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
President Roosevelt’s Neutrality Proclamation of September 5, 1939,
among other things, prohibited Americans from accepting commissions
with belligerents, or enlisting in the service of a belligerent.
Hiring persons to enlist, or going beyond the jurisdiction of the
United States with the intent to join belligerent forces, were also
prohibited.[205]
By Act of March 28, 1940,[206] Congress extended application of an
earlier prohibition[207] on unauthorized entry on military reservations
to the outlying possessions of the United States. A year later it
granted the Secretaries of War and Navy, jointly or singly, power to
define areas within such reasonable distance of any military or naval
camp or station in which prostitution would be prohibited by federal
law.
By Proclamation of December 27, 1941 President Roosevelt established
the Hawaiian Maritime Control Area, and regulated entry, radio calls,
visual communications, and traffic in that area. Naval authorities were
granted power to establish supplementary regulation.[208] Subsequently,
the President established Maritime Control Areas for Cristobal and the
Gulf of Panama,[209] Boston,[210] San Francisco, Columbia River, Puget
Sound, Southeastern Alaska, and other areas.[211] On May 20, 1942,
invoking his powers as Commander-in-Chief, the President established
the Padre Island Sea Range Area, and imposed regulations controlling
entry to an activity in that area. The next day he signed into law
an enactment providing a maximum penalty of $5,000 fine and one year
imprisonment for knowingly violating restrictions established by the
President, the Secretary of War, or military commanders designated by
him, on entering, remaining in, leaving, or committing proscribed acts
in military areas or zones.[212]
The areas thus far described were defined principally for exclusionary
purposes. It is not unusual to define areas with a view to confining
therein specific persons or categories of persons. Invoking a 1909
statute, the President on September 5, 1939 made it illegal for
interned members of the armed forces of belligerent nations to
leave the jurisdiction of the United States, or the limits of their
internment, without permission.[213] In a later proclamation the
President stipulated that no alien would be permitted to depart from
the United States if the Secretary of State were satisfied that the
alien’s departure would be prejudicial to the interests of the United
States.[214]
Public-domain text, read in full here on John Shaqi.
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