Emergency conditions justify exercising power but do not themselves create it

Evidence

There can be no doubt that the emergency which caused the President to seize these steel plants was one that bore heavily on the country. But the emergency did not create power; it merely marked an occasion when power should be exercised. And the fact that it was necessary that measures be taken to keep steel in production does not mean that the President, rather than the Congress, had the constitutional authority to act. The Congress, as well as the President, is trustee of the national welfare. The President can act more quickly than the Congress. The President with the armed services at his disposal can move with force as well as with speed. All executive power -from the reign of ancient kings to the rule of modern dictatorshas the outward appearance of efficiency. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2823

Categorization

• XREF: connects to: Presidential authority varies in strength across three zones defined by congressional disjunction — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2851; Emergency powers are continuous with normal law, not exceptions to it — Wael Hallaq, Restating Orientalism: A Critique of…, 406; Social norms, not panic, structure emergency behaviour — John Drury, The role of social identity processes…, 37 (+1 more)

Broader Connections

• Emergency powers are continuous with normal law, not exceptions to it #corroborates (0.80) — Wael Hallaq, Restating Orientalism, 406
• Social norms, not panic, structure emergency behaviour #qualifies (0.70) — John Drury, The role of social identity processes…, 37
• Emergency laws paradoxically suspend the rule of law they claim to defend #complicates (0.70)