Mr. Warren Campbell served as a helpful research assistant while a graduate student at Stanford and rendered invaluable aid. Dr. Norman Small of the American Law Division of the Library of Congress performed an essential editorial task in reading the entire manuscript and suggesting very useful changes. The authors are both grateful to Mrs. Connie Smith, a patient wife, who spent long, dreary hours typing and re-typing the manuscript. And, last, but by no means least, the authors reserve a special vote of the very deepest appreciation to the Executive Director of Public Affairs Press, Mr. M. B. Schnapper whose patience, confidence and continued good humor made publication possible. J. MALCOLM SMITH AND CORNELIUS P. COTTER _Washington, D. C._ CONTENTS I Introduction 1 II The Concept of Emergency in Democratic Political Thought 4 III The Concept of Emergency in American Legislation 14 IV Emergency Powers Over Persons 26 V Governmental Acquisition of Property 47 VI Regulation of Property 55 VII Control of Communications 73 VIII Legislative Restraints on the Administration of Emergency Powers 93 IX Inter-Agency Relationships 110 X Judicial Review 125 XI Conclusions 144 References 147 Index 177 ABOUT THE AUTHORS J. Malcolm Smith received his education at the U.S. Naval Academy, the University of Washington, and Stanford University. After three years as an officer in the Army during World War II, he received an A.B. degree from the University of Washington in 1946, and an M.A. (1948) and Ph.D. (1951) from Stanford University. He has combined academic and governmental service since he began his career as an instructor in political science at Stanford University in 1947. He has taught at Columbia University and the University of California. He organized the first World Affairs Council in Los Angeles, for the Foreign Policy Association and served as its first Executive Director from 1952-54. Since coming to Washington, D. C., Mr. Smith served as a consultant to the Assistant Secretary of the Air Force (1957-58), and the President’s Commission on Civil Rights (1958-59) before joining the staff of Senator Thomas H. Kuchel of California as Assistant to the Minority Whip of the U.S. Senate.