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
_Exceptions to Statutory Reporting Requirements_: As chief recipient
of agency reports, Congress very obviously suffers the maximum loss
when it sanctions suppression of reporting requirements in the interest
of national security. Indicative of its sacrifice are provisions in
the Communications Act of 1934 authorizing the Federal Communications
Commission “to withhold publication of records or proceedings
containing secret information effecting the national defense.”[458]
Of like import is the requirement in a statute delegating to the
President power to authorize production, transfer or export of war
material by federal agencies. The Chief Executive had to notify
Congress at least every 90 days regarding war material exports. He
could withhold, however, whatever information disclosure of which
he deemed incompatible with the public interest.[459] In the month
following Pearl Harbor the Secretary of State was authorized during the
existence of a state of war to omit or dispense with reports required
by the Neutrality Act of 1939.[460] In extending the effect of certain
emergency statutes Congress, in the Mutual Security Act of 1951,
permitted the President to submit biannual reports on operations under
the Act. He was privileged to exclude from his report information, the
disclosure of which he deemed incompatible with the security of the
United States.[461]
To prevent information of value to the enemy from being disclosed
in litigation during World War II, Congress provided for staying of
judicial proceedings against the U.S. in time of war on claims for
damages caused by Navy vessels, or for towage or salvage services
to such vessels, when the Secretary of the Navy certified that the
prosecution of such proceedings would endanger the security of naval
operations or interfere therewith.[462] Upon receipt of certification
courts were required to stay all further proceedings in a suit until
six months after the cessation of hostilities or until an approved
earlier date as stated in the certificate. The claimant could petition
the Secretary of the Navy to reconsider the stay, but his petition was
not to contain any recital of the facts or circumstances involved.
Identification of a petitioner’s case was to be solely by reference to
the Secretary’s certificate.[463]
_Suspension of Financial Controls_: In a partially regulated
economy, advertising and competitive bidding on public contracts
benefit producer and taxpayer. These requirements insure relatively
equal access to public contracts by private entrepreneurs, minimize
nepotism or favoritism, and protect the public from extravagance. In
a controlled war economy advertising and public bidding very probably
would frustrate efforts to rationalize the productive facilities
of the nation, and certainly would present the enemy with valuable
intelligence. Indeed, intelligence considerations may lead to provision
for the secret letting of certain contracts, even in time of peace.
Public-domain text, read in full here on John Shaqi.
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