on centers," situated in the desert country of California,
Arizona, Idaho, Utah, Colorado, and Wyoming and in the delta areas of
Arkansas.
The Act of March 21, 1942
It was apparently the original intention of the Administration to rest
its measures concerning this matter on the general principle of military
necessity and the power of the Commander in Chief in wartime. But before
any action of importance was taken under Executive Order 9066, Congress
ratified and adopted it by the act of March 21, 1942,[65] by which it
was made a misdemeanor to knowingly enter, remain in, or leave
prescribed military areas contrary to the orders of the Secretary of War
or of the commanding officer of the area. The cases which subsequently
arose in consequence of the order were decided under the order plus the
act. The question at issue, said Chief Justice Stone for the Court, "is
not one of Congressional power to delegate to the President the
promulgation of the Executive Order, but whether, acting in cooperation,
Congress and the Executive have constitutional * * * [power] to impose
the curfew restriction here complained of."[66] This question was
answered in the affirmative, as was the similar question later raised by
an exclusion order.[67]
PRESIDENTIAL GOVERNMENT OF LABOR RELATIONS
The most important segment of the home front regulated by what were in
effect Presidential edicts was the field of labor relations. Exactly six
months before Pearl Harbor, on June 7, 1941, Mr. Roosevelt, citing his
proclamation thirteen days earlier of an unlimited national emergency,
issued an Executive Order seizing the North American Aviation Plant at
Inglewood, California, where, on account of a strike, production was at
a standstill. Attorney General Jackson justified the seizure as growing
out of the "'duty constitutionally and inherently rested upon the
President to exert his civil and military as well as his moral authority
to keep the defense efforts of the United States a going concern,'" as
well as "to obtain supplies for which Congress has appropriated the
money, and which it has directed the President to obtain."[68] Other
seizures followed, and on January 12, 1942, Mr. Roosevelt, by Executive
Order 9017, created the National War Labor Board. "Whereas," the order
read in part, "by reason of the state of war declared to exist by joint
resolutions of Congress, * * *, the national interest demands that there
shall be no interruption o
|