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
_Traditional Procedural Rights of Individuals_: Whether justifiable
or not, in time of crisis encroachment upon the traditional rights
and privileges of individuals invariably has been recorded. The
Compulsory Testimony Act of August, 1954[263] may be an example of
such legislation. It enables Congressional Committees in a limited
number of instances to solicit the courts in compelling testimony from
recalcitrant witnesses who have invoked their constitutional privilege
against self-incrimination. Suspension of this constitutional safeguard
is achieved by the immunity from prosecution accorded the witness under
the terms of this measure. As to the scope of the immunity therein
afforded, it is not in excess of that granted in laws previously
enacted, notably the following: Interstate Commerce Act, Sherman
Anti-Trust Act, Securities Exchange Act, Communications Act, National
Labor Relations Act, Motor Carrier Act, Federal Power Act, Public
Utility Holding Company Act, Industrial Alcohol Act, Merchant Marine
Act, Bituminous Coal Act, Natural Gas Act, Civil Aeronautics Act,
Fair Labor Standards Act, Railroad Unemployment Insurance Act, Social
Security Act, Investment Company Act, Investment Advisers Act, Second
War Powers Act, and Emergency Price Control Act, 1942. See a more
extended listing in _Shapiro_ v. _U.S._[264]
Emergency entails restraints upon the freedom of individuals to
manipulate their property and to act as they please. Not only does
the government, as has been noted, seize factories and mines, but can
compel acceptance of government orders.
CHAPTER V GOVERNMENTAL ACQUISITION OF PROPERTY
In recent years the federal government has set up programs for the
acquisition or disposition of productive facilities and natural
resources. These programs have had various objectives, as for example
the acquisition in conjunction with its parity payments policy of
surplus agricultural commodities. Later acquisition programs, justified
in terms of national defense, include the following: stockpiling of
strategic raw materials; acquisition of land and equipment for military
sites and for federally-owned productive facilities; the lending or
leasing of federally-owned productive equipment to private producers;
and the acquisition of plants and raw and finished materials incidental
to enforcement of emergency control programs.
STOCKPILING
The Government may acquire natural resources in an effort to stockpile
for defense purposes, in the course of expanding the military
establishments or governmentally owned productive facilities, or it
may acquire such resources to facilitate a privately financed defense
project. This last purpose sometimes leads the Government to lend its
power of eminent domain to private business concerns.
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