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
Emergency conditions may lead to relaxation of the traditional American
rule, based upon the assumption that public employment is a privilege
and upon security grounds, that aliens are ineligible for governmental
positions--especially positions in the military establishments. In 1946
Congress suspended statutory provisions prohibiting the employment of
aliens.[133] Thus the Secretary of the Navy could authorize the Navy
Department to employ non-citizens whose special technical or scientific
knowledge or experience would be of benefit to the military services of
the United States. The wisdom of this legislation may be more readily
appreciated when it is remembered that German rocket experts like Dr.
Werner von Braun were able to serve in the United States rather than
behind the Iron Curtain. Similarly, as illustrated by the Selective
Service Act of 1948,[134] effective mobilization of the labor force
requires exemption of some specially skilled persons from military
conscription. This Act authorized the President to provide for the
deferment from training and service certain categories of individuals
in many different fields as found to be necessary to the maintenance of
the national health, safety, or interest.
Work stoppages are the nemesis of any defense production program. The
wartime efforts to prevent or speedily terminate such stoppages are
reported in the next section, on the theory that they were primarily
coercive in nature. The Defense Production Act of 1950,[135] however,
clearly reflects the statutory trend in the United States against the
outlawing of strikes in time of emergency. Section 502 of the Act
emphasizes that national policy is to place primary reliance upon
the parties to any labor dispute to settle their differences through
negotiation and collective bargaining, making full use of available
mediation and conciliation facilities. All settlements should be
made in the national interest. The President is to initiate strike
settlement conferences, with representatives of the public present, but
no action inconsistent with the Labor-Management Relations Act of 1947
may be taken.[136]
Current information on the availability of essential skills must be
maintained. The National Science Foundation Act of 1950 included
among the functions of the agency that of maintaining a register
of scientific and technical personnel and providing a central
clearinghouse for information covering all scientific and technical
personnel in the United States.[137]
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