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
Air transportation received the attention of Congress in a June 1934
statute establishing a commission to make a report to the Congress
recommending an aviation policy.[403] The Commission was to report
its recommendations of a broad policy covering all phases of aviation
and the relation of the United States thereto. Subsequently the Civil
Aeronautics Act of 1938 was enacted, embodying congressional policy
in this field.[404] In 1950 a security provision was added to the
Act, permitting the Secretary of Commerce whenever he determined such
action to be required in the interest of national security to establish
airspace zones in which civilian flights could be restricted or
prohibited.[405]
Another original statute in this field was the Communications Act of
1934, whereunder interstate and foreign commerce in communication by
wire and radio is regulated. Federal controls were aimed at insuring
existence of a rapid, efficient, Nation-wide, and world-wide wire and
radio communication service for the convenience of the public and
for the purpose of national defense.[406] Created thereunder was the
Federal Communications Commission to which elaborate regulatory powers
were granted. During the continuance of a war in which the United
States was engaged, the Act authorized the President to direct that
such communications as in his judgment were deemed to be essential to
the national defense and security should have preference or priority
with any carrier subject to the Act. He could give these directions
at and for such times as he determined and he could modify, change,
suspend or annul them.[407] The President also was authorized to
prevent any obstructions by physical force or intimidations by
threats of physical force of interstate and foreign radio or wire
communications.[408]
The pipe-line construction provision of July 30, 1941 required that
pipe lines constructed with government aid be constructed subject to
whatever terms and conditions the President prescribed as necessary
for national defense purposes.[409] The second War Powers Act of 1942
gave the Interstate Commerce Commission wartime authority with respect
to motor carriers, to be exercised under circumstances and procedure
equivalent to the authority it had with respect to other carriers.
It could issue reasonable directives with respect to equipment,
service and facilities of motor carriers and require the joint use of
equipment, terminals, warehouses, garages, and other facilities. Motor
carriers were to be subject to the same penalties for failure to comply
with action taken by the Commission as any other carriers under its
jurisdiction.[410] In June 1953 Congress continued in effect traffic
priority powers of the I.C.C. which had been granted during the war and
continued by the Emergency Powers Continuation Act.[411]
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