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 Designed to Enable Public Opinion to Influence and
Restrict Administrative Action_: Characteristic provisions in this
category range from the requirement of publicity prior to taking
action, sometimes with the explicit provision for outside approval or
disapproval of proposed agency action, to the simple publication of
action taken by the agency, and sometimes to an explanation thereof.
The Bank Conservation Act of 1933 stated that before returning to
private management a bank for which he had appointed a “conservator”
(receiver), the Comptroller of the Currency publicize his intentions
and obtain permission of the depositors and stockholders.[446]
A steadily increasing number of statutory provisions require an agency
to report in advance to Congress, the substance of contemplated agency
action, which action cannot be implemented unless approved by the
Congress.[447] One example will suffice as an illustration. The Alien
Registration Act of 1940 entrusted the Attorney General with a limited
power to suspend deportation of certain aliens upon his finding that
such deportation would result in serious economic detriment to a
citizen or legally resident alien who is the spouse, parent, or minor
child of the deportable alien.[448] Whenever deportation is suspended
for more than six months, however, the Attorney General must furnish
Congress the name of the person involved and all of the facts and
pertinent provisions of law in the case. The information sent to the
Congress is printed as a public document. If during the time Congress
is in session the two houses pass a concurrent resolution stating in
substance that the Congress does not favor the suspension of such
deportation, the Attorney General is obligated to deport the alien in
the manner provided by law.[449]
The Reciprocal Tariff Act of 1934 provides that prior to conclusion of
a foreign trade agreement reducing tariffs, reasonable public notice
of the intention to negotiate an agreement should be given in order
that any interested person might have an opportunity to communicate
his views to the President.[450] A similar provision in the Emergency
Price Control Act of 1942 required, so far as practicable, consultation
by the President with members of affected industries prior to
establishment of maximum prices, and publication of such regulations or
orders accompanied by a statement of the considerations involved in the
issuance thereof.[451]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account