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
This study of the President’s use of emergency powers grew out of
research and discussions in Washington, D. C., and at Harvard, the
University of California, and other institutions. In one sense, it is
a sequel to Dr. Cotter’s study of emergency powers in Great Britain,
prepared under Harvard’s Sheldon Travelling Fellowship during the
academic year 1951-52.
In preparing a political science course at the University of
California’s Riverside campus, one of the most significant gaps in
available sources and treatises about the Presidency concerned the vast
range of power, generally called emergency powers, available to the
Chief Executive should he choose to follow the prescription used by
many predecessors, notably F.D.R.
Both authors have, of course, profited from the monumental work of
Professor Edward S. Corwin, whose classic study, _The President: Office
and Powers_ remains the outstanding work in the field. Professor Robert
S. Rankin’s study, _When the Civil Law Fails_, contained valuable
historical data of particular importance. Both authors have also had
the inestimable privilege and opportunity of studying under Professor
Charles Fairman, now at Harvard Law School. Professor Fairman’s study,
_The Law of Martial Rule_, was very helpful in providing the historical
setting for government under military control. The authors were
fortunate in having read Professor Fairman’s paper delivered at the
National War College, “A Post-Atomic Attack Situation,” wherein it is
clearly brought forth that a complete plan and pattern for dealing with
a nuclear attack must be worked out that does envisage the restoration
of civil government to the nation as quickly as circumstances permit,
should the cold war ever turn into an all-out nuclear holocaust.
While the original work on the manuscript was completed before either
of the authors came to Washington, both have benefitted from the
experience of working in the Pentagon, the Commission on Civil Rights,
the Republican National Committee and the U. S. Senate. One is apt
to view the executive branch of government from a slightly different
perspective, once having been associated with “the Hill.” And, while
the Congress may feel powerless to act against a determined Chief
Executive, the power of the purse still provides the most effective of
all the “checks and balances” in our national government, except in
time of war.
The Fund for the Republic provided the authors with a grant-in-aid in
1955 to begin work on the book, although the Fund had no contact or
association with the authors during the preparation of the manuscript.
Parts of some chapters have previously appeared as article in the
_Western Political Quarterly_ and _The Journal of Politics_, and
the authors wish to acknowledge their appreciation at being able to
reproduce all or parts of these articles.
Public-domain text, read in full here on John Shaqi.
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