[33] _Id._, at 356-58. [34] _Id._, at 338-41. [35] _Id._, at 338. [36] _Constitutional Government and Democracy_, Ch. XXVI, rev. ed. (Boston: Ginn & Co., 1949). [37] _Id._, at 573. [38] _Id._, at 580. [39] _Id._, 574-584. [40] _Id._, at 584. [41] Clinton L. Rossiter, _Constitutional Dictatorship_ (Princeton: Princeton University Press, 1948), p. 288ff. [42] Here, citing Friedrich, he observes “there might well have been no crisis in 1933 if President Roosevelt had been required to appoint another to wield the abnormal display of power which he seemed to find so necessary at the moment.” _Id._, at 303. But since he later specifically advocates retention of what he describes as “the inherent emergency power of the President” (p. 308), why hobble it by discouraging a presidential finding of the existence of an emergency? Cf. Grier, J., in _Prize Cases_, 2 Black 635, 669-71 (1862), holding that war (emergency) may commence when the Chief Executive takes up a proferred challenge. [43] Rossiter, _op. cit._, pp. 298-306. [44] _Id._, at 310-11. [45] _Id._, at 309. [46] _The Supreme Court and the Commander in Chief_ (Ithaca: Cornell University Press, 1951), p. 1, see p. 19 _infra_. CONTEMPORARY THEORIES IN THE LIGHT OF RECENT EXPERIENCE. [47] _Op. cit._, p. 573. [48] _Constitutionalism Ancient and Modern_ (Ithaca: Cornell University Press, 1940), p. 180. [49] _Id._, at 246. [50] _Id._, at 1. [51] _Id._, at 146. [52] Justice Jackson’s concurring opinion in _Youngstown Sheet & Tube Co._ v. _Sawyer_, 343 U. S. 579 at 634-55 (1952), in which he discusses the relative power of the President acting under his executive powers alone, and acting under a marriage of executive and congressional powers, is opposite here. [53] Note William Y. Elliott’s theory of the co-organic society, in _The Pragmatic Revolt in Politics_, (New York: Macmillan, 1928), pp. 355-77. [54] See Cecil T. Carr, _Delegated Legislation_ (Cambridge: University Press, 1921) p. 72, and _Concerning English Administrative Law_ (New York: Columbia University Press, 1941), p. 189; Lord Hewart of Bury, _The New Despotism_ (New York: Cosmopolitan Book Corporation, 1929), p. 308; W. A. Robson, _Justice and Administrative Law_ (London: Stevens, 1945), p. 385, and Marguerite A. Sieghart, _Government by Decree_ (London: Stevens, 1950), p. 343. CHAPTER III [55] The Emergency Powers (Defense) Act, 1939, 2 & 3 Geo. 6, Ch. 62, Sec. 1. [56] 61 Stat. 136, June 23, 1947, Sec. 206, 29 U.S.C. 176. EMERGENCIES VARY IN INTENSITY [57] Proclamation No. 2076, 48 Stat. 1734, February 16, 1934. [58] 63 Stat. 208, June 20, 1949, Sec. 10 (b). [59] Proclamation No. 2352, 54 Stat. 2643, September 8, 1939. [60] 48 Stat. 354, February 23, 1934, Sec. 2 (b). [61] Bank Conservation Act, 48 Stat. 1, March 9, 1933, Preamble. [62] Proclamation No. 2153, 49 Stat. 3489, January 10, 1936. [63] Veterans’ Emergency Housing Act, 60 Stat. 207, May 22, 1946, Sec. 1 (a).