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
Appropriation measures, as for example the Independent Offices
Appropriation Act of 1948, included funds to be expended for objects
of a confidential nature and required auditing officials to accept the
certificate of the expending agency as to the amount of the expenditure
and that it was deemed inadvisable to specify the nature thereof.[471]
Similarly, the National Military Establishment Appropriation Act of
1950 stipulated that the determination of the propriety of expenditure
of the funds by the Secretaries of the military departments should be
final and conclusive upon the accounting officers of the government.
Payments from this appropriation might in the discretion of the
Secretary, be made on his certificate that the expenditures were
necessary for confidential military purposes.[472] The Central
Intelligence Agency Act of 1949 granted the Central Intelligence Agency
a sweeping exemption “from the provisions of any law which requires
the publication or disclosure of the organization, functions, names,
official titles, salaries, or numbers of personnel employed by it,” and
provided further that “the Director of the Bureau of the Budget shall
make no reports to the Congress in connection with the Agency.”[473]
_Suppression of Information Concerning Inventions of Military
Significance_: Here an abridgment of a private economic right which is
quasi-constitutional in character is justified on grounds of security.
The Government appears to be concerned not so much with gaining access
to inventions as with suppression of the publication, particularly
abroad, of inventions of military value.[474]
A Congressional Act of July 1, 1940 states in part: “Whenever the
publication or disclosure of an invention by the granting of a patent
might, in the opinion of the Commissioner of Patents, be detrimental to
the public safety or defense he may order that the invention be kept
secret and withhold the grant of a patent for such period or periods as
in his opinion the national interest requires.”[475]
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