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
Because they are extremely scarce or non-existent in their natural
state in the United States, a few elements or other commodities have
been the object of intensive government efforts to either directly
produce them on a full scale, or to encourage private production by
acquiring and transferring to private firms certain of the assets
requisite to production. These are nitrogen, helium gas, fuels, rubber,
synthetic liquid and abaca (a plant the fiber of which is used in
making hemp).[281] Thus the Board of Directors of the Tennessee Valley
Authority were given power to exercise the right of eminent domain[282]
and to make and sell fixed nitrogen and fertilizers with the specific
injunction that it maintain in stand-by condition suitable facilities
for the production of explosives in the event of war or a national
emergency.[283] The plant might be used for the fixation of nitrogen
for agricultural purposes or leased, as long as conversion to war
production could be made quickly. The TVA of course was authorized to
produce and sell electric power,[284] but the government reserved the
right in case of war or national emergency declared by Congress to
preempt TVA-produced electricity as well as nitrogen.[285] The Helium
Gas Conservation Act of 1937 authorized the Secretary of the Interior,
through the Bureau of Mines, to acquire lands, and acquire or construct
such plants as were necessary to establish a federal monopoly of helium.
In 1942 the Secretary of Agriculture was authorized to construct or
operate factories for the growth and processing of guayule and other
rubber-bearing plants.[286] In 1947 Congress proclaimed the continued
existence of a short supply of rubber, a highly strategic and critical
material needed for the common defense and which cannot, in its natural
state, be grown in the United States. It reaffirmed the policy that
there shall be maintained at all times in the interest of the national
security and common defense, in addition to stock piles of natural
rubber, a technologically advanced and rapidly expandable domestic
rubber-producing industry. To this end, the powers of the United States
to manufacture and sell synthetic rubber were to continue in force
and the government would retain at least the minimum copolymer plant
capacity to produce “not less than six hundred thousand long tons per
year.”[287] A year later, in March 1948, a policy of reliance upon the
development of a free, competitive synthetic-rubber industry and the
termination of government production was enunciated, the President
to exercise certain powers of control to insure the existence of an
extensive government demand for domestic synthetic-rubber.[288]
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