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
satisfactorily to construct such lines, the President could provide
for the construction by such department as he might designate.[300]
The government thus was privileged to go into the pipe-line business,
constructing and operating defense needed pipe-lines. Among the
prerogatives which Congress made available to the Secretary of the
Navy for purposes of insuring adequacy of maritime salvage operations
during the war, was that of acquiring such vessels and equipment as he
might deem necessary therefor.[301] The Secretary also was empowered
to transfer, by charter or otherwise, such equipment for operation by
private salvage companies.
The Defense Production Act of 1950 gave the President powers virtually
equal to those granted by Congress to the President in 1941. Again the
President was empowered to requisition needed materials for the defense
of the United States.[302] And in July 1953 the three armed service
secretaries were empowered to acquire, construct, establish, expand,
rehabilitate or convert industrial plants, either publicly or privately
owned, as might be needed for the defense of the United States. The
statutory language followed the familiar prescription that acquisition
could be by purchase, donation, lease, condemnation or otherwise as
necessary.[303]
FACILITATING ACQUISITION BY PRIVATE ENTERPRISES
In July 1941 Congress used the power of eminent domain to facilitate
the construction of public utilities for defense purposes.[304] Upon
finding that the construction of any pipe-line for the transportation
and/or distribution of petroleum or petrol products moving in
interstate commerce was or might be necessary for national-defense
purposes, the President was permitted to acquire such land or interest
in land, including rights-of-way or easements, by the exercise of the
right of eminent domain, as, in his opinion might be necessary.[305]
The President invoked this Act on a number of occasions.[306]
The Second War Powers Act earlier mentioned not only authorized the
acquisition of real property by the Secretaries of War and Navy or
their agents, but permitted them to dispose of such property or
interest therein by sale, lease or otherwise.[307] The Small Business
Concerns Mobilization Act of June 1942 empowered the Smaller War Plants
Corporation, established under the Act,[308] to purchase or lease
land, to purchase, lease, build, or expand plants, and to purchase or
produce equipment, facilities, machinery, materials, or supplies, as
might be needed to enable the Corporation to provide small business
concerns with the means and facilities to engage in the production of
war materials.[309] The Corporation could also enter into contracts
with the United States government and any department, agency, or
officer of the government having procurement powers and obligate the
Corporation to furnish articles, equipment, supplies, or materials to
the government.
AVAILABILITY OF FEDERALLY OWNED PROPERTY TO PRIVATE ENTERPRISE
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