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
The First Decontrol Act of 1947, providing for the termination of
certain of the provisions of the Second War Powers Act, permitted
the continued exercise of power to allocate materials which were
certified by the Secretaries of State and Commerce as necessary to meet
international commitments.[348] Section 101 of the Defense Production
Act of 1950 empowered the President to allocate materials in such
manner, upon such conditions, and to such extent as he deems necessary
or appropriate to promote the national defense.[349] A related section
provided that no person should accumulate (1) in excess of the
reasonable demands of business, personal, or home consumption, or (2)
for the purpose of resale at prices in excess of prevailing market
prices, materials which had been designated by the President as scarce
materials or materials the supply of which would be threatened by such
accumulation.[350] The Atomic Energy Act of 1946, as amended in 1951,
expands the allocation power to its logical extreme by allocating all
fissionable material to the federal government, making it unlawful for
any person to possess or transfer any fissionable material, except as
authorized by the Atomic Energy Commission.[351]
CONTROL OF PRODUCTIVE FACILITIES
_Priorities_: Particularly in the conversion period preceding
full-scale defense production it is necessary to compel producers
to accord first priority to fulfillment of government contracts.
During such interval prior to all-out defense mobilization, when his
competitors may be satisfying the demands of consumers, the businessman
has ample cause to fear that in giving priority to government orders
disgruntled private customers will be permanently lost to competing
firms. Accordingly, a June 1940 statute provided that, in the
discretion of the President, fulfillment of Army or Navy contracts
was to take priority over all deliveries for private account or for
export.[352] In a year this was amended to extend the President’s power
over priorities to include contracts or orders for the Government of
any country whose defense the President deemed vital to the defense
of the United States and contracts or orders, or subcontracts or
sub-orders, which the President deemed necessary or appropriate to
promote the defense of the United States.[353] In May 1941 the Maritime
Commission was empowered to demand that work on its contracts take
priority over the furnishing of materials or performance of work for
private account or for export.[354] The Second War Powers Act continued
in effect the provision of the June 1940 and May 1941 statutes[355] by
providing that all orders for vessels, equipment, and weapons placed
by the Army and Navy were, in the discretion of the President, to take
priority over all deliveries for private account or for export.
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