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Congress of the United States, which shall consist of a Senate and House of Representatives."

[Ibid.]

The President has no power to raise revenues. That power is in the Congress by Article I,

Section 8 of the Constitution. The President might seize and the Congress by subsequent action

might ratify the seizure. But until and unless Congress acted, no condemnation would be lawful.

The branch of government that has the power to pay compensation for a seizure is the only one

able to authorize a seizure or make lawful one that the President has effected. That seems to me

to be the necessary result of the condemnation provision in the Fifth Amendment. It squares with

the theory of checks and balances expounded by MR. JUSTICE BLACK in the opinion of the

Court in which I join.

If we sanctioned the present exercise of power by the President, we would be expanding

Article II of the Constitution and rewriting it to suit the political conveniences of the present

emergency. Article II which vests the "executive Power" in the President defines that power with

particularity. Article II, Section 2 makes the Chief Executive the Commander in Chief of the

Army and Navy. But our history and tradition rebel at the thought that the grant of military power

carries with it authority over civilian affairs. Article II, Section 3 provides that the President shall

"from time to time give to the Congress Information of the State of the Union, and recommend to

their Consideration such Measures as he shall judge necessary and expedient." The power to

recommend legislation, granted to the President, serves only to emphasize that it is his function

to recommend and that it is the function of the Congress to legislate. Article II, Section 3 also

provides that the President "shall take Care that the Laws be faithfully executed." But, as MR.