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
The President will be advised of such a strike or lockout sufficiently
in advance of its occurrence because Section 8 (d) of the Act requires
60 days’ written notice of termination or modification of a collective
bargaining contract, and notification of the Federal Mediation and
Conciliation Service and equivalent state or territorial services
within thirty days after such notice of the existence of a dispute.[253]
Looking to restrictions upon federal employment, it is convenient
to begin with 1940, the year in which, in an effort to expedite the
strengthening of the national defense, Congress gave the Secretary of
War limited power to remove army civil service employees for security
reasons. The Secretary might remove from the classified civil service
of the United States any employee of the Military Establishment
forthwith if he found that such person had been guilty of conduct
inimical to the public interest in the defense program of the United
States, and if the person terminated had received notice of the
charges.[254] Discharged employees were given the opportunity within
thirty days of removal to answer charges in writing and to submit
affidavits in support of written answers.[255]
Great discretion was permitted the civilian heads of the armed services
in promoting or demoting regular officers during wartime, and as early
as July 29, 1941 the President signed a Joint Resolution giving the
Secretary of War power during the time of the national emergency to
remove any officer from the active list of the Regular Army. The only
restriction on the exercise of this power was that a comparison of the
officer’s performance-of-duty record with those of his fellow officers
would be made. But retention in or dismissal from the active list, of
any officer, ultimately could be determined by the Secretary,[256]
even though affected officers were guaranteed a hearing before a board
of not less than five general officers prior to separation.[257]
Supplementing this was the provision that no payment could be made from
money appropriated in the Act to any officer on the retired list of the
Army who, for himself or for others, was engaged in the selling or the
sale of any war materials or supplies either to the Army or the War
Department.[258]
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