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
_Publicity as an Instrument of Program Administration_: As an
instrument of program administration, publicity may be utilized to
influence or coerce conformity with a program of control, or to
facilitate the servicing of agency clientele. The use of publicity
as an integral part of a control program is exemplified by routine
publication of that which is prohibited, as well as by disclosure
designed to exact compliance with government policy by subjecting those
exposed to unfavorable publicity. Section 102 of the Defense Production
Act of 1950, for example, prohibits the accumulation of scarce
materials in excess of personal or business needs or for purposes
of speculation. The President was directed to publish either in the
_Federal Register_ or elsewhere, a list of materials the accumulation
of which would be unlawful.[435] Violators of this section of the
law would presumably suffer from publicity about unlawful hoarding,
if and when their activities became known to the federal government.
More explicit, but indicative of the same intent, was an Act of July
1940 permitting the President to publish a list of persons designated
as collaborators with the Axis powers. Any person so designated
was prohibited from receiving military equipment or munitions for
export.[436] In a proclamation of July 1941, President Roosevelt
authorized compilation and publication in the _Federal Register_ of
“The Proclaimed List of Certain Blocked Nationals” under the Act.[437]
In statutory provisions for registration of categories of persons,
or maintenance of lists of various kinds, it is difficult, if not
impossible, to discern the various purposes to be served by such
requirements. Thus, if the major objective of the Foreign Agents
Registration Act of June 1938 was to secure for the government current
information concerning persons representing foreign governments or
businesses, and to impose a penalty for failure to register as a
foreign agent, certainly a minor purpose was to insure that members of
the public also should have this information available to them. Section
4 of the Act required the Secretary of State to retain in permanent
form all statements filed under the Act, and to make them available
for public examination and inspection at all reasonable hours.[438]
One can hazard a guess as to what extent this publicity provision was
designed to intimidate so-called foreign agents.
Public-domain text, read in full here on John Shaqi.
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