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 study of administration proceeds within the framework of a taxonomy
of human relationships, the breadth and content of which remain
fluid. In large measure, when we speak of law we refer to a socially
prescribed and sanctioned taxonomy of human relations. The analysis
offered in this chapter is grounded upon the premise that clarification
and refinement of a taxonomy of administrative relationships
may result from the study of legislative enactments prescribing
relationships between administrative agencies. It also reflects the
supposition that at a time when the behavioral or human-relations
approach to the study of administration is in ascendancy, such a review
may provide an essential foundation for the contrasting of formality
and actuality which is one of the characteristics of behaviorism.
In the following pages we record and classify various kinds of
inter-agency relationship prescribed by statute. We have attempted to
employ the inductive approach, permitting the categories and gradations
of relationship to emerge from the materials. But we are not unaware of
the inevitable intermixture of the _a priori_.
When fashioning economic regulatory legislation, Congress must heed
the complexity of the industrial society to which the controls are to
be applied, and of the bureaucracy through which regulation is to be
accomplished. It will be possible to realize the legislative purpose
only if the active co-operation and help of a wide variety of official
agencies and private groups can be enlisted. And these must include the
groups to be regulated.[659]
Thus it is not surprising to find, upon examining a large number of
emergency regulatory statutes enacted during the last twenty-five
years, that they contain many provisions detailing the relationships
which should prevail between the administering agencies and other
groups, official, semiofficial, or private. Such provisions establish
a variety of rights and obligations. They may have the effect of
enlarging or constricting the discretion of a particular agency to
interpret and pursue legislative policy goals. In the pages which
follow we attempt to sort out and categorize such provisions.
The confusing medley of statutory provisions for kinds and gradations
of inter-agency relationship is perhaps best reduced to order by
invoking the image of three overlapping spheres.
[Illustration:
permissive or
mandatory
solicitation
or receipt
or advice of
a nonbinding
nature
mandatory
performance in
accordance with
instruction of
another agency
joint pursuit
of policy goals
by co-ordinate
agencies
]
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