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
A month later the Communications Act of 1934 was amended to enable
the President during time of war or threat of war to regulate or
close any or all facilities or stations for wire communication within
the jurisdiction of the United States.[496] Nearly ten years later
this power was extended to any or all stations or devices capable of
emitting electromagnetic radiations within the jurisdiction of the
United States.[497] The power to close stations for radio communication
within the jurisdiction of the United States included those suitable as
navigational aids beyond five miles of the United States.[498]
ACQUISITION OF INFORMATION BY THE GOVERNMENT
Examined herein are statutes requiring private persons or groups to
report their activities to government agencies, or compelling them to
testify before such agencies; and providing for the conduct or study of
experiments by government agencies, including congressional committees,
for the purpose of obtaining certain information. Other measures
provide for a variety of investigations, inventories, audits, etc., to
be conducted by government agencies and congressional committees, and
intelligence.
_Compulsory Reporting_:[499] Compulsory reporting on an occasional
or periodic basis, it is generally assumed, constitutes an effective
enforcement device. Thus to aid the President in effectively exercising
the powers granted therein, the Bank Conservation Act of 1933[500]
provided that he might require specific, detailed, and confidential
information to be given under oath by any person then engaged in the
banking business. The President could require the production of private
papers, letters, contracts, books of account or other papers in the
custody of the person required to produce them. Not until a very
detailed and thorough examination of the information sought had been
completed, could an accurate report be prepared in compliance with the
Act.[501] The National Industrial Recovery Act permitted the President
to impose such conditions (including requirements for the making of
reports, the keeping of records and the keeping of accounts) for the
protection of consumers, competitors, employees, and others, and in
furtherance of the public interest as he saw fit, as a condition of
approval of codes of fair competition.[502] Another section of the Act
required trade or industrial associations, if they were to receive the
benefit of exemption from antitrust prosecution, to file a statement
with the President in accordance with regulations promulgated by the
Chief Executive.[503] The Securities Exchange Act of 1934 similarly
required periodical reporting[504] as did the 1935 enactment directed
at preventing the interstate shipment of contraband oil.[505]
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