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
_Agricultural Pests_: A joint resolution of April 1937 made “funds
available for the control of incipient or emergency outbreaks of insect
pests or plant diseases, including grasshoppers, Mormon crickets, and
chinch bugs.”[104] Funds were appropriated on this authorization later
that month.[105]
_Famine_: The India Emergency Food Aid Act of 1951 provided for
emergency shipments of food to India to meet famine conditions then
ravaging the great Asian sub-continent.[106] In August 1953 Congress
enacted general enabling legislation to permit the President to
furnish emergency assistance on behalf of the people of the United
States to friendly peoples in meeting famine or other urgent relief
requirements.[107] Thus the American Congress has sometimes defined
emergency in terms of occurrences in other countries.
NATIONAL SECURITY EMERGENCIES
These may be cataloged under the heads of (1) Neutrality, (2) Defense,
(3) Civil Defense, (4) Hostilities or War.
_Neutrality Emergencies_: For a nation which, at least during the
1930s raised to the topmost position on its list of twentieth century
mistakes its involvement in the First World War, and which during the
same period embraced the policy of non-involvement in future wars,
the chief problem of national security was not so much to be prepared
for war or to avoid the occurrence of war, as it was, rather, to
stay out of other people’s wars, all wars being other people’s. The
existence of a war elsewhere in the world, especially one involving a
major power, creates the need for emergency action designed to avoid
the greatest of all emergencies, participation in a war. This is the
meaning of the Neutrality Act of 1935 and its successors. The import
thereof is embodied in the Presidential Proclamations which, under
the Neutrality Acts, proclaimed the existence of wars between states
or factions within states; but also the more important Proclamation
of September 8, 1939 which, without citing the acts, declared the
existence of a national emergency “to the extent necessary for proper
observance, safeguarding, and enforcing of the neutrality of the United
States and the strengthening of our national defense within the limits
of peacetime authorizations.”[108] Neutrality doctrine, oriented as
this was, contained the seeds of a more aggressive policy, and it
was appropriate that the President should phrase his May 27, 1941
declaration of an unlimited national emergency as an enlargement upon
the earlier Proclamation. The President declared that an unlimited
national emergency confronting the country required that its military,
naval, air and civilian defenses be placed in a condition of readiness
to repel any and all acts or threats of aggression directed toward any
part of the Western Hemisphere.[109] The need was now for adequate
preparation rather than insulation. President Roosevelt’s forthright
statement of the Nation’s security requirements left little doubt that
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