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
A survey of the statute books from 1939 through 1954 reveals few
instances of congressional employment of the device of the concurrent
resolution so thoughtfully included in delegatory statutes. However,
the _Congressional Record_ for the same period bears evidence of
repeated effort on the part of members of the legislature to influence
the administration of delegatory statutes through concurrent or, in
some instances, the simple resolution.
_Terminating Powers:_ Legislative efforts to terminate statutes
by concurrent resolution prove anticlimactic in view of the many
instances in which the power to accomplish this was included in the
delegatory statute. The statute which provoked the most vigorous and
persistent effort at termination by concurrent resolution was that of
January 20, 1942, establishing daylight saving time.[634] From 1943
through 1945 some twenty-four concurrent resolutions were introduced to
terminate the effect of the Daylight Savings Act.[635] None of these
concurrent resolutions survived committee screening.
In 1941 a House concurrent resolution abrogating the authority of the
President to provide aid to Russia under the Lend-Lease Act died in
the Foreign Relations Committee.[636] The appropriate provision of
the Lend-Lease Act provided in general terms for termination of the
lend-lease authority upon adoption of a concurrent resolution by both
Houses.[637] The Act did not provide for suspension by concurrent
resolution of authority to aid specified countries and the resolution
probably sought to exercise a power which Congress had not reserved to
itself in the Act.
Pressure to terminate war controls intensified following the September
2, 1945, signing of the Japanese instrument of surrender. On September
14, House Concurrent Resolution 84 was introduced, “to terminate the
effectiveness of certain provisions of the Second War Power Act, 1942.”
Section 1501 of the Act provided for termination of certain of the
Titles of the Act by concurrent resolution.[638] The resolution did not
emerge from the Judiciary Committee, to which it was referred. Another
unsuccessful effort was made to invoke the concurrent resolution
provisions of the Act two years later.[639] The year following
termination of hostilities saw a short-lived effort to terminate by
concurrent resolution a statute which did not incorporate provision to
this effect.[640]
Some ten additional concurrent resolutions were introduced in the two
years succeeding 1945, the effect of which would have been formal
termination of the state of hostilities to which the lives of various
statutes had been hinged.[641] None of the resolutions emerged from
committee.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account