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 Secretary of War was granted power in 1941 to remove any officer
from the active list of the Regular Army for such causes and under such
regulations as he might prescribe. He could not exercise this power in
individual cases, however, until the officer had been recommended for
removal by a board of not less than five general officers convened for
this purpose by the Secretary of War.[676]
_Action on Making an Independent Finding_: At least two of the statutes
covered in this survey required the President not only to consult, or
to receive recommendations prior to taking action, but in addition,
to make an explicit finding of fact. The India Emergency Food Aid Act
of 1951 permitted the President, after consultation with appropriate
Government officials and representatives of private shipping, and
after finding and proclaiming that private shipping was not available
on reasonable terms and conditions for transportation of supplies
made available under Act, to provide for carriage in government-owned
ships.[677] Four days after signing the Act, the President proclaimed
that he had consulted with public officials and private shipping
representatives, and had found it necessary to use government
ships.[678] The 1951 amendments to the Universal Military Training and
Service Act authorized the President “upon finding by him that such
action is justified by the strength of the Armed Forces in the light of
international conditions,” and “upon recommendation of the Secretary
of Defense” to decrease or eliminate periods of compulsory military
service.[679]
The remaining statutes, in varying degree, subject administrative
decision-making to external controls.
_Action if Acceptable to Others_: Congress in 1935 imposed, for three
years, limitations upon imports of Philippine yams, twines, cables,
and other fibers. The limitation was subject to continuance for an
additional three years by presidential proclamation, provided such
extension was acceptable to the President of the Commonwealth.[680]
Such an extension was made by a proclamation of January, 1938, in
which the President recited that “the President of the Commonwealth
of the Philippines has indicated to me ... his acceptance of an
extension of the operation of that Act for an additional period
of three years.”[681] Unlike the earlier statutes which require
consultation prior to action, or sometimes permit action only following
recommendation and findings, here the substance of the President’s
action is subject to approval from a source external to the presidency.
Public-domain text, read in full here on John Shaqi.
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