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Powers of the President During Crises

by J. Malcolm Smith and Cornelius P. Cotter

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Chapter III

55 The Emergency Powers (Defense) Act, 1939, 2 & 3 Geo. 6, Ch. 62, Sec. 1.

56 61 Stat. 136, June 23, 1947, Sec. 206, 29 U.S.C. 176.

Emergencies Vary in Intensity

57 Proclamation No. 2076, 48 Stat. 1734, February 16, 1934.

58 63 Stat. 208, June 20, 1949, Sec. 10 (b).

59 Proclamation No. 2352, 54 Stat. 2643, September 8, 1939.

60 48 Stat. 354, February 23, 1934, Sec. 2 (b).

61 Bank Conservation Act, 48 Stat. 1, March 9, 1933, Preamble.

62 Proclamation No. 2153, 49 Stat. 3489, January 10, 1936.

63 Veterans’ Emergency Housing Act, 60 Stat. 207, May 22, 1946, Sec. 1 (a).

64 Agricultural Adjustment Act, 48 Stat. 31, May 12, 1933, Sec. 1.

65 Proclamation No. 2487, 55 Stat. 1647, May 27, 1941.

Varieties of Emergency

Economic Emergencies

66 Proclamation No. 2039, 48 Stat. 1689, March 6, 1933.

67 48 Stat. 1, March 9, 1933. This was the first act of the new Congress, Public Law No. 1.

68 48 Stat. 20, March 24, 1933.

69 48 Stat. 55, May 12, 1933, Sec. 1.

70 48 Stat. 798, May 24, 1934, Sec. 78.

71 48 Stat. 31, May 12, 1933, Sec. 1, the first Agricultural Adjustment Act.

72 48 Stat. 337, January 30, 1934, Sec. 10 (c).

73 Proclamation No. 2153, 49 Stat. 3489, January 10, 1936.

74 55 Stat. 395, June 30, 1941, Sec. 1.

75 67 Stat. 149, July 14, 1953, Sec. 1A.

76 48 Stat. 195, June 16, 1933, Sec. 1.

77 48 Stat. 881, June 6, 1934, Sec. 2 (4).

78 48 Stat. 943, June 12, 1934, Sec. 1.

79 56 Stat. 23, January 30, 1942, Sec. 1 (a).

80 Proclamation No. 2487, 55 Stat. 2643, May 27, 1941.

81 60 Stat. 664, July 25, 1946, Sec. 1A (a).

82 56 Stat. 226, April 28, 1942, Sec. 403.

83 48 Stat. 211, June 16, 1933, Sec. 2.

84 48 Stat. 1185, June 21, 1934, Secs. 3-5.

85 57 Stat. 163, June 25, 1943, Sec. 3, 5-8.

86 61 Stat. 136, June 23, 1947, Sec. 206.

87 60 Stat 207, 1946, Sec. 1 (a).

88 Proclamation No. 2708, 61 Stat. 1944, October 25, 1946; terminated by Proclamation No. 2735, 61 Stat. 1073, June 28, 1947.

89 63 Stat. 18, March 30, 1949.

90 48 Stat. 1478, June 16, 1934.

91 48 Stat. 1275, June 28, 1934, Sec. 2.

92 50 Stat. 903, September 1, 1937, Sec. 509.

93 Proclamation No. 2361, 54 Stat. 2654, September 11, 1939; Proclamation No. 2551, 56 Stat. 1952, April 13, 1942; Proclamation No. 2757, 61 Stat. 1098, November 28, 1947.

94 Proclamation No. 2545, 56 Stat. 1945, April 1, 1942.

95 46 Stat. 590, June 17, 1930, Sec. 318.

96 Proclamation No. 2553, 56 Stat. 1954, April 27, 1942.

Emergencies Occasioned by Natural Catastrophes

97 48 Stat. 354, February 23, 1934, Sec. 1.

98 48 Stat. 1021, 1056, June 19, 1934.

99 Proclamation No. 2092, 49 Stat. 3404, August 10, 1934.

100 Id.

101 48 Stat. 1064, June 19, 1934, Sec. 606 (c).

102 65 Stat. 611, October 24, 1951.

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, February 11, 1937, “floods or other catastrophes in the year 1937”; amendment to National Housing Act, 50 Stat. 70, April 22, 1937, “earthquake, conflagration, tornado, cyclone, hurricane, flood, or other catastrophe”; Emergency Flood Control Act, 59 Stat. 231, June 5, 1945, “floods, or windstorms, or fire caused by lightning”; 61 Stat. 163, June 23, 1947, floods; Interior Department Appropriation Act, 1948, 61 Stat. 460, July 25, 1947, Sec. 3, “emergency caused by fire, flood, storm, act of God, or sabotage”; Flood Rehabilitation Act, 1952, 65 Stat. 615, October 24, 1951, “excessive rains, runoff, and flood-waters”; Reconstruction Finance Corporation Liquidation Act, 67 Stat. 230, July 30, 1953, Sec. 202, “floods and other catastrophes”; Presidential Proclamations No. 2222, and 2223, January 23, and February 1, 1937, 50 Stat. 1810, 1811, January 23, 1937 and February 1, 1937, “disastrous floods”, “flood conditions.”

104 50 Stat. 57, April 6, 1937.

105 50 Stat. 120, April 27, 1937.

106 65 Stat. 69, June 15, 1951.

107 Famine Relief Act, 67 Stat. 476, August 7, 1953, Sec. 1.

National Security Emergencies

108 Proclamation No. 2352, September 8, 1959, 54 Stat. 2643.

109 Proclamation No. 2487, 55 Stat. 1647, May 27, 1941.

110 Id.

111 54 Stat. 885, September 16, 1940, Sec. 3 (a).

112 65 Stat. 75, June 19, 1951, Sec. 3.

113 61 Stat. 460, 491-492, July 25, 1947, Sec. 5.

114 54 Stat. 1220, November 30, 1940.

115 64 Stat. 1257, January 12, 1951, Sec. 1.

116 Proclamation No. 2519, 55 Stat. 1693, October 22, 1941.

117 64 Stat. 1245, January 12, 1951, Sec. 3 (a).

118 Id., Sec. 301.

119 66 Stat. 315, July 1, 1952, Sec. 2 (a). Section 201 (g) of the Civil Defense Act, op. cit., had encouraged such compacts and provided for their automatic approval in the absence of exercise of the congressional veto. Here, however, Congress resorted to the traditional machinery, enacting a statute granting its consent.

120 46 Stat. 696, June 17, 1930, Sec. 318.

121 48 Stat. 1064, June 19, 1934, Sec. 606 (c); 65 Stat. 611, October 24, 1951, Sec. 1.

122 54 Stat. 213, May 14, 1940.

123 59 Stat. 166, May 9, 1945.

124 Proclamation No. 2561, 56 Stat. 1964, July 2, 1942; not dissimilar to the December 8, 1941 Proclamations No. 2526 and 2527 declaring the existence of a threatened “invasion or predatory incursion... by Germany” and by Italy. 55 Stat. 1705, 1707.

125 Title II of the Internal Security Act of 1950, 64 Stat. 987, 1021, September 22, 1950, Sec. 102.

Perceiving the Existence of an Emergency

Notes

126 61 Stat. 34, March 31, 1947, Sec. 2.

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