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
Congress will not infrequently require or enable one agency, on an
interim or continuing basis, to come to the assistance of another in
the execution of its program. This may take the form of providing
money, material, facilities, or service to the agency. It is a kind of
mutual assistance program within the executive branch.
The Reconstruction Finance Corporation, for example, was occasionally
treated by Congress as a source of credit to enable agencies to
launch authorized programs immediately after enactment, and thus
avoid the delays which attend appropriation of funds for authorized
programs. The Far Eastern Economic Assistance Act of 1950 authorized
the appropriation to the President of sixty million dollars to enable
the Economic Co-operation Administration to furnish assistance to the
Republic of Korea. As a way of getting the program started at once,
the Reconstruction Finance Corporation was authorized and directed to
make advances not to exceed thirty million dollars in the aggregate,
until the regular appropriation was available.[706] It can readily be
seen that this device might be employed not only to avoid the normal
delays of the appropriations process, but to circumvent or nullify the
obstructive tactics of an unfriendly appropriations subcommittee.
The India Emergency Food Aid Act of 1951 contained a similar provision.
If the President, after consultation with public and private shipping
officials, found that private shipping was not available to carry
American food to India on reasonable terms and conditions, the
Reconstruction Finance Corporation was authorized and directed to
make advances not to exceed in the aggregate twenty million dollars
to the Department of Commerce for activation of vessels for such
transportation.[707]
Other mutual assistance provisions enable or require agencies to
produce or procure goods or services for other agencies under
certain conditions. The Tennessee Valley Authority Act required the
Corporation, upon the requisition of the Secretary of War or the
Secretary of the Navy to manufacture for and sell at cost to the United
States explosives or their nitrogenous content. Upon the requisition
of the Secretary of War the Corporation was to allot and deliver
without charge to the War Department whatever power was necessary in
the judgment of the Department for use in operation of all locks,
lifts, and other facilities in aid of navigation.[708] The Helium Gas
Act of 1937 permitted the Army, Navy, and other government agencies to
requisition helium from the Bureau of Mines, which agency was charged
with responsibility for the production of helium.[709]
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