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
_Circumscribing Movement of Persons_: The area of permissible mobility
is narrowed for all persons in time of war or emergency. The population
generally is excluded from specified security areas. By Act of January,
1938,[198] Congress authorized the President to define certain vital
military and naval installations or equipment and made it unlawful
to photograph or sketch such installations without proper authority.
This obviously limits access to and activity in areas adjacent to such
equipment. A 1950 amendment to the Civil Aeronautics Act, for example,
empowered the Secretary of Commerce, after consultation with the
Department of Defense and the Civil Aeronautics Board, to define zones
or areas in the airspace above the United States, its Territories,
and possessions as he may find necessary in the interests of national
security. The Secretary is also given authority to prohibit or restrict
flights of aircraft which he cannot effectively identify, locate, and
control in those areas.[199] Selected groups of persons, generally
enemy aliens, may be prohibited from entering or remaining in certain
areas of the country. Proclamation No. 2525, December 7, 1941,[200]
forbade the presence of alien Japanese in the Canal Zone, and
restricted their entry into, or departure from, Hawaii, the Philippine
Islands, and the United States, and provided for their exclusion from
designated areas. Of maximum severity were limitations on mobility
beyond the limits of a community, or confinement in a camp or cell. The
movement to restrict travel by Americans dates from the 1935 endeavor
of the American Congress to avoid American involvement in any future
conflict. Section 6 of the Neutrality Act of 1935[201] empowered the
President to prohibit or regulate travel by American citizens as
passengers on the vessels of any belligerents in a war in which the
United States was a neutral. Individuals travelling in violation of
orders did so at their own risk.
Two months after passage of the Neutrality Act, in October 1935,
President Roosevelt issued Proclamation No. 2142, applying Section 6
to the Ethiopian conflict, and ordering American citizens to refrain
from traveling as passengers on vessels of either belligerent. The May
1937 amendments to the Neutrality Act[202] strengthened this provision
by making it unlawful for any United States citizen to travel on
belligerent vessels in contravention of the President’s prohibition
or regulation of such travel. In 1939 these provisions were broadened
to include any American travelling on such a vessel as a member of
its crew,[203] and to prohibit American ships from carrying goods or
passengers to belligerent ports[204] or combat areas.
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