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
This chapter is addressed to the basic questions going to the nature of
emergency--intensity, variety, perception. The remaining parts of this
study respond to the other questions posed above.
EMERGENCIES VARY IN INTENSITY
The executive and the legislature certainly appear to think in terms
of a scale of intensity when they declare emergencies. We might,
perhaps, project our listing from the shadow land verging upon or
falling just short of emergency. A Presidential Proclamation of 1934
speaks of regulations justified by the existence of “exceptional and
exigent circumstances.”[57] The Central Intelligence Agency Act of 1949
uses the terms extraordinary and emergency interchangeably, speaking
of expenditure of unaudited funds “for objects of a confidential,
extraordinary, or emergency nature.”[58] The simple declaration “that a
national emergency exists,”[59] contained in the President’s September
8, 1939 Proclamation of a neutrality emergency, will serve as well
as any other enactment as a characteristic example of the scale of
intensity necessary to declare a national emergency.
Beyond this intensity of emergency, Congress has addressed itself
to “distressed” emergencies,[60] “serious” emergencies,[61]
“intensified” emergencies,[62] “unprecedented” emergencies,[63] “acute”
emergencies,[64] and at the outer extreme, “unlimited” emergencies.[65]
VARIETIES OF EMERGENCY
Emergencies, as perceived by legislature or executive in the United
States since 1933, have been occasioned by a wide range of situations,
classifiable under three principal heads: a. economic, b. natural
disaster, and c. national security.
ECONOMIC EMERGENCIES
_Depression_: President Roosevelt in declaring a bank holiday a few
days after taking office in 1933 proclaimed that “heavy and unwarranted
withdrawals of gold and currency from ... banking institutions for the
purpose of hoarding; and ... continuous and increasingly extensive
speculative activity abroad in foreign exchange” resulting in “severe
drains on the Nation’s stocks of gold ... have created a national
emergency,” requiring his action.[66] The Bank Conservation Act, passed
a few days later gave the President plenary power in time of war or
during any other period of “national emergency” to control transactions
in foreign exchange, transfers of payment, and prevention of hoarding.
It also declared “that a serious emergency exists and that it is
imperatively necessary speedily to put into effect remedies of uniform
national application.”[67] Later in March, in permitting Federal
Reserve Bank loans to state banks and trust companies, Congress made
specific reference to the existing emergency in banking.[68]
Public-domain text, read in full here on John Shaqi.
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