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
Similarly, in granting the President power, in March, 1941 to authorize
the transfer of American military equipment to the government of any
country whose defense the President considered vital to the defense
of the United States, Congress specified that no defense article not
manufactured for such a foreign power might be disposed of except
after consultation with the Chief of Staff of the Army or the Chief
of Naval Operations of the Navy, or both.[670] The War Risk Insurance
Act of 1950 permitted the Secretary of Commerce “with the approval of
the President, and after such consultation with interested agencies of
the Government as the President may require,” to “provide insurance
and reinsurance against loss or damage” of American merchant vessels
“by war risks.”[671] In 1950 security provisions were added to the
Civil Aeronautics Act of 1938. Among these was an authorization for the
Secretary of Commerce to establish zones or areas in the airspace above
the United States as he found necessary in the interests of national
security. Having established such spaces, he might, “after consultation
with the Department of Defense and the Civil Aeronautics Board ...
prohibit or restrict flights of aircraft” within them.[672]
These statutes simply open up the channels of communication and
insist that they be used prior to the taking of action. They do not
explicitly require the administrator to accept proffered advice, and
whatever effect they have upon his freedom of discretion is subtle and
impalpable.
_May Act on Receipt of Advice or Request_: The 1937 statute extending
the life of the Reconstruction Finance Corporation permitted the
Board of Directors of the Corporation to report to the President that
private credit was sufficiently available from private sources to meet
legitimate demands of any class of eligible borrowers, whereupon the
President might authorize the directors to suspend lending to that
class.[673] Here, in effect, the Board of Directors of the RFC was
given power to report (recommend) and thereby enable presidential
action. The 1947 surplus property act authorized the disposal agency,
upon the request of the Administrator of Civil Aeronautics, the
Secretary of War, or the Secretary of the Navy to omit any of the
terms, or conditions for the transfer of title to such property.[674]
The agency granted a dispensing power which it was enabled to exercise
upon receipt of a request from specified officials.
The first of these two statutes enabled the President to act after
the RFC had made what amounted to a finding. In this, it is similar
to the Nationality Act of 1940, which provided that the President
might, in his discretion, exempt certain aliens in the United States
from the classification of alien enemy, provided the Department of
Justice investigated and established the loyalty of the alien.[675] A
Department of Justice finding of loyalty enables but does not compel
the President to act.
Public-domain text, read in full here on John Shaqi.
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