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 converse of these arrangements whereby an administrator is
compelled to take prescribed action upon the request, or upon a finding
of others, is the situation in which he may be barred from taking
contemplated action, in consequence of a request or finding coming from
another agency. Our final illustration falls into this bracket. The
President was permitted by the Export Control Act of 1949 to “prohibit
or curtail the exportation from the United States ... of any articles,
materials, or supplies, including technical data.” But he could not
exercise this power “with respect to any agricultural commodity,
including fats and oils, during any period for which the supply of such
commodity is determined by the Secretary of Agriculture to be in excess
of the requirements of the domestic economy.”[691]
INTEGRATIVE RELATIONSHIPS
The statutory provisions enumerated above have the apparent objective
of facilitating communication between agencies or introducing checks
and balances--contrived frustrations--into the administrative process.
At the least intense end of the scale is permissive interagency
communication; gradually the relating of interagency communication and
agency action intensifies until the point is reached at which an agency
may exercise a delegated power only upon clearance with another agency,
or is compelled to exercise it upon the direction of another. However,
the relationship between agencies is communicative, and they do not by
statute have joint responsibility for decision-making or day-to-day
program development and execution.
The broad group of statutes to which we now turn attempts to distribute
among a number of agencies responsibility and authority for joint
decision-making and action. The resources and judgment of many
agencies may be focused on one program, or a system may be set up for
co-ordinating the activities of many agencies toward the attainment of
broad policy goals. The kind of interagency relationship contemplated
by Congress appears to be more active and positive, more a harnessing
of equals, than those which we have thus far reviewed.[692]
Four principal categories of statutory provisions may be distinguished
under this general head. Some aim at joint decision-making by
two or more agencies. Others enjoin agencies to “co-operate” in
the administration of a given program. A third group establishes
mutual assistance arrangements among agencies. Finally, we have
those statutory provisions which seek co-ordination of interagency
activities.[693]
JOINT DECISION-MAKING
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