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
Continuing to elaborate amendments to the National Defense Act,
Congress, in April 1938, established the requirement that line officers
should not be detailed to or remain as members of the General Staff
Corps unless two of their immediately preceding six years had been
served in actual command of or on duty other than General Staff duty,
with troops of one or more of the combatant arms or as instructor
with the National Guard, Organized Reserves, or Reserve Officers’
Training Corps.[142] Two days later in another amendment to the basic
act, Congress provided for establishment of a Regular Army Reserve,
membership in which was restricted to persons under 36 years of age who
had served in the Regular Army and from which an honorable discharge
had been received.[143] The Regular Army Reserve was subject to call
to active duty by the President in case of emergency declared by him.
Within six months after the termination of an emergency declared by the
President, the Reserve forces were to be placed in an inactive status
or discharged, whichever was the more appropriate.[144]
In June 1938 the 1916 statute was amended to increase the allowed
strength of enlisted men in the Army Air Corps from 16,000 to
21,500.[145] That same month an earlier Naval Reserve statute (Act of
February 28, 1925) was superseded and a Naval Reserve to consist of the
Fleet Reserve, the Organized Reserve, the Merchant Marine Reserve, and
the Volunteer Reserve was created. All were to constitute a component
part of the Navy.[146] The same Act also provided for a Marine Corps
Reserve.[147] The reserve units were to be composed of persons
transferred, enlisted, or appointed to them.[148]
But it is in 1940 that the statute books commence to reflect
administration and congressional anticipation of American participation
in the War and the attendant necessity to compel individuals to give
military service. On May 14, 1940 provision was made for the extension
of all enlistments in the active military service for the duration,
plus six months in the event of war or other emergency declared by
Congress.[149] The Secretary of the Navy was given power, six days
following Pearl Harbor, to extend for the duration of the war plus six
months all enlistments in the Navy, Marine Corps, and Coast Guard.[150]
Another enactment of that date permitted the similar extension of Army
service.[151] This Act also eliminated all territorial restrictions on
the use of units and members of the Army.[152]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account