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
_Consultation with Committees_: Legislative restraint is less
obvious--though nonetheless present--in statutes which, instead
of requiring detailed reporting of administrative discharge of
delegated functions, provide for periodic or continuous administrative
consultation with congressional committees. The Economic Co-operation
Act of 1948 created a Joint Committee on Foreign Economic Co-operation,
consisting of ten members from the Foreign Relations and Appropriations
Committees of the Senate, and the Foreign Affairs and Appropriations
Committees of the House. The Economic Cooperation Administrator was
to consult with the committee from time to time as the Committee might
request.[575] In 1950 the Secretary of Defense was empowered after
consultation with the respective Armed Services Committees of the
Congress to provide the facilities necessary or the administration
and training of the Reserve components of the Armed Forces.[576] The
Defense Production Act of 1950 established a Joint Committee of Defense
Production to make a continuous study of the programs authorized by
the Act, and to review the progress achieved in the execution and
administration of such programs. It required all agencies and officials
administering programs authorized by the Act, at the request of the
committee, to consult with the committee, from time to time, with
respect to their activities under this Act.[577] A Joint Committee on
Immigration and Nationality Policy was created to make a continuous
study of the administration of the Immigration and Nationality Act of
1952.[578] The Act instructed the Attorney General and the Secretary
of State to submit to the Committee all regulations, instructions, and
all other information as requested by the Committee relative to the
administration of the Act. The Secretary of State and the Attorney
General were required to consult with the Committee from time to time
with respect to their activities under this Act.[579]
_Committee Participation in Administrative Decision-Making_: The
history of recent use of the “legislative veto” might lead one to
expect that, in those instance in which it seeks to retain a power
of continuous oversight of administration action, Congress would
be prone to locate this function in either or both houses rather
than to delegate it to committees. However, the fiscal 1956 Defense
Appropriations Act, earlier mentioned, is by no means the first
instance in which committees have been assigned the function of
participating in administrative decision-making. In fact, careful
study of the functioning of Congressional Committees might reveal that
compulsory consultation and joint committee-agency decision-making are
more the rule than the exception.[580]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account