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
In 1953 Congress placed on the statute books a provision suggestive of
the old neutrality acts. Under this law the Secretary of the Treasury,
or anyone designated by the President, could seize and detain any
carrier-vessel, vehicle or aircraft carrying munitions of war from the
United States. The authority to “seize and detain” came into operation
whenever an attempt was made to export, ship or take out of the United
States any munitions of war or other materials in violation of law.
Moreover, the law became operative as long as there was “probable cause
to believe” that prohibited items were being removed from the United
States in violation of the law.[421]
The Merchant Marine Act of 1936 is, of course, another of those
organic statutes designed to promote, rehabilitate, and regulate in
the interest of the trade and of the public, a segment of the American
transportation system. We have already seen that in this Act the
government secured the right in time of war emergency to requisition
American registered vessels. As a condition of the grant of subsidies
toward the construction of vessels in American yards, the Maritime
Commission reserved a power of final approval of the design of such
vessels. This power was of course shared with the Navy Department
which had to approve all defense features in the proposed vessel.[422]
Under the terms of the Act any vessels, the construction of which
was subsidized, were to be so designed as to be readily and quickly
convertible into transport and supply vessels in a time of national
emergency.[423] By permitting it to subsidize operation on approved
routes, Title VI of the Act in effect enabled the Commission to control
also the allocation of American shipping on the various world trade
routes.
In July 1941 the President was given power, during the emergency which
he had declared on May 27 of that year, to authorize the Maritime
Commission to issue warrants entitling vessels to priority over
merchant vessels not holding such warrants, in the use of facilities
for loading, discharging, lighterage or storage of cargoes, the
procurement of fuel, towing, overhauling, drydocking or repair of such
vessels. Vessels holding warrants had priority among themselves in
accordance with the rules of the Maritime Commission.[424] In granting
warrants, the Commission was to make fair and reasonable provision
for priorities. The criteria for helping the Commission determine
priorities were: (1) the importation of substantial quantities of
strategic and critical materials, (2) the transportation of substantial
quantities of materials when such transportation was requested by any
defense agency, and (3) the transportation in the foreign or domestic
commerce of the United States of substantial quantities of materials
deemed by the Commission to be essential to the defense of the United
States.[425]
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