Powers of the President during crisesSmith, J. Malcolm (John Malcolm)
History
Powers of the President during crises
Smith, J. Malcolm (John Malcolm)
Constitutional history -- United States; Executive power -- United States
In the Mutual Defense Assistance Act of 1951, which established an
embargo on the shipment of arms, ammunition, and implements of war
to any nation or combination of nations threatening the security of
the United States, Congress gave the Administration the power to
determine what items constituted arms, ammunition, and implements of
war and items should be embargoed.[567] Aid to any nation knowingly
permitting shipment of such materials or equipment to the U.S.S.R. and
its satellites was to be suspended, unless the President found that
unusual circumstances indicated that the cessation of aid would clearly
be detrimental to the security of the United States. Upon making such
a decision, the President was to report his decision and the reasons
for it to the Appropriations and Armed Services Committees of the
Senate and House of Representatives, the Committee on Foreign Relations
of the Senate, and the Committee on Foreign Affairs of the House of
Representatives. Moreover, the President was required to review, at
least once each quarter, all determinations made previously and report
his conclusions to the foregoing committees.[568]
A postwar statute of limited dimensions was enacted in August 1953,
enabling the President to lend to Italy, France, and any friendly
foreign nation in the Far Eastern area, on terms satisfactory to him,
naval vessels of stated categories.[569] This legislation charged the
Secretary of Defense with the duty to keep the respective Committees
on Armed Service of the Senate and the House of Representatives
advised of all transfers or other dispositions of naval vessels.[570]
The Defense Cataloguing and Standardization Act of 1952 established
within the Department of Defense a Defense Supply Management Agency
which was to develop a single catalogue system and related supply
standardization program.[571] The Director of the Agency was required
to transmit to the Committees on Armed Services of the Senate and
House of Representatives on January 31 and July 31 of each year,
progress reports on the cataloguing and standardization programs.[572]
Similarly, in authorizing the Secretaries of the Army, Navy, and Air
Force to acquire or develop industrial plants as needed for defense
mobilization Congress required the Secretary of Defense to report
semi-annually to the Committees on Armed Services of the Senate and
of the House of Representatives with respect to those activities
authorized by statute which were not otherwise the subject of reporting
under law.[573]
The foregoing can perhaps best be characterized as legislative
adaptations of Carl J. Friedrich’s so-called “rule of anticipated
reaction.”[574] In context the rule implies that administrative
officers, aware of the imminent necessity of reporting to the
legislature the details of exercise of discretion under delegatory
statutes, will attempt so to pattern their action as to maximize the
likelihood of legislative approval.
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