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 Domestic Minerals Program Extension Act of 1953 sought to reduce
American dependence on overseas sources of supply for strategic or
critical minerals and metals during periods of threatening world
conflict.[272] This was to be accomplished through a united effort
on the part of each department and agency of the government having
responsibility for the discovery, development, production, and
acquisition of strategic or critical minerals and metals in order to
decrease further and to eliminate where possible the dependency of the
United States on overseas sources of supply of each such material.[273]
The Act extended for an additional two years the termination dates of
all purchase programs designed to stimulate the domestic production
of tungsten, manganese, chromite, mica, asbestos, beryl, and
columbium-tantalum-bearing ores and concentrates and established by
regulations issued pursuant to the Defense Production Act of 1950.[274]
MILITARY SITES AND PRODUCTIVE FACILITIES
Scattered through the statute books, of course, are numerous
authorizations to defense agencies to acquire land for specific
projects. For example, a July 1939 statute authorized the Secretary
of War to acquire fourteen described plots,[275] and a May 1949
statute authorized the Secretary of the Air Force to establish a joint
long-range proving ground for guided missiles and other weapons and
to acquire lands and rights necessary to set up the project.[276] An
Act of 1951 authorized the Secretary of the Navy to enlarge existing
water-supply facilities for the San Diego, California area for the
purpose of insuring the existence of an adequate water supply for
naval installations and defense production plants in that area.[277]
Of equal, if not greater significance than the scope of the delegation
contained therein are the provisions for extension of Congressional
control set-out in these authorizations for acquisition of specific
items.
In the Second War Powers Act, breadth of Congressional delegation
rather than intensity of control is the dominant fact. For example, the
President was authorized to permit the Secretaries of War and Navy,
or any other officer, board or commission, to acquire real property
by any means necessary, including condemnation, to insure its use by
the Government when needed.[278] Immediate possession might be taken
after filing of a condemnation petition.[279] Among the many powers
granted to the Federal Civil Defense Administrator in the 1951 statute
creating the FCDA was that of procuring by condemnation or otherwise,
constructing, or leasing materials and facilities.[280]
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