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
A daily reading of responsible newspapers quickly discloses abundant
examples of careful selectivity in the release of information by
government officials, can scarcely be denied. Indeed scholars,
journalists, and the American public are becoming increasingly
dependent upon the release of information by the federal government
for their interpretation of recent historical and current events.[433]
Whatever the import of this development, however, it is not within the
scope of this treatise. The present chapter is limited to a survey and
classification of statutory provisions relating to the withholding and
release of information by the government. It is accordingly appropriate
merely to acknowledge the possibility that intensive research
subsequently may disclose to what extent public opinion has been
prejudiced, distorted, or confused by the federal government’s policies
concerning the release of information.
THE RELEASE OF INFORMATION BY THE GOVERNMENT
Statutes concerning the release of information by government agencies
appear to have been drafted with a view to accomplishing the following
purposes: (a) the convenience of other federal agencies; (b) promotion
of program administration or enforcement; (c) to enable public opinion
to influence and restrict administrative action. Legislative provisions
aimed at disseminating information for the convenience of the public
are included with (b) and (c).
_The Convenience of Federal Agencies_: The Tennessee Valley Authority
Act of 1933 contains the only clearcut and noteworthy example of
the convenience type of provision thus far ascertained. Section 19
of that Act affords the Tennessee Valley Corporation access to the
Patent Office as an instrumentality and agency of the United States
Government. The Corporation is authorized to study, ascertain, and
copy all methods, formulate any scientific information necessary to
enable it to employ the most efficient and economical process for the
production of fixed nitrogen.[434]
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