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
Certain controls were imposed on the staffing of American vessels. A
statute of December 17, 1941 made it unlawful to employ any person
or to permit any person to serve as radio operator abroad any vessel
(other than a vessel of foreign registry) if the Secretary of the Navy
disapproved the employment for any specified voyage, route, or area of
operation and had notified the master of the vessel of the disapproval
prior to the vessel’s departure.[426] In 1934 a new stipulation
permitted the Commission to suspend the rule requiring radio operators
to have at least six months service before being qualified as a radio
operator. However, suspension of this qualification could not be
retained once the emergency had been terminated.[427]
_Control of Foreign Vessels in American Waters_: The Neutrality Act
of 1935, as amended in May 1937, empowered the President to place
special restrictions on the use of the ports and territorial waters of
the United States. The restrictions which could be imposed involved
limiting access to American ports and territorial waters by the
submarines or merchant vessels of a foreign state. Special restrictions
could be imposed at the President’s discretion once he determined that
such restrictions were needed to protect the commercial interests of
the United States and its citizens, or to promote the security of
the United States. Once limitations on port usage had been imposed,
it became unlawful for any foreign submarine or armed merchant vessel
to enter a port or territorial water of the United States. Only the
President could prescribe the conditions and circumstances which would
justify an exception to the rule.[428]
On October 18, 1939, President Roosevelt issued Proclamation No. 2371
declaring it unlawful for belligerent submarines, whether commercial or
ships of war, to enter the ports or territorial waters of the United
States except when forced into such ports by _force majeure_.[429] The
Panama Canal Zone was exempted from this order. Following enactment
of the November 4, 1939 amendment to the Neutrality Act,[430] a new
proclamation with identical provisions was promulgated in conformity
with the revised law.[431]
CHAPTER VII CONTROL OF COMMUNICATIONS
A contemporary “revisionist” school of historians devoted to a
reappraisal of accepted views of the cause and effect of American
participation in the Second World War, attributes significance to
the charge that the Roosevelt and Truman Administrations selected,
withheld, and released data to historians in a manner calculated to
distort the reasons for American involvement in that war.[432] Similar
charges of selective withholding or release of information, have, of
course, been levied against the Eisenhower Administration.
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