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
We look first to legal efforts to exclude persons conceived to be
subversive from private employment, and then survey the statutes
governing public employment. The Defense Production Act of June 21,
1940,[242] for example, imposed the rule that aliens working for
a defense contractor whose contract involved access to classified
information were ineligible to work for the contractor. If, however,
the head of the government agency for whom secret work was being
performed gave the contractor written consent to use aliens, the
contractor was free to do so.
Attempting to insure that employment opportunities created by the
induction of young men into the service did not accrue to members
of groups then opposing the American defense effort, Congress, in
enacting the Selective Training and Service Act of 1940, stipulated
that whenever a vacancy was caused in the employment rolls of any
business or industry by reason of an employee’s induction into the
Armed Services of the United States, the vacancy could not be filled by
any person then a member of the Communist Party or the German-American
Bund.[243] Ten days after Pearl Harbor, restraints were placed on the
liberty of maritime employers to hire radio operators for service on
American flag vessels. For the duration of war emergency it became
unlawful to employ any person to serve as radio operator aboard any
vessel (other than a vessel of foreign registry) if the Secretary of
the Navy (1) had disapproved such employment for any specified voyage,
route, or area of operation, and (2) had notified the master of the
vessel of such disapproval prior to the vessel’s departure.[244]
Since the war, no less significant prohibitions have been placed on
public or private employment of members of communist organizations.
The effect thereof will be determined by the success of the Subversive
Activities Control Board in compelling the registration of such groups.
Section 5 of the Internal Security Act of 1950 makes it illegal for
members of registered communist organizations to conceal or fail to
disclose such membership in seeking or accepting any employment in any
defense facility, as defined and listed by the Secretary of Defense.
This provision was extended to make illegal defense employment for
members of registered “Communist action” groups.[245]
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