These lessons present the historical background to United States involvement in the Korean War and President Truman’s decision to take over the nation’s steel mills in 1952.  These lessons also describe the role of the United States Supreme Court and highlight Justice Robert H. Jackson’s important concurring opinion related to presidential powers and checks and balances.

Have students view that section of the DVD, Liberty Under Law:  The Robert Jackson Story, which describes the Youngstown Sheet and Tube Company v. Sawyer case (see beginning at 65:12.  As students view this section of the DVD, have them gather information which addresses the following questions:

• Why was the steel industry so important to the United States involvement in the Korean War?
• What arguments did President Truman make in his call for the federal government to take over the nation’s steel industry?
• What arguments did Justice Robert H. Jackson make in his concurring opinion?
• What were the three criteria Justice Jackson outlined in his concurring opinion?

What were the lessons of the steel case decision?  Why are these lessons still relevant today?

Provide students with the following facts in the Youngstown steel case:

• The United States was involved in the Korean War.
• The steelworkers wanted higher wages or they were prepared to go on strike.
• A steel strike would shut down the steel mills and hurt the war effort.
• President Truman ordered the Secretary of Commerce, Charles Sawyer, to take over the steel mills and stop the strike.
• The steel companies asked a federal court to overturn President Truman’s decision.
• The case was finally appealed to the United States Supreme Court.

Based on the information in the DVD and these facts of the case, discuss with students the Supreme Court decision in the case.  Have students summarize the majority and dissenting opinions. Provide students with a summary of Justice Robert Jackson’s concurring opinion in this case.  A summary can be found at http://www.law.cornell.edu/supct/html/historics/USSC_CR_0343_0579_ZC2.html.

Students can also find a summary of the case in Robert H. Jackson by Gail Jarrow (Honesdale, PA: Calkins Creek, 2008), pp 99-101.

Another excellent source for this case is the video, “Key Constitutional Concepts, Part Three, Checks and Balances- Youngstown Sheet and Tube Company v. Sawyer case” at www.AnnenbergClassroom.org.  This website also includes a complete lesson plan and student handouts related to this Supreme Court case.

Ask students to discuss Justice Robert Jackson’s rationale for his concurring opinion that opposed President Truman’s takeover of the steel mills.  Jackson’s rationale continues to guide executive actions today.   

In his opinion, Justice Jackson describes a three-tier framework for evaluating the constitutionality of presidential decisions:

• In the first case, when Congress authorizes presidential action, the president’s authority is at its maximum.
• In the second case, when Congress is silent, the president is limited by Article II of the United States Constitution.
• In the third case, when Congress restricts presidential action, the president’s authority is at its “lowest ebb.”

Two student groups could take opposing sides in a debate about whether the president of the United States should have the authority to take an action like taking control of the nation’s steel mills or coal mines during a national emergency.  Ask student groups to present arguments on both sides of the issue based on the Youngstown case.  A third student group could serve as an appeals court panel reviewing their arguments.  This group of judges could vote to rule on the motion to allow or disallow the president’s actions.  These judges could also present their majority and minority opinions on this issue.

Ask student groups to investigate more recent examples of conflicts over the separation of powers and have them explain how Justice Robert H. Jackson’s framework applies.  A background article for teachers can be found at:  Social Education, www.socialstudies.org/publications.  Find:  Steven D. Schwinn, “The Separation of Powers and 15 Years of Anti-Terrorism Policies Since 9/11,” Social Education, September 2016, pp. 214-218, 223.

Student groups can present their examples to the class using the case study method by presenting the facts of the case, the arguments for each side, and the court’s rulings including majority/ minority opinions.  Student groups should also relate their findings to Justice Jackson’s framework from the Youngstown decision.