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
Congress appears to have pursued a variety of objectives in
incorporating within delegatory statutes a power to influence or
control administration through concurrent or simple resolution. (a)
In some instances it has reserved power to terminate a statute or
program by concurrent resolution. (b) It has asserted power to enable
or require executive action by concurrent resolution. (c) Finally,
it has made administrative exercise of delegated power subject
to congressional approval or disapproval by concurrent or simple
resolution. The forty odd delegatory statutes noted in the course of
this study, which reserve to Congress the right to influence or limit
administrative action by simple or concurrent resolution, will be
discussed in this order.
_Terminating Programs_: Use of the concurrent resolution for the
express purpose of terminating legislative delegations of power to the
executive branch may take two forms: (a) congressional reservation
of a power to repeal the authorizing statute, or (b) congressional
reservation of the right, by concurrent resolution, to declare an end
to the particular conditions under which the President is empowered to
take action. Exercise of congressional power to repeal by concurrent
resolution generally has been expressed as follows: “The provisions
of this Act, ... shall terminate on June 30, 1943, or upon the date
of a proclamation by the President, or upon the date specified in a
concurrent resolution ...”[616] A similar provision is contained in at
least twenty-three emergency statutes enacted since 1941 and listed
below.[617] The Mutual Defense Assistance Act of 1949 secured to the
Congress a form of item veto through reserving to it the power by
concurrent resolution to terminate assistance to any nation under the
Act.[618]
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