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
In a series of enactments, commencing with a joint resolution of May
1934, Congress sought to insulate the United States from the danger
of involvement in foreign wars by embargoing the shipment of arms to
foreign belligerents. The resolution mentioned enabled the President
after consultation with the governments of other American Republics
to proclaim that the prohibition of the sale of arms and munitions
of war in the United States to those countries then engaged in armed
conflict in the Chaco might contribute to the reestablishment of
peace between those countries, after which it would become illegal
to sell such material to the disputants or their agents.[319] On the
same day that he signed the Chaco resolution, President Roosevelt
issued the proclamation contemplated by the Act.[320] In August 1935
the embargo method was imposed uniformly without limitation as to
area. The Neutrality Act of that year provided that if war broke out
between two or more foreign states, the President should proclaim this
fact, and thereafter it would be unlawful to export arms, ammunition
or implements of war from any place in the United States, or its
possessions to the belligerents, or to any neutral area for eventual
trans-shipment to a belligerent country.[321] In addition, the Act
placed a blanket prohibition upon the export or import of arms,
except insofar as authorized under license procured from the National
Munitions Control Board established by the Act.[322] When he had cause
to believe a given ship was about to carry material to a belligerent,
but the evidence was not deemed sufficient to justify forbidding the
departure, the President could require the owner or commander to give
a bond to the United States, with sufficient sureties, that the vessel
would not deliver the men, or the cargo, or any part thereof to a
belligerent.[323]
Congress maintained a vigilant oversight over enforcement of its
neutrality policy. Since the embargo authorized by the 1935 Act could
be applied only on the occurrence of war between, or among, two or
more foreign states, it could not be invoked in the Spanish Civil
War. This situation Congress immediately rectified upon assembling in
January 1937. Public Resolution No. 1, which became law on January 8,
1937, specifically prohibited the export of war material for use of
either of the opposing forces in Spain.[324] Thereafter it amended the
1935 statute, retaining its provisions virtually intact, but directing
it at instances of internecine as well as international war.[325] The
same day that the President signed this law, he issued a proclamation
finding that a state of civil strife unhappily existed in Spain and
prohibited the direct or indirect export of material of war to either
of the opposing armies.[326]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account