Powers of the President during crises — John Shaqi
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 Federal Emergency Relief Act of 1933 opened with a declaration that
the economic depression created a serious emergency, due to wide-spread
unemployment and the inadequacy of State and local relief funds,
resulting in the existing or threatened deprivation of a considerable
number of families and individuals of the necessities of life, and
making it imperative that the Federal Government cooperate more
effectively with the several States and Territories and the District of
Columbia in furnishing relief to their needy and distressed people.[69]
Here then was an emergency created by the inadequacy of previous effort
to cope with abnormal threats to the well-being of the population. The
Municipal Bankruptcy Act of May 24, 1934 also described the emergency
in terms which related it to the inability of local government
units to function properly. Congress declared a national emergency
existed, caused by the increasing financial difficulties of many local
governmental units, which rendered imperative “the further exercise of
the bankruptcy powers of the Congress.”[70]
On the same day that he signed the Emergency Relief Act, the President
also signed an Act describing another facet of the emergency. The
latter Act stated “the present acute economic emergency” was in
part the result of very low prices for farm products. The effect of
declining income for the American farmer had virtually destroyed
his purchasing power, thus undermining the agricultural assets
supporting the national credit structure.[71] The causal phenomena for
declarations of emergency were, according to the statutes, heavy and
unwarranted withdrawals of gold, severe drains on the Nation’s stocks
of gold, widespread unemployment, and a severe and increasing disparity
between the prices of agricultural and other commodities. Efforts to
meet the emergency situation were directed immediately to ameliorate
the existing emergency conditions and ultimately so alter the causal
phenomena as to eliminate the causes of the existing threat to national
well-being. The Gold Reserve Act of 1934 made passing reference to “the
existing emergency.”[72] The President in January 1936 proclaimed that
this emergency had not been terminated but, on the contrary, had been
intensified in different ways by unsettled conditions in international
commerce and finance and in foreign exchange.[73] As late as 1941
Congress continued certain of the powers delegated in the Gold Reserve
Act until June 1943 “unless the President shall sooner declare the
existing emergency ended.”[74]
In 1953 Congress authorized the President to declare the existence
of economic disaster in any area. Thereafter the Secretary of
Agriculture, on finding that an economic disaster had created a need
for agricultural credit that could not be met for a temporary period
from commercial banks or other responsible sources, might authorize
emergency loans to farmers.[75]
Public-domain text, read in full here on John Shaqi.
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