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 studies referred to include: Edward S. Corwin, _The President:
Office and Powers_ (New York: New York University Press, 3rd ed.,
1948); and _Total War and the Constitution_ (New York: Knopf, 1947);
Clarence Berdahl, _War Powers of the Executive in the United States_,
(Urbana: University of Illinois Press, 1921); Clinton L. Rossiter,
_Constitutional Dictatorship_ (Princeton: Princeton University Press,
1948) and _The Supreme Court and the Commander in Chief_ (Ithaca:
Cornell University Press, 1951); Wilfred E. Binkley, _President and
Congress_ (New York: Knopf, 1947); Bennett M. Rich, _The President
and Civil Disorder_ (Washington, D. C.: Brookings, 1941); Louis W.
Koenig, _The Presidency and the Crisis_ (New York: King’s Crown Press,
1944); John W. Burgess, Ch. XXVIII, vol. 2, _The Civil War and the
Constitution_ (New York: Scribners, 1901); James Hart, _The Ordinance
Making Powers of the President of the United States_ (Baltimore: Johns
Hopkins Press, 1925); James G. Randall, _Constitutional Problems Under
Lincoln_, rev. ed. (Urbana: University of Illinois Press, 1951); and
a recent article by Albert L. Sturm, “Emergencies and the President,”
11 _Journal of Politics_, 121, 1949, in which he says, “Lincoln’s
precedents have afforded warrant for his aggressive successors to
meet extraordinary needs with extraordinary remedies, despite their
doubtful constitutionality.” Perhaps as broad a claim to an executive
prerogative as has been made in the United States is that which Lucius
Wilmerding, Jr., bases upon his study of _The Spending Power_ (New
Haven: Yale University Press, 1943): “There are certain circumstances
which constitute a law of necessity and self-preservation and which
render the _salus populi_ supreme over the written law. The officer who
is called to act upon this superior ground does indeed risk himself
on the justice of the controlling powers of the Constitution, but his
station makes it his duty to incur that risk.” p. 12.
[8] Edward S. Corwin strongly emphasizes that incident in his _The
President: Office and Powers_ (New York: New York University Press, 3rd
ed., 1948), pp. 303-6.
[9] This is the doctrine which would seem to emerge from _Youngstown
Sheet and Tube Co. v. Sawyer_, 343 U. S. 579 (1952), in which the Court
rejected contentions on behalf of President Truman that he enjoyed
an “inherent” emergency power to seize private industry in time of
emergency occasioned by work stoppages.
[10] This study should not be interpreted as an effort to catalog
exhaustively _existing_ delegations of emergency powers to the
President. Statutes of the era 1933 to 1955 are analyzed without regard
to their present status as expired or in force.
CHAPTER II
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