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 recurrent trouble which the nation has confronted in taking timely
and effective emergency action at the national level stems from the
existence on the statute books of a confusing array of provisions for
the declaration of various kinds of emergency, and the excessively
precise definition of the techniques which must be employed in coping
with the emergency. This invites efforts at evasion of statutory
limitations as in the instance of the 1952 steel strike, or requires
recurrent special legislation dealing with successive particularized
emergencies. Also, in forewarning the private parties in dispute, in
the case of a strike, of the precise time-table and program of action
to which the executive must adhere, it may lessen their incentive to
settle the dispute, for the course of action prescribed by statute may,
depending upon the situation, strengthen the bargaining position of one
of the disputants.
The recent use of the concurrent resolution in Congress provides a key
to the means for equipping the President with the broad discretion
he should have to identify conditions warranting emergency action,
and to select the appropriate tools to deal with an emergency, while
simultaneously keeping him under Congressional surveillance and control.
We propose a generic statute to empower the President to proclaim a
national or regional emergency. Under such a proclamation the President
may issue rules and regulations which have the force of law. A
proclamation of emergency would be placed before the Congress within
twenty-four hours of its issuance. If Congress were not in session,
it would be called into session within five days from the time of the
declaration of emergency. The proclamation of emergency would stand
unless revoked by concurrent resolution by both Houses of Congress
within five days of Congress’ coming into special session.
The rules and regulations issued under the proclamation would be
similarly subject to revocation by concurrent resolution and Congress
should possess the item veto in this respect; i.e., it may revoke one
rule, while permitting others to stand. An emergency proclamation and
regulations issued under it, would automatically expire after thirty
days, but would be subject to reissuance by the President, provided
the Congress concurred. Congress, upon the issuance of an emergency
proclamation would establish a scrutiny committee on emergency powers,
patterned after the Joint Committee on Atomic Energy. Congress would
maintain continuous scrutiny of the administration of powers exercised
under the proclamation. The Committee’s primary responsibility would
be to keep Congress sufficiently advised as to whether powers had been
responsibly administered.
There is nothing novel about this proposal. The British have operated
under similar statutes in peace and war for fifty years with a record
of great success in two respects:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account