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
In June 1939 Congress assigned to the Secretary of the Interior and the
Army and Navy Munitions Board the task of determining which materials
are strategic and critical to American defense, and provided for
acquisition of stocks of these materials.[265] Congress also encouraged
the development of mineral resources within the United States. Two
months later Congress approved the exchange of surplus agricultural
commodities held by the Commodity Credit Corporation for stocks of
strategic and critical materials produced abroad.[266] Under the
fiscal 1941 Appropriations Act, the Navy Department obtained funds for
procurement of strategic and critical materials in accordance with
the Act of June 7, 1939.[267] In this statute, and in a July 1940 Act
to expedite the strengthening of the national defense, the President
also was authorized to expend large sums on acquisition of such
materials.[268]
The Defense Production Act of 1950 empowers the President to make
provision either for purchases of, or commitments to purchase metals
and other raw materials, including liquid fuels. The government may use
the acquired items or offer them for resale. The same Act also empowers
the President to encourage the exploration, development, and mining of
critical and strategic minerals and metals.[269] The Mutual Security
Act of 1951 also provides sustenance for the stockpiling program.
The Director for Mutual Security is authorized to initiate projects
designed to increase production and help in obtaining raw materials in
which deficiencies exist among the United States’ free world allies.
The purpose of aiding recipients of American aid to develop their own
stockpiling program of critical materials is to reduce the steady drain
on United States resources.[270] The power of condemnation was added
to the power of requisitioning granted in the 1950 Defense Production
Act when Congress in a 1951 amendment empowered the President in
the interest of national defense, and when deemed necessary by him,
to acquire materials needed by the government. Acquisition may be
by transfer, donation, purchase, or, if needed, properly instituted
judicial proceedings.[271]
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