Law Commons^™

Youngstown’S Fourth Tier. Is There Zone Of Insight Beyond The Zone Of Twilight?, Josh Blackman, Elizabeth Bahr

Josh Blackman

Justice Jackson’s tripartite analysis in Youngstown Sheet & Tube serves as the seminal framework to resolve national security and separation of powers issues. Examining national security and separation of powers cases that have employed the flexible and functionalist Youngstown framework yields a curious, and previously unidentified revelation. This article addresses this irregularity, and explains how in fact the Supreme Court has adopted an implied fourth tier of Youngstown. In some cases, the Supreme Court ostensibly applied the Youngstown framework, yet the Court’s analysis cannot be reasonably pigeonholed into one of the three tiers. Thus, the Court has implicitly recognized a …