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
The variety is so great, the invocation of emergency so ready that
one must ask whether the term is not becoming shorn of meaning--a
shibboleth for the legitimization of ordinarily suspect governmental
action desired by influential groups. Shibboleth or not, the individual
citizen, as we shall see subsequently, finds that its incantation is
associated with increasing constrictions upon his freedom of action.
CHAPTER IV EMERGENCY POWERS OVER PERSONS
Constitutional democracies as well as authoritarian states are
confronted in time of military crisis with the need for a maximum
productive and military effort directed at national survival.
Totalitarian nations in their practice of total absorption of
the materials and energies of conquered nations, and the Western
democracies in their insistence upon “unconditional surrender” have
contributed to the transformation of modern war from a struggle for
limited objectives to a struggle for survival.
The initial response of Great Britain in the First World War indicated
an assumption that war imposed upon a nation the necessity to adapt
the machinery of the government, and especially its military arm, to
the attainment of victory. Twentieth century wars, like those of the
Nineteenth century, were to be fought by the military. In terms of
the total national energies, war represented a temporary, localized
diversion. Democracies continue to manifest a not necessarily unhealthy
predisposition, even in the atomic age, to treat war as a subsidiary
effort which should not unduly ripple the accustomed habits and
interests of the major segment of the population and economy. War is
fought by governments, not by peoples. True, perhaps, in regard to
police actions which constitute occasional escape valves for aggressive
energies which might otherwise erupt in world war, this aphorism which
is maintained as a fiction in time of major war, is a residue of an
earlier and simpler age.
However tentative their initial response to World War II, the Western
democracies soon came to regard it as imposing the need not simply to
adapt governmental structure to the major purpose of victory, but to
maintain consistency between the political and economic activities of
individuals and this overriding goal. Exercising a frankly coercive
power, governments in the Second World War conscripted the energies of
individuals. Great Britain imposed a labor draft as well as a military
draft. The United States, resisting nationwide demands for conscription
of labor, satisfied itself with commanding the military services of
individuals. Both countries identified individuals whom, it seemed,
could best be integrated in the war effort by being integrated _out_
of it--_i.e._, potential saboteurs, espionage agents, and the like.
However adequate or inadequate the techniques for measuring individual
and group loyalty, the measurement was undertaken and thousands found
themselves immobilized behind barbed wires.
Public-domain text, read in full here on John Shaqi.
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