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
Next to be considered are controls designed to forestall interruption
of vital production. Section 8 of the War Labor Disputes Act required
30 days notice of a prospective strike and secret balloting of the
union members concerned.[369] Other sections of the Act authorized
government seizure of struck plants, and made it unlawful to interfere
with government operation of plants.[370] The Labor Management
Relations Act of 1947 set forth procedure whereby the President may
secure injunctions postponing strikes or lockouts which will, if
permitted to occur or to continue, imperil the national health or
safety.[371]
_Controlling Profits_: The campaign of the 1930’s to take the profits
out of war is well known. Correlative to the deeply felt aspiration in
time of peace to end the resort to war as an instrument of policy, is
the popular thesis that war and the profitability of war production
have a causal connection. In time of war, the public, on the other
hand, is receptive to the proposal that command of the services and
lives of mature young human beings warrants conscription of capital at
least to the extent necessary to avoid profiteering, or to the extent
such conscription facilitates the attainment of other worthy defense
goals. In harmony with these beliefs the Vinson-Trammell Act of 1934
authorizing naval construction within the limits of the Washington and
London treaties of 1922 and 1930 instructed the Secretary of the Navy
to make no contract for the construction and/or manufacture of any
complete naval vessel or aircraft, or any portion thereof unless the
contractor agreed to certain conditions: (1) he had to agree to pay
any profit in excess of ten percent of the total contract price to the
United States Treasury (twelve percent was allowed as the profit margin
on aircraft); and (2) he could make no subdivisions of any contract or
subcontract for the same article or articles for the purpose of evading
the provisions of the Act.[372]
In 1938 provisions for close supervision of the leasing of naval
petroleum reserves also were imposed upon the Navy Department,
obviously directed in part at precluding extortionate profit-making
from such leases.[373]
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