Category: History - American

Powers of the President during crises

The general welfare, and military effectiveness of a modern industrial nation depend upon the harmonious interaction of a complex, interdependent network of production and transportation facilities. The interruption of this process at any of a myriad of critical points can dis...

Chapters

1. CHAPTER I INTRODUCTION

The general welfare, and military effectiveness of a modern industrial nation depend upon the harmonious interaction of a complex, interdependent network of production and trans...

2. CHAPTER II THE CONCEPT OF EMERGENCY IN DEMOCRATIC POLITICAL THOUGHT

When President Eisenhower on June 16, 1955 suspended the privilege of the writ of _habeas corpus_ and declared a nationwide state of mock martial law, in response to simulated A...

3. CHAPTER III THE CONCEPT OF EMERGENCY IN AMERICAN LEGISLATION

Emergency, as a generic term applicable to individual and group situations as well as to the state, connotes the existence of conditions suddenly intensifying the degree of exis...

4. CHAPTER IV EMERGENCY POWERS OVER PERSONS

Constitutional democracies as well as authoritarian states are confronted in time of military crisis with the need for a maximum productive and military effort directed at natio...

5. CHAPTER V GOVERNMENTAL ACQUISITION OF PROPERTY

In recent years the federal government has set up programs for the acquisition or disposition of productive facilities and natural resources. These programs have had various obj...

6. CHAPTER VI REGULATION OF PROPERTY

We have seen that the effort to rationalize the national economy in time of economic or war emergency may lead democratic governments to assert a power to acquire the raw materi...

7. CHAPTER VII CONTROL OF COMMUNICATIONS

A contemporary “revisionist” school of historians devoted to a reappraisal of accepted views of the cause and effect of American participation in the Second World War, attribute...

8. CHAPTER VIII LEGISLATIVE RESTRAINTS ON THE ADMINISTRATION OF EMERGENCY

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 s...

9. CHAPTER IX INTER-AGENCY RELATIONSHIPS

The study of administration proceeds within the framework of a taxonomy of human relationships, the breadth and content of which remain fluid. In large measure, when we speak of...

10. CHAPTER X JUDICIAL REVIEW

Edward S. Corwin has appraised as a misfortune the fact that “Constitutionalism has worked in this country to impress upon the discussion of public measures a legalistic--not to...

11. CHAPTER XI CONCLUSIONS

Judicial review of a chief executive’s finding that an emergency exists amounts to involvement of Supreme Court Justices in a genre of decision-making which should more properly...

12. CHAPTER I

“The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times...

13. CHAPTER II

[11] Suspension of the writ, and declaration of martial law were, of course, as simulated in the raid itself. The story of the exercise may be traced in the _New York Times_, Ju...

14. CHAPTER III

[103] 48 Stat. 20, March 23, 1933, earthquake; 48 Stat. 993, June 18, 1934, Sec. 3, floods, hurricanes, earthquakes, landslides; Disaster Loan Corporation Act, 50 Stat. 19, Febr...

15. CHAPTER IV

[181] Proclamation No. 2525, 55 Stat. 1700, December 7, 1941; the statutes are found at 1 Stat. 577, 40 Stat. 531, 50 U.S.C. 21, 22, 23, 24 (1951).

16. CHAPTER V

[306] Plantation Pipe Line System (Proclamation No. 2505, 55 Stat. 1670, August 23, 1941); Southeastern Pipe Line System (Proclamation No. 2508, 55 Stat. 1672, September 3, 1941...

17. CHAPTER VI

[327] Proclamation No. 2635. Subsequently, on November 4, the President signed a revision of the Neutrality Act, in which emphasis was shifted from export control to control of...

18. CHAPTER VII

[432] See e.g., the collection of essays edited by Harry Elmer Barnes, _Perpetual War For Perpetual Peace_ (Caldwell, Idaho: 1952, Caxton Press). In his brilliant history of Ame...

19. CHAPTER VIII

[592] An Act: To expedite national defense, 54 Stat. 676, June 28, 1940. An Act: Further to promote the defense of the United States, 55 Stat. 31, March 11, 1941. An Act: To mak...

20. CHAPTER IX

[659] Chapter IX, on “The Problem of Interest Groups,” in Emmett S. Redford’s notable study, _Administration of National Economic Control_ (New York: Macmillan, 1952), is one of...

21. CHAPTER X

[720] Yet note Harold D. Lasswell’s suggestion: “It is important to view the court system as a whole and not limit ourselves entirely to the words uttered by the Supreme Court....