U.S. Senate
Reports, Committee on Foreign Relations, vol. 8, p. 24 (February 15,
1816).

[13] Ibid. 327, citing Panama Refining Co. _v._ Ryan, 293 U.S. 388,
421-422 (1935).

[14] In Youngstown Co. _v._ Sawyer, 343 U.S. 579 (1952) the doctrine is
advanced that the President has no power in the field of Congress'
legislative powers except such as are delegated him by Congress. This
doctrine is considered below in the light of previous practice and
adjudication. _See_ pp. 489-499.

[15] _See_ e.g., Abel Upshur, A Brief Inquiry Into the True Nature and
Character of Our Federal Government (1840), 116-117.

[16] The Federalist No. 67, 503.

[17] James Hart, The American Presidency in Action (New York, 1918),
28-43.

[18] 2 Dall. 400 (1790).

[19] Messages and Papers of the Presidents, I, 56.

[20] Corwin, The President, Office and Powers (3d ed.), 377-378,
434-435, 446, 465, 484. "The executive [branch of the government],
possessing the rights of self-government from nature, cannot be
controlled in the exercise of them but by a law, passed in the forms of
the Constitution." Thomas Jefferson, Official Opinion (1790) 5 Ford, ed.
209 (New York, 1892-1899). "In times of peace the people look most to
their representatives; but in war, to the Executive solely." Letter to
Caesar A. Rodney, (1810) Monticello, 9 Ford, ed. 272.

[21] Corwin 20-21, and citations.

[22] Ibid. 21-22, and citations.

[23] Ibid. 22-24.

[24] Ibid. 386. _See also_ ibid. 281.

[25] Ford, The Rise and Growth of American Politics (New York, 1914),
293.

[26] As to the meaning of "the fourth day of March", _see_ Charles
Warren, Political Practice and the Constitution, 89 Univ. of Pa. L. Rev.
(June, 1941) 1003-1025.

[27] On the anti-third term tradition, _see_ Corwin, The President,
Office and Powers (3d ed.), 43-49, 388-392.

[28] McPherson _v._ Blacker, 146 U.S. 1, 27 (1892).

[29] Ibid. 28-29.

[30] Max Farrand, II, 97.

[31] In re Green, 134 U.S. 377, 379-380 (1890).

[32] United States _v._ Hartwell, 6 Wall. 385, 393 (1868).

[33] Hawke _v._ Smith, 253 U.S. 221 (1920).

[34] Burroughs _v._ United States, 290 U.S. 534, 545 (1934).

[35] Ex parte Yarbrough, 110 U.S. 651 (1884).

[36] Burroughs _v._ United States, 290 U.S. 534 (1934).

[37] Ibid. 546. During the recent war, Congress laid claim in the act of
September 16, 1942, to the power "in time of war" to secure to every
member of the armed forces the right to vote for Me