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 year of Dunkirk witnessed a number of Congressional authorizations
to the Executive to acquire and either directly utilize, or pass on
to private enterprise, material of war, or productive equipment and
facilities. In mid-1940 the President was given power to authorize the
Secretary of War to manufacture in factories and arsenals under his
jurisdiction, or otherwise procure, coast-defense and anti-aircraft
material, including ammunition therefor, on behalf of any American
Republic. He might also establish repair facilities for such
equipment.[293] This was shortly extended to manufacturing for the
government of any country whose defense the President deemed vital to
the defense of the United States.[294] Later in 1940 he was authorized
to requisition and take over for use of the United States any military
or naval equipment or munitions which had been ordered for export, but
which then could no longer be exported. Certain items of a military
nature could not, for example, be sent to France once the Germans had
occupied that country. The President could dispose of such material to
a private corporation or individual if such action was deemed to be
in the public interest.[295] The June 30, 1942 termination date was
moved forward to June 30, 1944, and the President’s power enlarged to
requisition in the interest of national defense or prosecution of war
in July 1942.[296]
In June 1940 the Secretary of the Navy was authorized to provide
necessary construction facilities or manufacturing plants on federal
land or elsewhere, and to man them with federal employees or otherwise
whenever he found it impossible to make contracts or to secure
facilities for procurement or construction of items authorized in
connection with national defense.[297] By October 1941 this authority
had grown to a general authorization to the President, that if he
found that the use of any military or naval equipment, supplies,
or munitions, or machinery, tools, or materials necessary for the
manufacture, servicing and operation of such equipment, were needed
for the defense of the United States the President could requisition
such property. Only two conditions prevailed: first, that the need
was immediate and impending, and second, that just compensation was
paid to the owners. The original expiration date of June 30, 1943 was
later changed to June 30, 1944.[298] But long before the Second World
War, Congress gave the President authority to requisition merchant
vessels. In Section 902 (a) of the Merchant Marine Act of 1936 the
government reserved the right to requisition any vessel documented
under the laws of the United States, during any national emergency
declared by proclamation of the President.[299] In authorizing the
President to utilize the power of eminent domain to acquire land needed
for pipe-line construction by private firms, Congress provided that
in the event it was impracticable for any private person promptly and
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