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
If such is the basic nature of constitutionalism, it does not wrap
government in the steel bonds of a series of substantive limitations,
or compartmentalize power in discrete units.[52] The true nature of
the issue which emergency presents for constitutional governments
may then be recognized: It is the two-pronged problem of determining
the extent to which the objectives of human action shall be socially
defined and achieved or self-determined by the individual or group;[53]
and, correlatively, that of balancing, through adequate legislative,
administrative and judicial checks, the increased discretionary powers
of the executive which accompany expanded governmental functions. It
is a matter of historical fact that modern constitutional democracies
have not, upon the rise of emergency conditions, found it necessary
to suspend constitutional processes, or to resort to the schemes for
organization of power hypothesized by those who hitherto have written
on the subject.
What the British, particularly, have come to recognize in the course
of the last five decades is that emergency governance is one form of
an acute and continuing problem in modern constitutional democracies:
that of allotting increasing areas of discretionary powers to the
executive, while insuring that such powers will be exercised with a
sense of political responsibility and under effective limitations
and checks.[54] In time of emergency, governmental action may vary
in breadth and intensity from more normal times, yet it need not be
less constitutional. In time of war as in peace government according
to the orderly procedure of the law, and government responsible to
the governed, has proven its ability to meet the needs imposed by the
accelerated tempo and the growing complexity of the twentieth century.
CHAPTER III THE CONCEPT OF EMERGENCY IN AMERICAN LEGISLATION
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