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
_Reporting to Committees_: The requirement that administrative units
report to superiors, to Congress, or to units of the latter, may be
designed to achieve many purposes. The requirement may be devoid of any
overtone of control--e.g., its aim may be limited solely to providing
of technical information or advice as an aid to policy formulation, or
it may be utilized to promote maximum scrutiny and control of executive
action. For when one must report in detail and frequently on the
discharge of delegated functions, it is necessary either to attempt to
mislead the Congress--a dangerous pastime--or to toe the line and act
as a meticulous surrogate of the legislature, in anticipation of an
imminent accounting with it.
Thus it would be difficult to distinguish the informative and
control purposes of the provision of the Supplemental National
Defense Appropriations Act of 1948 requiring that the Secretary of
Defense report quarterly “to the Committees on Appropriations and
Armed Services of the Congress ... the amounts obligated” for “the
construction of aircraft and equipment.”
The Secretary’s reports were to include a statement of finding by
the President that the contracts let were necessary in the interest
of the national defense and that the contract specifications insured
the maximum utilization of improvements in aircraft and equipment
consistent with the defense needs of the United States.[561] The Mutual
Defense Assistance Act of 1949 permitted the President, upon his own
determination of the need therefore, to transfer funds from one project
to another provided for in the Act. The amounts transferred could not
exceed five percent of the total funds appropriated.[562] Whenever
he made such a determination, however, he was required forthwith to
notify the Committee on Foreign Relations of the Senate, the Committees
on Armed Services of the Senate and of the House of Representatives,
and the Committee on Foreign Affairs own determination of the need
therefore, to transfer funds from one to report to the Congress
biannually on the administration of the Act.[563] The Mutual Security
Act of 1951 contained a similar provision.[564]
Similar to the above is the 1950 requirement that the Secretary of
the Navy annually file with the Committees on Armed Services in the
Congress information as to the proceeds of all sales of condemned
naval material and the expenses connected with such sales.[565] The
1950 statute permitting the summary suspension of civilian officers
and employees of specified departments and agencies (State, Commerce,
Justice, Defense, Treasury, Atomic Energy Commission, National Security
Resources Board, National Advisory Committee for Aeronautics) gave the
President authority to extend the list of agencies to which the Act
applied. Any additions to the list, however, had to be based upon the
best interests of national security and communicated to the Committees
on the Armed Services of the Congress.[566]
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