ABSTRACT

A concrete example will illustrate how a court of craftsmen can preserve constitutionalism and insure the triumph of the rule of law. The example will also demonstrate that while statesmen may make choices that craftsmen cannot, statesmen may also choose the same result craftsmen discover. Several of the Justices who wrote opinions in the Steel Seizure case expressed the statesmen-like concerns. In the Steel Seizure case the Court reached a craftsmen's result, although some Justices joined in that result for statesmen's reasons. The decision satisfied all the criteria of judicial craftsmanship. It was consistent with the original understanding, which was wary of broad executive power. It was consistent with underlying constitutional principles, particularly the separation of powers and checks and balances principles. The former principle suggested that Congress alone should exercise lawmaking authority. The latter principle suggested that the Congress should exercise some check on the President.