Powers of the President during crises — John Shaqi
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
_Civil Defense_: By Proclamation, on October 22, 1941, having in the
spring of that year created an Office of Civilian Defense, President
Roosevelt indicated that among the facets of a war emergency might
be the endangering of civilian lives and property, and he invited
all persons throughout the nation to give thought to their duties
and responsibilities in the defense of this country, and to become
better informed of the many vital phases of the civilian defense
program.[116] The Federal Civil Defense Act of 1950 contemplated an
attack or series of attacks by an enemy of the United States which
conceivably would cause substantial damage or injury to civilian
property or persons in the United States by any one of several means:
sabotage, the use of bombs, shellfire, or atomic, radiological,
chemical, bacteriological, or biological means or other weapons or
processes.[117] Such an occurrence would cause a “National Emergency
for Civil Defense Purposes,” or “a state of civil defense emergency,”
during the term which the Civil Defense Administrator would have
recourse to extraordinary powers outlined in the Act.[118] Powers and
relationships set up to effectuate response to a preparedness or civil
defense emergency are shortly seen to be convenient for application
to any garden-variety emergency which happens along, and so it is not
surprising to observe that arrangements created in anticipation of
military emergency are soon applied to natural catastrophes. The New
York-New Jersey Civil Defense Compact supplies an illustration in this
context for emergency cooperation. “‘Emergency’ as used in this compact
shall mean and include invasion or other hostile action, disaster,
insurrection or imminent danger thereof....”[119]
_Hostilities or War_: The Tariff Act of 1930[120] which has already
been cited a number of times in this chapter, permitted certain action
by the President whenever an emergency exists by reason of a state
of war, or otherwise. The Communications Act of 1934 and its 1951
amendment grant exceptional powers when there exists war or a threat of
war.[121] The 1940 National Defense Act amendments extended enlistments
in the Army in time of war or other emergency.[122] The May 1945
extension of the Selective Training and Service Act continued it in
effect for the duration of hostilities in the present war.[123] And the
threat seems the more intimate when the emergency is defined in terms
of enemies who have entered upon the territory of the United States as
part of an invasion or predatory incursion, ... to commit sabotage,
espionage or other hostile or warlike acts.[124] The 1950 Emergency
Detention Act[125] permits the President to declare the existence
of an Internal Security Emergency, upon the occurrence of invasion,
declaration of war by Congress, or insurrection within the United
States.
PERCEIVING THE EXISTENCE OF AN EMERGENCY
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