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
_Action Upon Receipt of Prior Approval_: We have already employed, in
another context, the provision of the War Risk Insurance Act of 1950,
which hinged action by the Secretary of Commerce to the prior approval
of the President.[682] The Defense Production Act of 1950 exempted
from anti-trust prosecution business agreements made pursuant to the
request of the President. The President was given a limited authority
to delegate this power to subordinate officials, but only upon the
condition that such officials consult with the Attorney General and
with the Chairman of the Federal Trade Commission not less than ten
days before making any request or finding thereunder. In addition,
the request was to be subject to the prior approval of the Attorney
General.[683] In August, 1950, Congress legislated on the matter of
termination of government employment for security reasons. Persons
whose employment was thus terminated might be employed elsewhere in the
government only if the Civil Service Commission approved a request
coming from the individual or the prospective employing agency.[684]
The Rubber Producing Facilities Disposal Commission was directed to
“consult and advise with the Attorney General” concerning the disposal
of such facilities. The 1953 statute creating the Commission required
that its report to Congress, suggesting an appropriate manner of
disposing of government-owned producing facilities, be submitted first
to the Attorney General who would advise the Commission “whether, in
his opinion, the proposed disposition would violate the anti-trust
laws.” His findings approving the proposed disposals were to be
appended to the report which the Commission made to Congress. Thus,
in effect, the Commission was gently admonished to bring in a report
bearing the Attorney General’s approval.[685]
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