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
The remaining statutes simply provide for publication of agency
action, although in a context which indicates that publication could
be viewed as a check upon the agency’s discretion. The Coordinator
of Transportation, an office created by the Emergency Railroad
Transportation Act of 1933, was required to make public in such
reasonable manner as he might determine orders which he issued under
the Act.[452] The orders were to become effective not less than twenty
days from the date of publication[453] and in the interim interested
parties might file petitions asking that the order be reviewed and
suspended pending review.[454] The Chairman of the War Production
Board, acting with the Attorney General, was given the power with
regard to the antitrust laws and the Federal Trade Commission Act to
temporarily suspend action against violators. The Attorney General was
required to order published in the _Federal Register_ every instance
of the exercise of this power.[455] The Japanese Evacuation Claims
Act of July 1948 provided that written records of hearings, open to
public inspection, be maintained.[456] In formulating new criteria
for identification of a critical defense housing area Congress,
in the Housing and Rent Act of 1953, required publication in the
_Federal Register_ of notices that before applying the new criteria,
a determination had been made to the effect that a specified area
constituted a critical defense housing area.[457]
SUPPRESSION OF INFORMATION BY GOVERNMENT
Statutory provisions falling within this category may be subdivided
into four groupings: (a) exceptions to statutory reporting requirement;
(b) suspension of the requirement that contracts be let only after
public bidding; (c) suppression of information concerning patent
applications of military significance; (d) maintenance of secrecy
of testimony under certain conditions at the request of the person
testifying.
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