President’s power must stem from act of Congress or Constitution.
-    There is no statute here that expressly authorized it.
-    there is no Act of Congress where it is implicit either. This seizure technique to settle labor disputes has been rejected by Congress (refused to adopt amendment of Taft-Harley Act)
-    There is no express constitutional language that grants this power.
-    C. is rejected b/c the “theater of war” does not encompass the possession of private property [Crooms, also because it is not a real war].
-    B & A are rejected b/c execution & creation are not the same thing, he is limited in recommendation & vetoing laws. Const. clearly says that Congress makes laws (Art I.secI) and he is to execute those.
-    ? is rejected b/c Congress has not lost its exclusive constitutional authority to make laws b/c other presidents have done this before.
Note: Black is implicitly rejecting the §s together support an aggregation of power. It is Congress’ role to adopt such public policies, not the Pres.