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 statute books provide at any given time a more accurate indication
of the breadth and limits of executive emergency power than do exegeses
on the Constitution, or histories emphasizing executive action
unsupported by Congress. For in theory[9] and in practice the President
will resort to an “inherent” emergency power only to the extent to
which Congress has failed to anticipate and prescribe remedial action
for such an emergency. On the assumption that a detailed study of the
emergency powers which have been delegated to the executive by Congress
in the immediate past provides insight into the probable range of such
powers which will be exercised by government in the future, the authors
have undertaken to survey and classify such delegations in the period
1933 to 1955.[10]
It is believed that the accumulation in selected contexts of the
instances of legislative delegation of emergency power will provide
striking revelation of the scope and detail of control over individuals
and groups which is practiced by constitutional governments in time of
emergency. To this we now turn.
CHAPTER II THE CONCEPT OF EMERGENCY IN DEMOCRATIC POLITICAL THOUGHT
When President Eisenhower on June 16, 1955 suspended the privilege
of the writ of _habeas corpus_ and declared a nationwide state of
mock martial law, in response to simulated A-bomb and H-bomb attacks
taking a toll of some 14 million civilian casualties, he acted on the
premise that the ordinary processes of democratic and constitutional
government do not suffice to protect the state in time of emergency and
must surrender to a modified authoritarian regime.[11] This premise
is deeply embedded in the teachings of democratic political theory,
which in its traditional and contemporary expression have counseled the
need to abandon the processes of democratic government as the first
essential response to emergency conditions.
Thus, ironically, the Western democracies which today approach the
close of three decades of economic and military emergency, and turn
their faces to additional decades in the shadow-land between peace and
war, are offered a guiding theory which regards emergency governance
as an aberration, supplanting the relationships between the various
branches of government, and between rulers and ruled which prevail
in “normal” times. In theory the struggle to preserve limited and
popularly responsible government has already been lost, for this is a
luxury we are told we cannot afford.
Public-domain text, read in full here on John Shaqi.
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