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
_Credit_: The major purpose of the Defense Production Act of 1950 was
to place the national economy on a war production footing with minimal
possible effect upon civilian production and consumption. An effort
was made to expand the total productive facilities of the nation
beyond the levels needed to meet the civilian demand, thus reducing
the need to curtail civilian consumption. To some extent, however, it
was anticipated that normal civilian production and purchases would
have to be curtailed and redirected.[381] In this connection the
Federal Reserve Board by law was empowered to impose consumer credit
controls pursuant to an Executive Order[382] until such time as the
President determined that the exercise of such controls were no longer
necessary. The controls, of course, were to be directed at carrying out
the objectives of the Defense Production Act.[383] In addition, the
President was authorized from time to time to prescribe regulations for
regulating real estate construction credit as he believed necessary
to prevent or reduce excessive fluctuations in such credit. He was
empowered to prescribe maximum loan or credit values, minimum down
payments, trade-in or exchange values, maximum maturities and maximum
amounts of credit.[384] These, of course, were direct controls,
as distinguished from inducements or incentives designed to reduce
civilian demand for materials and productive facilities needed by the
military establishment.
Opposite to the use of credit controls as a means of reducing effective
consumer demand is direct intervention to insure that adequate credit
is available to finance business activities declared by the Government
to be essential to national defense. Conceivably the government could
require that lending institutions, under certain conditions, make such
grants. In lieu thereof it sought to provide incentives to lending
institutions to make loans to defense producers, and avoided compelling
extension of such credit. In fact, credit was made available through
the Reconstruction Finance Corporation, the Smaller War Industries
Administration and most recently the Small Business Administration. As
a _quid pro quo_ the government compels the recipient of such aid to
submit to supervision.[385] Equally effective as loans in financing
needed defense construction or production are advances to contractors.
In providing for the construction of pipe-lines for the transportation
of petroleum products, Congress in 1941 permitted the President to
make such advances as he deemed advisable, through such departments
as he might designate to the contractors.[386] It also authorized the
Secretary of Navy to advance to private salvage companies such funds as
the Secretary thought necessary to provide for the immediate financing
of salvage operations.[387]
Public-domain text, read in full here on John Shaqi.
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