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 Military Services_: Maintenance on active duty or in reserve
status of armed forces components adequate to the defense of the United
States is of continuing concern to the government. It is not alone in
time of war that attention is given to the adequacy of the military
services. Thus the 1930’s witnessed a series of amendments to the 1916
National Defense Act designed to improve the status of the reserve
components of the Army. In June 1933, during the famous first hundred
days of the Roosevelt administration, it was not too preoccupied with
depression legislation to secure legislation introducing changes into
procedures for establishing National Guard policy. All policies and
regulations affecting the organization, training and distribution of
the National Guard were to be prepared by committees of appropriate
branches or divisions of the War Department General Staff.
The Guard would be entitled to equal representation with the Regular
Army in formulating Guard policies, but the paramount fact was that
of federal supervision and integration of the National Guard.[138]
Further, the President was empowered to determine the number of reserve
officers in the various grades to be appointed to the Officers’ Reserve
Corps, and to make such appointments, subject to Senatorial approval
for ranks above Colonel.[139] This is a characteristic extension of the
president’s power as Commander-in-Chief.
Two years later, in June 1935, a further amendment to the 1916 statute
gave the President authority in an emergency at any time to order
officers of the National Guard to active duty for the duration of the
emergency, with the proviso, however, that no officer could be employed
on active duty for more than fifteen days in any calendar year without
his own consent.[140] Later that year the President was authorized to
call annually one thousand Reserve Officers (mostly R.O.T.C. graduates)
for a year’s active duty with the Regular Army in the grade of second
lieutenant. Only those who applied and who had been screened by the War
Department were eligible.[141]
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