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
Instances in which Congress reserves the right by concurrent resolution
to declare terminated the conditions authorizing executive action are
fewer. In a 1941 statute the Secretary of the Navy was authorized to
establish a plant protection force for naval shore establishments and
to maintain and operate this force until June 30, 1943, unless Congress
at an earlier date, by concurrent resolution, declared such force no
longer necessary.[619] A 1942 amendment to the Communications Act of
1934 gave the President certain powers to control wire communication
facilities upon proclamation by the President that a state or threat of
war exists involving the United States. The President’s powers in this
respect were to end not later than six months after the termination of
such state or threat of war and not later than such earlier date as
the Congress by concurrent resolution may designate.[620] In defining
national emergency for purposes of the Federal Civil Defense Act of
1950,[621] Congress stipulated that “the provisions of this title shall
be operative only during the existence of a state of civil defense
emergency.... The existence of such emergency may be proclaimed by the
President or by concurrent resolution of the Congress if the President
in such proclamation, or the Congress in such resolution, finds that an
attack upon the United States has occurred or is anticipated and that
the national safety therefore requires an invocation of the provisions
of this title.” Congress also has reserved the right, although not on
an exclusive basis, to determine by concurrent resolution the “dates of
commencement and termination of an armed conflict.”[622]
_Enabling or Requiring Executive Action_: An example of the use of the
concurrent resolution as an enabling device is the provision of the
Neutrality Act of 1939,[623] which imposed rigorous limitations upon
United States carriage to belligerents “whenever the President, or the
Congress by concurrent resolution, shall find that there exists a state
of war between foreign states.”
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