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
_The Legislative Veto_: The Reorganization Acts of 1939, 1945
and 1949[624] are also illustrations of the use of the simple
and concurrent resolution to effect approval or disapproval of
administrative action. All three Acts were designed to foster
reorganization to enable the government to cope with emergency
conditions, and the 1945 Act had the expressed purpose of facilitating
orderly transition from war to peace.[625] The 1939 Act stipulated that
the President’s reorganization plans were to take effect sixty calendar
days after the date on which the plan was transmitted to the Congress,
but only if during the sixty-day period the two Houses of Congress
had not passed a concurrent resolution stating in substance that the
Congress did not favor the reorganization plan. A similar provision was
contained in the 1945 Act, and on July 15, 1946 Congress, by concurrent
resolution, disapproved the President’s Reorganization Plan No. 1.[626]
The 1949 Act provided for a veto of Reorganization Plans by one house.
Under the latter, a reorganization plan becomes operative “upon the
expiration of the first period of sixty calendar days, of continuous
session of the Congress, following the date on which the plan is
transmitted to it; but only if, between the date of transmittal and
the expiration of such sixty-day period there has not been passed by
either of the two Houses, by the affirmative vote of a majority of the
authorized membership of that House, a resolution stating in substance
that the House does not favor the reorganization plan.”[627]
In a class by itself is the Federal Civil Defense Act of 1950, by
the terms of which the concurrent resolution may be employed to veto
interstate civil defense compacts.[628] The consent of the Congress
would be granted to each compact, after the termination of sixty
calendar days of continuous session of the Congress from the time
Congress first received notice of the compact. But Congressional
consent could be denied anytime during the sixty day period if Congress
passed a concurrent resolution stating that it did not approve the
compact.
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