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
_Must Act in Conformance With Request_: The next group of statutes
compel the administrator to accept and to act in accordance with
recommendations or requests coming from a source beyond his agency.
The Foreign Agents Registration Act of 1938, as amended in 1942,
permitted certain exemptions from its registration provisions. The
Attorney General might, after notice to the employing government or
the person concerned, and with the approval of the Secretary of State,
terminate in whole or in part an exemption from registration granted
to United States residents who were employees of a foreign government.
When the Secretary of State initiated a request for termination of an
exemption, the Attorney General had to comply with the request.[686]
The Second War Powers Act of 1942 contained a provision for the waiving
of navigation and inspection laws under certain conditions. The head
of each department or agency responsible for the administration of the
navigation and vessel inspection laws was directed to waive compliance
of such laws upon the request of the Secretary of the Navy or the
Secretary of War to the extent believed necessary in the conduct of the
war by the officer making the request.[687]
The discretion of federal jurists has to some extent been subjected
to constriction by the executive. The Secretary of the Navy was given
power, in a July, 1944, statute, to certify to federal courts that
pending suits arising out of damage caused by naval vessels or towage
or salvage services to naval vessels would, if tried, tend to endanger
the security of naval operations. Upon receiving such a certification,
the federal court having jurisdiction in the case was required to stay
further proceedings until six months after the cessation of hostilities
or such earlier date as the Secretary of the Navy might set.[688]
Congress, in February, 1952, took emergency action temporarily
suspending the import duty on lead. The Tariff Commission was to advise
the President at the end of any month in which the average market price
of lead delivered at New York had fallen below eighteen cents per
pound, “and the President shall, by proclamation, not later than twenty
days after he has been so advised by the Tariff Commission, revoke such
suspension of the duties.”[689] In June, 1952, the President issued a
proclamation under this Act, revoking the suspension of the duty.[690]
Public-domain text, read in full here on John Shaqi.
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