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
_Intelligence_: The obvious example here is the statute setting up the
Central Intelligence Agency in 1947. Its Director was intrusted with
responsibility for protecting intelligence sources and methods from
unauthorized disclosure and for operating an American intelligence
network.[552]
PROTECTING FREEDOM OF COMMUNICATION
It would be distorting the picture not to take into account those
instances in which Congress displayed concern lest the control programs
it enacted would constrict freedom of communication. Thus while the
Price administrator had the power to require licenses of anybody
selling commodities regulated by his office, his power did not extend
to various media of communication. The selling or distributing of
newspapers, periodicals, books or printed or written material, motion
pictures or radio time were exempted from the license requirement.[553]
The Universal Military Training and Service Act of 1951 permits any
member of the Armed Forces to communicate directly or indirectly with
any Member of Congress. The statute expressly forbids any one from
restricting or preventing a serviceman from writing to his Congressman
or Senator. The only limitation placed on such communication is
that the subject matter does not violate the law or the regulations
necessary to the security and safety of the United States.[554]
CHAPTER VIII LEGISLATIVE RESTRAINTS ON THE ADMINISTRATION OF EMERGENCY
POWERS
It is generally conceded that the problem of the responsibility of
administrative officials in a democracy is the very crux of the problem
of the maintenance of the democratic system,[555] and that we must
look chiefly to the Congress for performance of the task of happily
combining administrative responsibility with the administrative
discretion so vital to the maintenance of the democratic government in
time of peace or war. Members and critics of the federal legislature,
particularly since the 77th or first wartime Congress (1941-1942), have
acknowledged and responded to the need to equip it more effectively
to formulate basic policy as well as to scrutinize administrative
execution of the legislative mandate.[556] As appraised by these
critics the problem is one of adequately and accurately informing the
Congress,[557] of concentrating congressional checks upon essentials
rather than trivia,[558] and, in contradiction of those who seek an
unchecked executive discretion in time of emergency, of “including
closer, stronger, steadier cooperation between the President and the
Congress.”[559]
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