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
It may be noted that the Butler Bill of April 1955 would have empowered
the President to establish procedures for screening any person in
defense employment “as to whom there is reasonable cause to believe may
engage in sabotage, espionage, or other subversive acts.” This process
of screening also would be applied to firms seeking or holding defense
contracts. Thus, increasingly access of private firms to government
contracts as well as access of individuals to jobs under such
contracts, which today may be the staff of life, is being restricted.
Contributing to this trend is the provision in the Rubber Producing
Facilities Disposal Act of 1953 that purchase proposals shall not be
accepted from any person who has not identified his principal, or is
not financially responsible, or is a poor security risk.[246]
Freedom of employees to strike defense industries or to engage in
so-called emergency strikes has on occasion been severely limited. The
War Labor Disputes Act of 1943 required that the government be given
notice of labor disputes, and that production continue for a period
of thirty days after notice of intention to strike. A secret ballot
of employees had to be conducted prior to calling a strike.[247] The
President was granted ultimate power to seize plants if necessary to
avoid interruption of war production occasioned by labor disputes,
and interference with government operation of such plants was made
illegal.[248] The plants were to be operated under the terms and
conditions of employment which were in effect at the time possession
was taken by the government.[249]
In the post-war Labor-Management Relations Act a national emergency
strike is defined as one imperiling “the national health or
safety.”[250] When, in the opinion of the President, a threatened
or existing strike or lockout affecting an entire industry or a
substantial part thereof imperils the national health or safety, he
may appoint a board of inquiry to inquire into the issues involved in
the dispute and to make a written report to him within such time as he
shall prescribe.[251] When the President has received a report from
a board of inquiry, he may direct the Attorney General to petition
any district court of the United States having jurisdiction of the
parties to enjoin such strike or lockout or its continuance, and if the
court finds that a threatened or actual strike or lockout (1) affects
an entire industry or a substantial part thereof engaged in trade,
commerce, transportation, transmission, or engaged in the production of
goods for commerce; and (2) if permitted to occur or to continue, will
imperil the national health or safety, it shall have jurisdiction to
enjoin any such strike or lockout.[252]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account