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
Since 1950 it has become common practice for the Congress to attach to
appropriation bills the provision that no salary or wages will be paid
from any appropriation to an individual who either asserts the right to
strike against the Government or belongs to an employees’ organization
asserting this right. And no monies will be paid to an individual
who advocates or is a member of an organization that advocates the
overthrow of the Government of the United States.[259] The Defense
Production Act of 1950 contained this type of provision.[260] It
further provided that an affidavit shall be _prima facie_ evidence
that the person making it has acted contrary to the statute.[261]
Agencies also have been delegated broad power to suspend employees
deemed security risks. An August, 1950 statute permitted the heads
of the State, Commerce, Defense, Justice, and Treasury Departments,
the Secretaries of the Army, Navy and Air Force, and others, in their
absolute discretion and when deemed necessary in the interest of the
national security, to suspend, without pay, any civilian official or
employee.[262] Following notice and an opportunity to the suspended
employee to submit statements and affidavits, and after investigation
and review by the employing agency, his employment might be terminated
as necessary or advisable in the interest of the national security.
Since the employee is informed of the reasons for his suspension only
to the extent that such agency head determines that the interests
of the national security permit, he may encounter difficulty in
formulating his defense.
Interestingly enough while military emergency may be assigned as
justifiable for banning or terminating employment of persons on the
basis of their political affiliations, Congress has recognized that
other kinds of emergency may require temporary suspension of such
disqualifications to federal employment. The Department of Interior
Appropriation Act of 1948 provided that in cases of emergency, caused
by fire, flood, storm, act of God, or sabotage, persons might be
employed for periods of not more than thirty days and be paid salaries
and wages without the necessity of inquiring into their membership in
any organization.
Public-domain text, read in full here on John Shaqi.
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