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
Congress, having made provision for the extension of regular service
enlistments for the duration in the event of emergency, then granted
the President authority to call the reserve to active duty. This was
accomplished in August 1940 when Congress delegated to the President
power until June 30, 1942 to order into the active military service
for a twelve month period any or all members and units of any or all
reserve components of the Army of the United States, and retired
personnel of the Regular Army, with or without their consent, in
any manner the President deemed necessary for the strengthening
of the national defense.[153] The August statute having empowered
the President to order the National Guard, as well as other reserve
units, into active duty, it seemed desirable to equip the States with
authority to set up military units for home duty in the absence of the
Guard.
An October 1940 statute accomplished this purpose by authorizing the
states, while any part of the National Guard of the state concerned
was in active federal service, to organize and maintain whatever
military forces other than National Guard were believed necessary by
the state.[154] These forces were subject to the Secretary of War’s
regulation on matters of discipline and training. They were not subject
to federal call, but neither were individual members exempt by reason
of service in such units from military service under any federal law.
In September 1950, three months after outbreak of the Korean War,
Congress authorized the President to call up reserve forces and retired
personnel from all military branches, with or without the consent of
those called.[155] And, as in the Second World War, state authorities
were again empowered to set up military units to substitute for the
National Guard as long as any part of the National Guard was in active
federal service.[156]
Meanwhile the gradual inclusion of compulsory service provisions in
statutes was carried to its ultimate conclusion in the Selective
Training and Service Act of 1940.[157] The Act required the
registration of all male citizens of the United States and male alien
residents between the ages of 21 and 36.[158] The President was
authorized from time to time, whether or not a state of war existed, to
select and induct into the land and naval forces of the United States
for training and service whatever number of men in his judgment might
be required for such forces in the national interest.[159] A peacetime
ceiling of 900,000 inductees was established, and provision made for a
twelve months’ maximum training period subject to extension whenever
the Congress declared that the national interest was imperiled.[160]
The remaining powers granted to the President in the Act, and the
limitations which circumscribed his exercise of them, will be discussed
in other contexts.
Public-domain text, read in full here on John Shaqi.
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