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
Some statutes, on the other hand, identify emergency with the causal
phenomena instead of their product. The National Industrial Recovery
Act, for example, simply declared that a national emergency existed.
This emergency, according to the statute was productive of widespread
unemployment and disorganization of industry, which burdened interstate
and foreign commerce, affected the public welfare, and undermined the
standards of living of the American people.[76]
The Securities Exchange Act of 1934 found that national emergencies,
which produced widespread unemployment and the dislocation of
trade, transportation, and industry, burdened interstate commerce
and adversely affected the general welfare, were “precipitated,
intensified, and prolonged by manipulation and sudden and unreasonable
fluctuations of security prices and by excessive speculation on such
exchanges and markets.”[77] In these two statutes the term emergency
is first used in a context associating it with causal agency, and
secondly as something intermediate between the causal agents and the
disagreeable ultimate effects.
While calling attention to the occasionally variable usage of the term
emergency, we by no means intend to develop a metaphysics of emergency
in order to settle the question whether it is rightfully applied
to cause, effect, or something intermediate. We are satisfied to
accept the overwhelming legislative tendency to apply the term to the
undesired effects of events, attributing variant usages to imprecise
draftmanship.
At this point it is appropriate to indicate that many statutes (some
of which are described here; some of which, for sake of brevity or
avoiding the redundant, are not) either declare the existence of,
or describe action to be taken in the event of the occurrence of,
a situation which by other statutes has been termed an emergency.
Statutes in this category, describing the situation but refraining from
applying the term emergency to them, are illustrated by the following:
A Tariff Act amendment of June 1934 gives the President the power
to curtail imports if he finds that existing duties or other import
restrictions of the United States or any foreign country burden and
restrict the foreign trade of the United States.[78] The Securities
Exchange Act associates emergency, among other things, with the
burdening of interstate and foreign commerce.
Did Congress intend the Tariff Act Amendment as an emergency statute?
At that particular time, probably not. But later amendments to the
Tariff Act specifically refer to emergency conditions affecting the
American fisheries industry. We do not believe it is necessary to
ferret out the precise Congressional intent in Acts which do not
explicitly use the term emergency or describe the object of correcting
legislation in terms which clearly reflect Congress’ finding that an
emergency exists.
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