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 Philippine War Damage Commission was created in 1946 and assigned
the task of making compensation for war damage to private property in
the Philippines. The Commission was required so far as practicable
to give consideration to the recommendations of the Filipino
Rehabilitation Commission created in an earlier act. But, said
Congress, the Commission was not required to await, or be bound by such
recommendations.[667]
COMMUNICATION RELATED TO FRAMING OF A PARTICULAR DECISION
The foregoing advice and consultation provisions fall short of setting
the requirement in a specific action context. They seem to have the
objective of maximizing the likelihood that interested official and
private groups will have the opportunity to influence program content.
At the same time they imply or categorically state that the action
agency need not be guided by such advice. It is not patently clear
in any instance that the administrator must defer action until after
consultation; and, of course, in one instance he is specifically
advised that he is free of such a requirement.
The statutes referred to below clearly link the prescribed advice or
consultation to the taking of specified action by the administrator. In
some instances he must advise with others prior to taking action, but
is not required to follow the advice. In others he is enabled but not
required to act upon receipt of a report or information from another
agency. An occasional statute will require not only consultation,
but the making of specific findings precedent to exercising powers
delegated by Congress. The administrator will sometimes find himself in
a position in which he may take certain action only if it is acceptable
to, or meets the approval of, other groups. And, carrying us to the
end of this progression, we have the statutory requirement that the
administrator act in conformance with advice received.
_Must Seek Advice Prior to Acting_: A June, 1934 amendment to the
Tariff Act of 1930 sought to assist recovery from “the present
emergency in restoring the American standard of living” by authorizing
the President to enter into reciprocal trade agreements for the
relaxation of duties and import restrictions.[668] Prior to concluding
individual agreements, however, the President had to seek information
and advice with respect thereto from the United States Tariff
Commission, the Departments of State, Agriculture, and Commerce and
from such other sources as he deemed appropriate. The advice need not
be followed, but it must be sought precedent to concluding a reciprocal
trade agreement. The 1934 grant of power to the President to prohibit
the sale of arms to participants in the Chaco War made the exercise of
that power contingent upon prior consultation with governments of other
American Republics.[669]
Public-domain text, read in full here on John Shaqi.
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