed the creation of the President's Advisory Committee on Labor-Management Policy. On August 31, 1962, Kennedy nominated Goldberg as an associate justice of
6486-416: The nation to challenge the constitutionality of capital punishment in appeals. As a result of the influx of appeals, the death penalty effectively ceased to exist in the United States for the remainder of the 1960s and 1970s, and the Supreme Court considered the issue in the 1972 case of Furman v. Georgia , where the Justices, in a 5 to 4 decision, effectively suspended the death penalty laws of states across
6580-664: The newspaper union. Appointed general counsel to the CIO in 1948 to succeed Lee Pressman , Goldberg served as a negotiator and chief legal adviser in the merger of the American Federation of Labor and CIO in 1955. AFL-CIO is one of the US major labor unions representing America's workers and labor. Goldberg also served as general counsel of the United Steelworkers of America . Goldberg was an active participant in
6674-501: The only Justice to vote against the government's position, he was encouraged by his private conversations with other Justices. In the end, the Court voted 6–3 to affirm the District Court's injunction to bar the President from seizing the steel plants. Justice Black wrote for the majority opinion that was delivered exactly three weeks after the oral hearing on June 2. Black took, as he often did, an absolutist view by holding that
6768-619: The peace in Vietnam and that after the crisis had passed, he expected he would be reappointed to the Supreme Court by Johnson to replace the retiring Chief Justice Earl Warren. He also said, "I had an exaggerated opinion of my capacities. I thought I could persuade Johnson that we were fighting the wrong war in the wrong place [and] to get out." David Stebenne, Goldberg's biographer, adds, "Many observers, then and later, found this answer hard to accept." He suggests, "Johnson must have had some influence over Goldberg that induced him [to resign from
6862-459: The pendency of the appeal, had removed any incentive for the steel companies to reach agreement on a new contract with the union. The Court set the matter for oral argument on May 12, 1952, less than ten days later. The government's brief opened with an attack on Judge Pine's application of equitable principles to the facts before him but devoted much of its 175 pages to the historical records of governmental seizure of private property in wartime from
6956-420: The president lacked the power to seize the steel mills in the absence of statutory authority conferred on him by Congress. Five other justices agreed with the outcome of the case but wrote concurring opinions; some of these justices argued that the president might have the power to seize property absent legislative authorization in more extreme circumstances. Justice Robert H. Jackson 's concurring opinion laid out
7050-403: The procedure was too time-consuming and that its outcome too uncertain. Truman chose not to go to Congress to obtain additional statutory authorization for a seizure of the steel industry for the same reasons. That left invocation of the President's inherent authority to act in response to a national emergency. The steelworkers favored government seizure of the plants under any available theory to
7144-424: The resolution stipulates withdrawal from occupied territories without defining the extent of withdrawal . And it can be inferred from the incorporation of the words secure and recognized boundaries that the territorial adjustments to be made by the parties in their peace settlements could encompass less than a complete withdrawal of Israeli forces from occupied territories [italics by Goldberg]. Goldberg's role as
7238-606: The retirement of Felix Frankfurter . Goldberg aligned with the liberal bloc of justices and wrote the majority opinion in Escobedo v. Illinois . In 1965, Goldberg resigned from the bench to accept appointment by President Lyndon B. Johnson as the Ambassador to the United Nations. In that role, he helped draft UN Resolution 242 in the aftermath of the Six-Day War . He ran for governor of New York in 1970 but
7332-412: The same margin the next day. The stay granted by the Court of Appeals was conditioned, however, on the government's filing of a petition for certiorari by May 2, 1952, and lasted only until the Supreme Court acted on that petition. The government filed its petition for certiorari on May 2, only to discover that the steel companies had already filed one of their own. The government renewed its request for
7426-405: The sweeping condemnation of the administration's claims that Black and Douglas had offered. While he would not rule out the possibility that the President might acquire the power to take certain actions by a long course of conduct that was unobjected to by Congress, he found the statutory history persuasive evidence that Congress had not acquiesced, much less authorized, seizure of private property in
7520-588: The treatise on evidence. Goldberg graduated from Northwestern law school in just 2.5 years and with the highest academic record ever at Northwestern. Being just 21-years-old, he was too young to pass the Illinois Bar. However, he sued and successfully argued his own case to be admitted to the bar. In 1931, Goldberg married Dorothy Kurgans . They had one daughter, Barbara Goldberg Cramer, and one son, Robert M. Goldberg (an attorney in Anchorage, Alaska ). He
7614-419: The trial while he was a high school senior. Goldberg later pointed to the case as inspiration for his opposition to the death penalty on the bench, since he had seen how inequality of social status could lead to unfair application of the death penalty. Jewish Supreme Court Justices Louis Brandeis and Benjamin Cardozo also served as inspiration to Goldberg from a young age. Goldberg, who worked part time as
