...emergency and that emergency cannot be made the source of power. The proposition begs the question, since, although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of a living power already enjoyed. If nets which, if...

...be made the source of power. Ex parte MiUigan, 4 Wall. 2. The proposition begs the question, since although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of a living power already enjoyed. If acts which, if...

...be made the source of power. Ex parte Mflligan, 4 Wall. 2. The proposition begs the question, since although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of a living power already enjoyed. If acts which, if...

...While emergency does not create power, emergency may furnish the occasion for the exercise of power. "Although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of a living power alread}^ enof steel and iron have...

...create power; it only furnishes the occasion for the exercise of power. As the Supreme Court said, "although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of living power already enjoyed." Wilson v. New York,...

...cited Wilton v. New. 243 US 332 (1917), in support of his proposition. But there the Court held that: "(A]lthough an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of a living power already enjoyed." 243 US at 348. It...

...periods of war. In the World War I case of Wilson v. New, the Supreme Court stated the doctrine broadly: "Although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the assertion of a living power already enjoyed." 67 The reach of...

..."While emergency does not create power, emergency may furnish the occasion for the exercise of power. 'Although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of a living power already enjoyed.' Wilson v. New, 243...

..."The Protective Power of the Presidency," 69. 123. As the court explained further in Wilson v. New, "[Although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of a living power already enjoyed. " 243 US 332, 348...

...256 US 170 (1921) (same); Block v. Hirsh, 256 US 135 (1921) (same). of existing governmental powers: "although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of a living power already enjoyed."228 Chief Justice...