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
_Exchange_: The May 1937 amendment to the Neutrality Act made it
unlawful, when the President had issued a proclamation that a state of
war between two or more states or a state of civil war in a foreign
state existed for any person in the United States to purchase, sell, or
exchange bonds, securities or other obligations of the governments of
any belligerent states or to loan, or to collect contributions.[388]
The First War Powers Act of 1941 echoed this provision, providing
in Title III, Trading with the Enemy, that the President in time of
national emergency declared by him might investigate, regulate, or
prohibit any transactions in foreign exchange, transfers of credit
or payments.[389] The Export Control Act of 1949 permitted the
President to stipulate the rules which should apply to the financing,
transporting, and other servicing of exports.[390]
_Price Control_: In time of war the capitalist economy is transformed
into a closely administered economy regulated in an effort to maximize
war production and minimize dislocation of the civilian economy. To
prevent speculation and dissipation of tax and consumer dollars through
continuous and unchecked price increases, it becomes necessary that
prices be subjected to government control. This was the aim of the
Emergency Price Control Act of 1942. Whenever in the judgment of the
Price Administrator the price or prices of a commodity or commodities
threatened to rise to an extent inconsistent with the purposes of
the Act, the Price Administrator could establish whatever maximum
price or prices he thought equitable and fair. The only guide lines
for “fair and equitable” in establishing a maximum price were the
prices prevailing between October 1 and October 15, 1941.[391] He was
further empowered to recommend stabilization or reduction of rents
in defense-rental areas. Where state or local boards failed to heed
the recommendation the Administrator could by regulation or order
establish maximum rents for such accomodations as in his judgment would
be generally fair and equitable and would effectuate the purposes of
the Act. Rent levels were established on the basis of those prevailing
on April 1, 1941. The Act was amended in October 1942 when Congress
authorized and directed the President on or before November 1, 1942, to
issue a general order stabilizing prices, wages, and salaries affecting
the cost of living. Stabilization was so far as practicable, to be on
the basis of the levels which existed on September 15, 1942.[392] The
President was also given power by regulation to limit or prohibit the
payment of double time except when, because of emergency conditions,
an employee is required to work for seven consecutive days in any
regularly scheduled work week.[393]
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