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 series of proclamations were issued under this and other contingent
emergency statutes in September 1939.[327] The prohibition on export
of war material was narrowed to a prohibition on the export of such
material until title had unconditionally passed to the foreign
purchaser--the cash and carry system.[328] A number of Presidential
proclamations effected application of the new statute.[329]
Presidential proclamations also reflect the change in emphasis of
statutory prohibitions of the export of war materials. In September
1939, the President issued a clearly neutrality-oriented proclamation
prohibiting enlistment in, or recruitment for, belligerent armed
forces, provisioning of belligerent ships,[330] and subsequent
proclamations of 1940 and 1941 were equally clearly concerned with
preserving adequate domestic stocks of strategic materials.[331]
Upon amendment of the July 1940[332] Act in June 1942, the President
was authorized to prohibit or curtail the exportation of any articles,
technical data, materials, or supplies, except under such rules and
regulations as he might prescribe.[333] Unless the President otherwise
directed, the functions and duties of the President under this section
of the Act were to be performed by the Board of Economic Warfare.[334]
The Export Control Act of 1949 empowered the President to prohibit
or curtail the exportation from the United States, its Territories
and possessions, of any articles, materials, or supplies, including
technical data but excluding agricultural commodities in excess of
domestic requirements.[335] The purpose here was to protect the
United States from the excessive drain of scarce materials.[336] The
Atomic Energy Act also prohibited the export from or import into the
United States or curtail the exportation from the United States, its
Territories and as authorized by the Atomic Energy Commission upon a
determination by the President that the common defense and security
would not be adversely affected thereby.[337]
Obviously embraced within the power to embargo is the power
conditionally to permit exports. Thus, in December 1941 following Pearl
Harbor, Congress permitted the President, whenever he deemed it to be
in the interest of national defense, to authorize the Secretary of War
to sell, transfer title to, exchange, lease, lend, or otherwise dispose
of, to the government of any country whose defense the President deemed
vital to the defense of the United States, any defense article procured
from funds appropriated for the military establishment prior to or
since March 11, 1941.[338]
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