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
_Preventive Detention_: At an early date Congress, with judicial
approval, exercised the power to apprehend and detain all enemy aliens.
On December 7, 1941, President Roosevelt issued the first of ten
wartime proclamations founded upon Congressional enactments of 1798 and
1918, imposing limitations upon the activities of enemy aliens, and
specifically announcing that “All aliens shall be liable to restraint,
or to give security,”[181] and that dangerous aliens might be
subjected to arrest and confinement. In two statutes enacted in 1952,
Congress reiterated its desire that illegal entrants be apprehended and
detained pending deportation. These statutes provided for the search
of vessels and arrest of persons seeking to enter the United States
illegally,[182] and authorized the establishment of necessary detention
facilities to hold those arrested.[183]
It is well known that in World War II persons of Japanese ancestry,
including even those possessed of American citizenship, were subjected
to preventive detention.[184] Presidential exercise of this form
of restraint is now sanctioned on a standby basis. Title II of the
Internal Security Act of 1950 empowers the President in time of
“Internal Security Emergency” to order the apprehension and detention
of persons “as to whom there is reasonable ground to believe that,” if
free, they “will engage in, or probably will conspire with others to
engage in, acts of espionage or of sabotage.”[185] The President may
declare a state of internal security emergency upon the invasion of the
United States or any of its territories or possessions, the declaration
of war by Congress, or insurrection within the United States in aid of
a foreign enemy.
_Access to the U.S. and U.S. Citizenship_: Closely related to the
detention of enemy aliens or others whose liberty is perceived to
endanger the security of the state is the control of access to the
United States and the acquisition of United States citizenship. By
Act of June 20, 1941[186] Congress instructed American diplomatic and
consular officers to refuse visas or entry permits to aliens believed
seeking entry into the United States for the purpose of engaging in
activities which would endanger the public safety. The following day
Congress granted the President power during the existing national
emergency to place restrictions and prohibitions in addition to those
already provided by law upon the departure of persons from and their
entry into the United States.[187] In proclamations of July and
September 1945 and April 1946, President Truman ordered the deportation
of enemy aliens resident in the United States without admission under
the immigration laws, or enemy aliens deemed dangerous to the public
peace and safety of the United States.[188]
Public-domain text, read in full here on John Shaqi.
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