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2011   Justice Jackson's Concurrence in the Steel Seizure Case
Mike Rappaport  Mike Ramsey links to this post by Stephen
Griffin on his new book on Foreign Affairs.  Stephen criticizes
Justice Jackson's famous concurrence:  Students of debates over
presidential power know this relates to Justice Jackson’s
concurring (now controlling) opinion in the Steel Seizure case.
Jackson specifically rejected the vesting clause thesis and
assumed that founding era debates such as the Pacificus-
Helvidius clash showed that it was fruitless to rely on
historical evidence to resolve separation of powers problems.
But Jackson did not consider the narrower possibility that the
vesting clause underwrote presidential power with respect to
foreign policy. And he was simply too quick in concluding that
the Pacificus-Helvidius debate was a wash. The belief that the
Pacificus-Helvidius debate showed deep divisions among the
framers as to presidential power in foreign af