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
Actually no clean demarcation can be made between this and the
preceding section. A graduation can be established, moving from
statutes lending the power of eminent domain to private enterprise,
to those emphasizing government acquisition and lending or leasing,
and ultimately to those principally concerned with providing
government-owned equipment to private enterprise--the equipment
presumably already in the hands of the government or subject to
acquisition under other statues.
One of the very first Acts to provide for placing educational
production of munitions of war stipulated that initial orders placed
with any person, firm, or corporation for supplying such munitions,
accessories, or parts, could include a complete set of such gages,
dies, jigs, tools, fixtures, and other special aids and appliances,
including drawings as needed for the production of munitions in
quantity in the event of emergency.[310] The title to all such
facilities was to remain in the government of the United States. The
fiscal 1941 Navy Department Appropriations Act granted the Navy funds
to furnish Government-owned facilities at privately owned plants,[311]
and a July 1940 Act to expedite the strengthening of the national
defense accorded like authority to the President.[312] Section 303 (a)
(d) of the Defense Production Act of 1950 gave the President a general
power to purchase raw materials including liquid fuels for government
use or for resale, and when in his judgment it would aid the national
defense, to install government-owned equipment in plants, factories,
and other industrial facilities owned by private persons.[313]
ACQUISITIONS INCIDENTAL TO ENFORCEMENT OF A CONTROL PROGRAM
Of the acquisition statutes hitherto discussed, most required that
an effort be made to negotiate a fair price with the individual or
concern whose property was acquired and, failing that, recourse might
be had to eminent domain proceedings. By the terms of the latter,
private entrepreneurs or investors in effect are confronted with the
option of utilizing their property in conformity with the Government’s
mobilization program or, in lieu thereof, of relinquishing it to the
Government. The statutes now to be considered sanction acquisition of
private property in those cases in which the owners or operators are
not managing it to the Government’s satisfaction.
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