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 Price Control Act of 1946 Congress indicated its desire that the
control of prices be terminated as rapidly as possible, and directed
the President to recommend to the Congress whatever was judged by him
as needed to supplement the control of prices and wages during the
remainder of 1947.[609] The national emergency provisions of the Labor
Management Relations Act provide that upon exhaustion of the procedures
for deferring and attempting settlement of national emergency strikes
“the President shall submit to the Congress a full and comprehensive
report of the proceedings ... together with such recommendations as he
may see fit to make for consideration and appropriate action.”[610]
A final illustration is drawn from the June, 1951 amendments to the
Universal Military Training and Service Act. This measure established
a National Security Training Commission of five members which, in
addition to generally supervising the training of the National Security
Training Corps, was to submit to the Congress certain legislative
recommendations. These recommendations were to include, but not be
limited to--(a) a broad outline for a program to assure that the
training be of a military nature, (b) measures for the personal safety,
health, welfare and morals of members of the Corps and (c) a code of
conduct.[611]
THE CONCURRENT RESOLUTION
The suggestion has been made that Congress would be better informed
and could exercise a more adequate check upon the administration of
delegated powers “if the major rules and regulations of the agencies
were submitted to Congress under a provisional order system. Under
this system they would become effective after a certain time, unless
negatived by Congress.”[612] This would in effect adapt to American
purposes the provisions of the British Statutory Instrument Act of
1946, requiring that important administrative rules and regulations
issued under delegatory statutes be submitted to the Parliament, where
they would be reviewed by a “Scrutiny Committee” of the Commons.
The resultant veto power might be exercised in a number of ways. A
congressional committee might be given power to scrutinize and report
on such rules and regulations, or delegated a final power to approve
or disapprove. We have earlier noted the extent to which Congress has
equipped committees with a power to review and approve or disapprove
administrative action.
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