Note 764 — Chapter X · JUDICIAL REVIEW
Reading edition
Transcript of Record, op. cit., p. 377. In addition, the following colloquy is illuminating:
The Court: “... As I understand it, you do not assert any statutory power.”
Mr. Baldridge: “That is correct.”
The Court: “And you do not assert any express constitutional power.”
Mr. Baldridge: “Well, Your Honor, we base the President’s power on Sections 1, 2 and 3 or Article II of the Constitution, and whatever inherent, implied or residual powers may flow therefrom....”
The Court: “So you contend the Executive has unlimited power in time of emergency.”
Mr. Baldridge: “He has the power to take such action as is necessary to meet the emergency.”
The Court: “If the emergency is great, it is unlimited, is it?”
Mr. Baldridge: “I suppose if you carry it to its logical conclusion, that is true.”