Powers of the President during Crises

Powers of the President during Crises

Powers of the President during Crises

Powers of the President during Crises

Excerpt

A preface is a kind of last call to dinner, as it were, in which the authors suggest the purpose of their undertaking, chart the course they have chosen to pursue, and acknowledge the help they have received.

This study of the President's use of emergency powers grew out of research and discussions in Washington, D. C., and at Harvard, the University of California, and other institutions. In one sense, it is a sequel to Dr. Cotter's study of emergency powers in Great Britain, prepared under Harvard's Sheldon Travelling Fellowship during the academic year 1951-52.

In preparing a political science course at the University of California's Riverside campus, one of the most significant gaps in available sources and treatises about the Presidency concerned the vast range of power, generally called emergency powers, available to the Chief Executive should he choose to follow the prescription used by many predecessors, notably F.D.R.

Both authors have, of course, profited from the monumental work of Professor Edward S. Corwin, whose classic study, The President: Office and Powers remains the outstanding work in the field. Professor Robert S. Rankin study, When the Civel Law Fails, contained valuable historical data of particular importance. Both authors have also had the inestimable privilege and opportunity of studying under Professor Charles Fairman, now at Harvard Law School. Professor Fairman study, The Law of Martial Rule, was very helpful in providing the historical setting for government under military control. The authors were fortunate in having read Professor Fairman's paper delivered at the National War College, "A Post-Atomic Attack Situation," wherein it is clearly brought forth that a complete plan and pattern for dealing with a nuclear attack must be worked out that does envisage the restoration of civil government to the nation as quickly as circumstances permit, should the cold war ever turn into an all-out nuclear holocaust.

While the original work on the manuscript was completed before either of the authors came to Washington, both have benefitted from the experience of working in the Pentagon, the Commission on Civil Rights . . .

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