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
A June 1940 Act to expedite national defense empowered the Secretary
of the Navy, under the general direction of the President, whenever he
deemed any existing manufacturing plant or facility necessary for the
national defense, and whenever he was unable to arrive at an agreement
with the owner of any such plant or facility for its use or operation,
to take over and operate such plant or facility either by Government
personnel or by contract with private firms.[314] The Selective
Training and Service Act of 1940 authorized the President, acting
through the Secretaries of War or Navy, to take immediate possession
of any plant or plants which in the opinion of the Secretary of War or
the Secretary of the Navy were capable of being readily geared to war
production. This drastic action came only when the owners refused to
give to the United States preference in the matter of the execution of
orders, or refused to manufacture the kind, quantity, or quality of
arms or ammunition, or who refused to furnish the materials demanded at
a reasonable price.[315]
The War Labor Disputes Act gave the President a similar power to
seize struck industries. It might be exercised with respect to any
plant, mine, or facility equipped for the manufacture, production,
or mining of any articles or materials which might be required for
the war effort, or which might be useful in connection therewith.
But a presidential finding was necessary first, that there was an
interruption of the operation of the plant, mine, or facility as a
result of a strike or other labor disturbance, and that the war effort
would be unduly impeded or delayed by the interruption, and that the
exercise of such power and authority was necessary to insure operation
in the interest of the war effort.[316]
Not, perhaps, punitive in its object, but nonetheless related to
enforcement of a control program, was the provision of the Emergency
Price Control Act of 1942, permitting the Price Administrator to buy
or sell commodities and goods or grant subsidies to assure necessary
production.[317]
CHAPTER VI REGULATION OF PROPERTY
We have seen that the effort to rationalize the national economy in
time of economic or war emergency may lead democratic governments
to assert a power to acquire the raw materials of production and
productive facilities. This power of acquisition may be designed or
exercised as a sanction for the coercion of “co-operation” upon the
part of the private units of the economy, or it may express the finding
that particular stockpiling or production functions can only, or most
efficiently be conducted by public agencies.
Public-domain text, read in full here on John Shaqi.
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