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 formulating an export policy for the period following World War II
era, Congress doubtless has been influenced by the post war inflation.
The Export Control Act of 1949, in granting the President power to
prohibit or curtail the exportation of certain materials, including
technical data,[339] made explicit the Congressional intent to protect
the domestic economy from the excessive drain of scarce materials and
to reduce the inflationary impact of abnormal foreign demand.[340]
_Domestic Conservation_: With a view to stabilizing prices and
encouraging the conservation of deposits of crude oil situated within
the United States Congress in 1935 prohibited the interstate shipment
of contraband oil (i.e., oil produced in excess of state imposed
quotas).[341] Two different provisions of the Second War Powers Act
of 1942 related to conservation of strategic materials. Section 801
empowered the President to direct the Administrator of the Federal
Security Agency to assign the manpower of the Civilian Conservation
Corps to the extent necessary to protect the munitions, aircraft,
and other war industries, municipal water supply, power and other
utilities, and to protect resources subject to the hazards of forest
fires.[342] Section 1201 permitted the Director of the Mint to vary
the metallic composition of five cent pieces to conserve strategic
metals.[343]
_Priorities and Allocation_: In late May 1941, Congress provided
that whenever the President was satisfied that the fulfillment of
requirements for the defense of the United States would result
in a shortage in the supply of any material for defense or for
private account or for export, the President could allocate the
material in whatever manner he deemed necessary or appropriate in
the public interest and to promote the national defense.[344] This
provision was retained in the Second War Powers Act of 1942.[345]
In a joint resolution of March 1947 declaring the need for
maintenance of a technologically advanced and rapidly expandable
domestic rubber-producing industry and for a Congressional study of
the problem, Congress provided that in the interim, pending the
enactment of permanent legislation, the government should continue
allocation, specification, and inventory controls of natural and
synthetic rubber.[346] A year later this power was continued. The
President was authorized to exercise allocation, specification, and
inventory controls of natural rubber and synthetic rubber to insure
the consumption of general-purpose synthetic rubber as a part of the
estimated total annual consumption of natural rubber.[347]
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