7708-411: The view that Congress had limited the executive's authority to seize property in this case by providing for different procedures in the legislation it had enacted, Vinson's opinion still appeared to recognize Congress's primacy in enacting legislation by justifying the seizure in this case as necessary to preserve the status quo so that Congress could act in the future. However, he mocked arguments based on
7802-525: The words the , all , and the June 5, 1967, lines . I refer to the English text of the resolution. The French and Soviet texts differ from the English in this respect, but the English text was voted on by the Security Council, and thus it is determinative. In other words, there is lacking a declaration requiring Israel to withdraw from the (or all the) territories occupied by it on and after June 5, 1967. Instead,
7896-479: Was Earl Warren 's preference to succeed him when the chief justice announced his retirement in 1968, but President Johnson selected Abe Fortas instead. After Fortas's nomination was withdrawn in the face of Senate opposition, Johnson briefly considered naming Goldberg chief justice as a recess appointment before ruling out the idea. On 15 October 1969, Goldberg was a featured speaker at the Moratorium to End
7990-499: Was Harvard law professor Alan Dershowitz . Since other justices would be unlikely to hire a Jewish clerk, Goldberg emphasized hiring Jewish clerks. Six out of his eight law clerks were Jewish. In 1965, Goldberg was persuaded by Johnson to resign his seat on the court to replace the recently deceased Adlai Stevenson II as the U.S. ambassador to the United Nations (UN). Johnson wanted to appoint his friend, Abe Fortas , to
8084-570: Was an American statesman and jurist who served as the 9th U.S. Secretary of Labor , an Associate Justice of the Supreme Court of the United States , and the 6th United States Ambassador to the United Nations . Born in Chicago , Illinois , Goldberg graduated from the Northwestern University School of Law in 1930. He became a prominent labor attorney and helped arrange the merger of the American Federation of Labor and
8178-544: Was defeated by Nelson Rockefeller . After his defeat, he served as president of the American Jewish Committee and continued to practice law. Goldberg was born and raised on West Side, Chicago , the youngest of eight children of Rebecca Perlstein and Joseph Goldberg, Orthodox Jewish immigrants from the Russian Empire . His paternal line derived from a shtetl called Zenkhov, in Ukraine , while his mother's family
8272-453: Was from Tetiev . Goldberg's father, a produce peddler, died in 1916, forcing Goldberg's siblings to quit school and go to work to support the family. As the youngest child, Goldberg was allowed to continue school, but worked jobs on the side, including as a vendor at Wrigley Field and as a library clerk, to help support his family. He was childhood friends with future professional boxer Jackie Fields . Goldberg attended classes and lectures at
8366-436: Was involved in the Korean War in 1950, when President Truman chose not to impose price controls , as the federal government had done during World War II . Instead, the administration attempted to avoid inflationary pressures by the creation of a Wage Stabilization Board that sought to keep down the inflation of consumer prices and wages while it avoided labor disputes whenever possible. Those efforts failed, however, to avoid
8460-405: Was mollified somewhat by Black's hospitality; as he told Black, "Hugo, I don't much care for your law, but, by golly, this bourbon is good." The multiplicity of opinions made it difficult to determine just what the Court had decided as to whether and when the President had authority to act without Congressional authorization. That was largely the result of the fact that the administration had made
8554-508: Was promised by Johnson that he would be a member of the President's cabinet and would be involved in all decisions involving ending the Vietnam War. Bruce Allen Murphy , a professor at Lafayette College , wrote in one of his books that Johnson also told Goldberg that he would consider putting him on his ticket as vice president in the 1968 United States presidential election . Goldberg wrote that he resigned to have influence in keeping
8648-573: Was the uncle of prolific blues rock keyboardist Barry Goldberg . During World War II, Goldberg was a member of the United States Army, wherein he served as a captain and later a major. He wanted to join the Marines, but was not physically fit enough. Goldberg served as well in an espionage group operated by the Office of Strategic Services , the precursor to the CIA , serving as chief of
8742-525: Was uncomfortable with his work at Pritzger because the work mainly dealt with representing large businesses. Goldberg's interest in labor law spiked at the start of The Great Depression and in 1933 he left Pritzger to create his own boutique law firm, which was focused on labor law. Goldberg joined the National Lawyers Guild (NLG), a group that was advocating for The New Deal , in the mid-1930s. However, Goldberg, among others, resigned
8836-605: Was unsuccessful. Goldberg faced accusations of being a "carpetbagger" by the New York media and he faced a contested Democratic primary campaign against Howard J. Samuels . Although Goldberg won the Democratic primary, his poor skills as a campaigner and lack of knowledge about New York (while campaigning in Manhattan, he mistakenly claimed that he was in Brooklyn), coupled with Rockefeller's formidable advantages, resulted in
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