This section contains the nature of the case and procedural background.

This case is on direct appeal from a District Court judgment holding unconstitutional Title II of the Housing and Rent Act of 1947 despite the Congressional war power. A Presidential Proclamation had terminated hostilities. However, the concurrence points out that 'we still are technically in a state of war,' and that the state of war is not merely technical since 'we have armies abroad exercising our war power and have made no peace terms with our allies, not to mention our principal enemies.' Legislative history of the act in question clearly shows that there has not yet been eliminated the deficit in housing which in considerable measure was caused by the heavy demobilization of veterans and by the cessation or reduction in residential construction during the period of hostilities due to the allocation of building materials to military projects.

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