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 like manner the Tobacco Control Act of 1934 was aimed at improving
conditions in the tobacco-growing industry by placing it on a sound
financial and economic basis and by eliminating unfair competition and
practices in the production and marketing of tobacco entering into
the channels of interstate and foreign commerce. Moreover the Act was
in general designed to “relieve the present emergency with respect to
tobacco.”[91] The Sugar Act of 1937 permitted the President to suspend
certain of its provisions upon a finding that a national economic or
other emergency exists with respect to sugar or liquid sugar.[92] The
President found conditions sufficiently severe in the sugar industry to
declare a sugar emergency in 1939, 1942, and 1947.[93]
A 1942 Presidential Proclamation noted that codfish constituted one
of the basic staples in the diet of the low-income groups in Puerto
Rico. Unfortunately, the war imposed severe limitations on this import
from Canada, Newfoundland and Labrador, thereby vitally affecting
Puerto Ricans dependent on this basic food in their diet.[94] The
President sought a quick remedy by invoking the emergency provisions
of the Tariff Act of 1930[95] to authorize the duty-free importation
of “jerked beef ... a satisfactory substitute for codfish,” at
least according to the proclamation. Invoking the same statute, the
President, again in April 1942, authorized the duty-free importation
of food, clothes, and medical, surgical, and other supplies by or
directly for the account of The American National Red Cross for use
by that agency in emergency relief work in connection with the “war
emergency.”[96]
EMERGENCIES OCCASIONED BY NATURAL CATASTROPHES
_Drought_: Two statutes and one Presidential Proclamation in this
category attribute emergency conditions to drought. In February 1934
Congress authorized the Farm Credit Administration to make loans for
feed for livestock in drought- and storm-stricken areas.[97] The
Emergency Appropriation Act for fiscal 1935 appropriated funds to meet
the emergency and necessity for relief in stricken agricultural areas
and in another section referred to “the present drought emergency.”[98]
The Presidential Proclamation noting that an unusual lack of rain in
several western and mid-western states had caused an acute shortage
of feed for livestock,[99] declared an emergency under the suitable
provision of the 1930 Tariff Act and authorized suspension of duties
on livestock feeds. Only livestock owners in the affected area were
eligible to benefit from duty free livestock feeds.[100]
The Communications Act of 1934[101] and its 1951 amendment[102] grant
the President certain powers in time “of public peril or disaster.”
The other statutes provide for existing or anticipated emergencies
attributable to earthquake, flood, tornado, cyclone, hurricane,
conflagration and landslides.[103]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account