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
In the present volume the authors describe and comment upon the use of
emergency power in the United States since 1933. It is their contention
that the use of emergency power was contemplated and provided for in
the Constitution. The law also provides restraints upon its use. As
Professor McIlwain has concluded, the proper test of constitutionalism
is the existence of adequate processes for keeping government
responsible. It is comforting to know that these processes exist within
our government. The primary requirement of all Americans, then, is to
keep government responsible and within these limitations, for only
when this is done can emergency power be justified under the law of the
land.
The always present danger is that emergency power may be used by
an officer or an agency of the government in order to have its own
way when constitutional or other legal restrictions might irritate
or interfere. This danger can be lessened by the selection of good
governmental personnel, but removed to a greater degree by the
enforcement of these constitutional and statutory limitations which are
made effective at times by resort to judicial review.
Readers will be indebted to the authors for this first exhaustive
account of the actual use of emergency power by the United States
government since 1933. The restraint on the freedom of the individual,
the regulation of private enterprise, the control of communications are
but some of the topics that receive minute and careful treatment. Some
readers will be concerned with the frequency of the resort to emergency
power and will view with uneasiness, as does this writer, the possible
curtailment of individual rights. Yet the authors would be the first to
agree with the statement that, “Freedom and civil liberties, far from
being incompatible with security, are vital to our national strength.”
Security and rights are here made interdependent. Others will take
satisfaction in the flexibility of the United States government that
can maintain its democratic character and still have the means of
preserving its existence under the tremendous pressure of a world war
and periods of economic crises. Irrespective of attitude, the present
volume is a telling account of the manner in which the government of
the United States has been made adaptable under the Constitution to the
problems and exigencies of the modern world.
ROBERT S. RANKIN
_Washington, D. C._
PREFACE
A preface is a kind of last call to dinner, as it were, in which the
authors suggest the purpose of their undertaking, chart the course they
have chosen to pursue, and acknowledge the help they have received.
Public-domain text, read in full here on John Shaqi.
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