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 center sphere, into which and from which the others spill,
represents the kind of inter-agency relationship in which one agency
performs a mandatory, nondiscretionary function at the direction or
“request” of another. Flowing into it, from the left, is the sphere in
which agencies are permitted or compelled to receive advice from, to
consult or confer with others, but are under no obligation to follow
the advice received. The third sphere is that in which two or more
co-ordinate agencies share active responsibility and authority for the
pursuit of a common policy goal.
If the interagency relationships provided for by statute are scaled
according to the binding quality of the advice received by one agency
from another or according to the degree to which two or more agencies
share authority and responsibility for program administration subtle
nuances of interagency relationship are revealed. Advice received may
be purely of an informative and nonbinding nature, or the statute may
be so worded as to indicate that “advice” from one agency to another
amounts virtually to direction. In the sharing of program authority
and responsibility, one agency may perform ministerial functions at
the direction or “request” of another, or, at the opposite extreme,
interagency personnel, judgment, and resources may be fused toward the
accomplishment of a common goal.
COMMUNICATION
Herbert A. Simon’s definition of communication “as any process whereby
decisional premises are transmitted from one member of an organization
to another,”[660] generally describes the kinds of legislative
provisions which will be reviewed in this section, with the exception
that we are here concerned with the transmission of decisional premises
from one agency to another. The transmission may be permissive or
mandatory. The information or advice conveyed may or may not be related
to the framing of a particular decision; it may or may not be binding
upon the recipient agency.
COMMUNICATION UNRELATED TO THE FRAMING OF A PARTICULAR DECISION
_Permissive Consultation_: Provisions for communication are perhaps
seen in their mildest form in the Foreign Agents Registration Act of
1938, which established the right, although clearly not the duty, of
the Secretary of the Treasury and the Postmaster General to accede
to the request of the Librarian of Congress that they provide the
librarian with copies of foreign printed matter excluded from the
United States under congressional statutes.[661]
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