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
Among recent innovations which may be viewed as the product of this
movement to perfect administrative accountability to Congress are the
requirements of executive reporting to the Legislative Branch and the
“legislative veto.” Whether statutes embodying these devices provide
Congress with a check on the Executive Branch in excess of that deemed
essential, and in effect, accord to the Legislative Branch an actual
participation in the administration of the laws is the major issue to
which this chapter is devoted.
ACCOUNTING TO COMMITTEES
In the course of signing H. R. 6042, a defense appropriations bill,
on July 15, 1955, President Eisenhower rebuked Congress for including
therein Section 638 requiring the Secretary of Defense to secure prior
consent of the House and Senate Appropriations Committees before
separating from his Department functions which he thinks could
better be performed by private industry. The President alleged that
the Congress has no right to confer upon its committees the power to
veto Executive action or to prevent Executive action from becoming
effective. Invoking the constitutional principle of the separation of
powers, he declared his intention to ignore this provision.[560]
While the bill which President Eisenhower reluctantly signed
represented an effort to delegate a share in the executive function
to committees of the Congress, such legislative action is not wholly
without precedent. A survey of legislation in the fields of foreign
affairs and economic or military emergency since 1933 indicates not
infrequent attempts by Congress to secure for its committees some
measure of continuing influence over the exercise of powers delegated
to the executive. This may take the form of requiring periodic or
special reports to policy committees instead of the full houses, it may
take the form of compulsory consultation with committees--and whatever
this entails by way of consequent committee influence on administrative
action, or the committee may be secured a suspensive, enabling, or veto
power over administrative action. It would be rash to construct, on the
basis of our study, a judgment of the potential good or evil attending
the increasing effort of Congress to share the detailed burdens of
administration. The trend, it seems clear, exists, however.
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