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
Certainly Congress, in requiring the Atomic Energy Commission to
report to the Joint Committee on Atomic Energy any instances in which
it imparted atomic secrets to other nations, contemplated committee
control of such action. Arrangements with other nations were not to be
consummated until the Joint Committee on Atomic Energy had been fully
informed for a period of thirty days in which the Congress was in
session.[581] If the Committee disapproved the arrangement and found
the Commission unresponsive to its influence, the former would have
time in which to report this fact to Congress.
When it authorized the establishment of a long-range proving ground
for guided missiles in 1949, Congress stipulated that prior to the
acquiring of lands under this law the Secretary of the Air Force had to
come “into agreement with the Armed Services Committees of the Senate
and the House of Representatives with respect to the acquisition of
such lands.”[582] This clearly established a joint committee-agency
decision-making arrangement. A 1951 statute required the Secretaries
of the Army, Air Force, and Navy, and the Federal Civil Defense
Administrator, to come into agreement with the two Armed Services
Committees whenever real estate actions by or for the use of the
military departments or the Federal Civil Defense Administration were
involved.[583] The Emergency Powers Interim Continuation Act of July
1952, continued this provision in force.[584]
In conclusion we mention a device for securing to congressional
committees a form of suspensive power over administrative action. This
is the familiar provision for suspension of deportation orders where
either the Immigration and Naturalization Committee of the House or of
the Senate Committee on Immigration has favorably acted on a bill for
the relief of the alien in question. The Act cited here was restricted
in effect to the Seventy-fifth Congress, and stays of deportation under
it were to be terminated at least by the date of adjournment of the
first regular session of the Seventy-sixth Congress.[585]
ACCOUNTING TO CONGRESS
The preponderance of relevant data collected under this particular head
consists of routine requirements, inserted in delegatory statutes, that
administrators periodically report to the Congress on the discharge
of their functions. It need hardly be stressed that by this method of
acquiring information Congress not only equips itself with data vitally
prerequisite to its exercise of the function of oversight, but that its
demand for such information in itself represents a form of control. The
necessity of periodic reporting interposes an effective psychological
hurdle between the administrator and intentional malfeasance. Certain
reporting provisions clearly reflect a desire to maintain a continuous
check upon the administration; others appear directed more at securing
information and advice as an aid to policy-making.
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