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
To repair the Spring 1945 flood damages, Congress in June of that
year granted the War Production Board, and every other governmental
agency which had jurisdiction over allocations and priorities relating
to farm machinery and equipment, authorization to take such steps
as might be necessary to provide for the necessary allocations and
priorities to enable farmers in the areas affected by floods in 1944
and 1945 to replace and repair their farm machinery and equipment which
was destroyed or damaged by floods, or windstorms, or fire caused by
lightning, and to continue farming operations.[356]
Again, the Defense Production Act of 1950 gave the President virtually
plenary power to require that defense orders be given priority by
private industry: “The President is hereby authorized ... to require
that performance under contracts or orders (other than contracts of
employment) which he deems necessary or appropriate to promote the
national defense shall take priority over performance under any other
contract or order.”[357] Perhaps not classifiable as examples of an
assertion of governmental priority in the use of productive facilities
are three enactments under which the Federal Government has exercised
the right to withhold issuance of patents and to reserve certain
inventions for its exclusive use whenever the public safety or defense
so require.[358]
_Compulsory Orders_: The establishment of priorities for the
fulfillment of contracts presupposes voluntary fulfillment of
government contracts by private industry. Do the principles of
democratic government preclude conscription of industrial plants,
regardless of the willingness or unwillingness of owners to execute
war contracts? Having conscripted physically eligible young men
under the Selective Training and Service Act of 1940 Congress also
established therein priority for industrial performance on military
orders, and a provision to compel acceptance and priority performance
on defense orders.[359] The President was empowered, through the head
of the War Department or the Navy Department, to place orders with any
individual, firm, association, company, corporation, or organized
manufacturing industry for whatever materials might be required, and
which were of the nature and kind usually produced or at least capable
of being produced by the productive units involved. General Motors
produced automobiles, but they could also produce tanks or trucks as
the Army required. Compliance with all such orders for products or
materials was obligatory and took precedence over all other orders
and contracts previously placed.[360] The use of plant seizure by
the government as the sanction for infraction of the provision has
previously been reviewed in the section on acquisition. In the Second
War Powers Act of 1942 the President was given the plenary power to
require acceptance of and performance under defense contracts or orders
in preference to all other contracts or orders.[361] More recently, the
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