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
Congress is more than likely to delegate to the President power to
determine an emergency’s existence, sometimes providing him with
connotative definitions--such as “by reason of flood, earthquake, or
drought”--for guidance. It is particularly inclined to permit the
President to declare the termination of an emergency, frequently
hinging the life of an emergency statute to such a Presidential
declaration or to the continuance of emergency previously proclaimed
by the President. But there is a growing tendency for the Congress
to grant contingent powers which may be exercised in the event of a
declaration of emergency either by Congress or the President, and
sometimes by Congress alone. We discuss elsewhere the growing trend
toward reservation to the Congress of power to terminate an emergency
through adoption of a concurrent resolution (which does not require
the President’s signature). The Emergency Detention Act provision
for declaration of an Internal Security Emergency, mentioned above,
hinges the presidential declaration, among other things, to a prior
Congressional declaration of war. Thus when Congress has declared a
war emergency to exist, the President, at his discretion may declare
the existence of an Internal Security Emergency caused by the prospect
of internal subversion. Congress, perhaps, forecast the future
trend of legislative-executive relations in this field and in the
adaptation of emergency action when in the First Decontrol Act of 1947
it declared “in each ... limited instance [that it is necessary to
continue emergency controls in effect] the authority for such emergency
controls and war powers should not be exercised by the grant of broad,
general war powers but should be granted by restrictive, specific
legislation.”[126]
CONCLUSION
It may be seen that a varied assortment of situations threatening
the economic interests of groups, the life and limb of the populace,
or the physical integrity of the nation itself, have been defined as
emergencies in the United States. The spread lies between a liquid
sugar or codfish emergency and an emergency caused by the global
military and ideological activities of the communist movement. The
citizen of the democratic state, having weathered depression, natural
disaster, agricultural, defense and war emergencies, and recognizing
that by popular consensus he lives in a time of cold war emergency
which may turn into a war emergency, or if lessened, may create an
emergency by virtue of the threat to continued prosperity resulting
from curbed defense orders, is entitled to be apprehensive.
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