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
we had passed from neutrality to all-out preparedness as a national
policy. For the security of this Nation and Hemisphere, we should
pass from peacetime authorizations of military strength to whatever
basis was needed to protect this entire hemisphere against invasion,
encirclement or penetration by foreign agents.[110] The concept of
neutrality dominant for a few years had been superseded by events.
_Defense_: Many of the statutes directed at meeting the threat
to national survival posed by war are phrased in terms of the
existence of war or threat of war. Thus it is not rigidly possible
to assign separate pigeon-holes to those statutes which explicitly
or by inference define emergency in terms of the need for defense
preparedness, and those which define emergency in terms of the need
for response to existing hostilities. The 1951 amendments to the
Universal Military Training and Service, like the 1940 Act,[111] by
inference suggest that military emergency is not related solely to
the existence of hostilities. The President is authorized under the
statute “from time to time, whether or not a state of war exists, to
select and induct for training in the National Security Training Corps
... such number of persons as may be required....”[112] The Interior
Department Appropriation Act for fiscal 1948 included provision for
cases of emergency caused by fire, flood, storm, act of God, or
sabotage.[113] One cannot draw too sharp a distinction between war
and peace; an act of sabotage is as likely as fire, flood, storm,
or act of God. An Act of November 1940 launches upon an extensive
list of national-defense material and national-defense premises--so
comprehensive as to include anything whatsoever associated with defense
production or transportation, including public utilities--and lists
punishments for the willful injury or destruction of war material, or
of war premises.[114] And following the war, it must be made clear
that the emergency and the need for emergency action continue. The war
emergency has reverted to a defense emergency. And so we turn to the
First War Powers Act of 1941 and revise it “by striking out the words
‘the prosecution of the war effort’ and ‘the prosecution of the war’
and inserting the words ‘the national defense’.”[115]
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