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
Remaining for consideration is the utilization of the concurrent
resolution to enable Congress to achieve a more intimate participation
in the administration of selected programs, principally in the field
of immigration and naturalization. In the Alien Registration Act of
1940[629] Congress provided for the deportation of additional classes
of aliens. Aliens of proved good moral character might have deportation
suspended under certain conditions at the discretion of the Attorney
General. However, if deportation were suspended for more than six
months, all of the facts and pertinent provisions of law in the case
must be reported to the Congress within ten days after the beginning
of its next regular session, with the reasons for such suspension.
If during that session the two Houses pass a concurrent resolution
stating in substance that the Congress does not favor the suspension
of such deportation, the Attorney General is required to carry out the
deportation as provided by law. If, however, during that session the
two Houses fail to pass such a resolution, the Attorney General is
required to cancel deportation proceedings at the end of the session.
In subsequent legislation Congress reserved the right by concurrent
resolution to suspend deportation of aliens or to grant permanent
residence,[630] and a considerable proportion of the concurrent
resolutions enacted each year now constitute directives to the Attorney
General in this regard.[631]
The Rubber Producing Facilities Disposal Act of 1953[632] set up a
Rubber Producing Facilities Disposal Commission and authorized it to
enter into contracts for disposal of federally held rubber producing
facilities. The Commission was to report to Congress in considerable
detail on the negotiations and the contents of the contracts. The
report had to be submitted to both Houses of Congress on the same day.
Upon the expiration of sixty days of continuous session of the Congress
following the date upon which the report was submitted to it, the
Commission was free to proceed to carry out the contracts and proposals
as outlined in its report, but only to the extent that such contracts
and proposals had not been disapproved by either House of Congress by
a resolution during the sixty-day period. Congress in recent years
also has asserted the right by concurrent resolution to “declare ...
that the period of active service required of any age group” under the
Universal Military Training and Service Act “should be decreased ... or
... should be eliminated.”[633]
USE OF CONCURRENT RESOLUTION PROVISIONS TO CHECK ADMINISTRATIVE ACTION
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