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
“... Petitioner here contests the findings that the continuation of
the strike would imperil the national health and safety. The parties
dispute the meaning of the statutory term ‘national health’; the
Government insists that the term comprehends the country’s general
well-being, its economic health; petitioner urges that simply the
physical health of the citizenry is meant. We need not resolve this
question, for we think the judgment ... is amply supported on the
ground that the strike imperils the national safety. Here we rely upon
the evidence of the strike’s effect on specific defense projects; we
need not pass on the Government’s contention that ‘national safety’ in
this context should be given a broader construction and application.
“... The statute was designed to provide a public remedy in times of
emergency; we cannot construe it to require that the United States
either formulate a reorganization of the affected industry to satisfy
its defense needs without the complete reopening of closed facilities,
or demonstrate in court the unfeasibility of such a reorganization.
There is no room in the statute for this requirement which the
petitioner seeks to impose on the Government.”[812]
The steel strike was finally settled on January 4, 1960, following
all-night negotiations between the Vice-President, the Secretary of
Labor, representatives of the steel companies and representatives
of the steel companies and representatives of the steelworker’s
union. Vice-President Nixon and Secretary of Labor Mitchell, acting
under instructions from President Eisenhower, had been conducting
negotiations for several weeks with the parties to the dispute.
While all parties involved were gratified to have this long and costly
strike ended, the method of settlement does not confirm the efficacy of
the emergency provision of the Taft-Hartley Act. Indeed, it is further
confirmation of the fact that the American approach to emergency powers
has imposed upon successive executives, not only the incentive, but
the absolute need to resort to extra-statutory means for settling
emergencies.
CHAPTER XI CONCLUSIONS
The doctrine of constitutional dictatorship is inappropriate for
analysis of the problem of democratic response to emergency.
Judicial review of a chief executive’s finding that an emergency
exists amounts to involvement of Supreme Court Justices in a genre
of decision-making which should more properly be performed by the
President and Congress, although the 1959 Steel Seizure decision
reveals the effective role which the Supreme Court may play in holding
the President to the forms of emergency action prescribed by the
Congress, if the Congress has so prescribed them.
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