Chapter II EXECUTIVE DECISIONS IN TIME OF EMERGENCY Crisis situations faced by Presidents in recent years have taken a great variety of forms. Only occasionally, however, have these crises been specifically designated as "emergencies." The criteria for such designation are obscure: The Korean War and a postal strike were "emergencies;" the Vietnam War and the urban riots of 1967-68 were not. Whatever the reasons for this terminological mystery, in order to understand emergency decisionmaking a much broader focus is required than just situations specifically denominated "national emergencies." Despite the variety of the formal categorization of crises, certain aspects of emergency decisionmaking should be noted. First, the form in which a decision or order, by whatever name, will be issued is not prescribed by statute. In one situation an Executive Order will be used and published in the Federal Register. In another, and to all appearances, identical situation, a proclamation will be used and published in the Federal Register. In yet others, extremely important orders will be given, but nowhere published. Secondly, it is clear that the authority cited in issuing the order is important, for the order's legal status may well depend thereon. Whether the order was issued pursuant to an express statutory delegation of power, or whether it rests entirely on alleged constitutional powers of the presidency, may have political or judicial consequences. The general categories here presented are intended as examples and are not to be considered exhaustive compilations. Similarly, the brief notes appended to each category of executive documents have been added for the purpose of outlining characteristic aspects of Presidentional decisionmaking during emergencies. PROCLAIMING AND TERMINATING STATES OF EMERGENCY This section contains examples of declarations of national emergencies. There is, of course, no specific constitutional authority given to the President to do so, but the practice has never been challenged. These declarations are almost always incorporated in the form of official proclamations. Similarly, when the President wishes to terminate a state of declared emergency, he may do so by issuing a pro 1 clamation (for example, Proclamation No. 2974). There are no statutory procedures which require such a terminaton, however, and indeed three of the proclamations here presented 1 have not been terminated (nor has the 1933 emergency announced by Roosevelt and incorporated in the Banking Act of that year, 49 Stat. 1) and are still on the books. Congress may also terminate a declared state of national emergency by statute or Concurrent Resolution. Proclamation 2352-Sept. 8, 1939 PROCLAIMING A NATIONAL EMERGENCY IN CONNECTION WITH THE OBSERVANCE, SAFEGUARDING, AND ENFORCEMENT OF NEUTRALITY AND THE STRENGTHENING OF THE NATIONAL DEFENSE WITHIN THE LIMITS OF PEACE-TIME AUTHORIZATIONS By the President of the United States A Proclamation WHEREAS a proclamation issued by me on September 5, 1939, proclaimed the neutrality of the United States in the war now unhappily existing between certain nations; and WHEREAS this state of war imposes on the United States certain duties with respect to the proper observance, safeguarding, and enforcement of such neutrality, and the strengthening of the national defense within the limits of peace-time authorizations; and WHEREAS measures required at this time call for the exercise of only a limited number of the powers granted in a national emergency: NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do proclaim that a national emergency exists in connection with and to the extent necessary for the proper observance, safeguarding, and enforcing of the neutrality of the United States and the strengthening of our national defense within the limits of peace-time authorizations. Specific directions and authorizations will be given from time to time for carrying out these two purposes. IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of the Unted States of America to be affixed. DONE at the City of Washington this eighth day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth. FRANKLIN D. ROOSEVELT 1 By the President: CORDELL HULL 1 Nos. 2914, 3972, and 4074. Proclamation 2487-May 27, 1941 PROCLAIMING THAT AN UNLIMITED NATIONAL EMERGENCY CONFRONTS THIS COUNTRY, WHICH REQUIRES THAT ITS MILITARY, NAVAL, AIR AND CIVILIAN DEFENSES BE PUT ON THE BASIS OF READINESS TO REPEL ANY AND ALL ACTS OR THREATS OF AGGRESSION DIRECTED TOWARD ANY PART OF THE WESTERN HEMISPHERE By the President of the United States A Proclamation WHEREAS on September 8, 1939 because of the outbreak of war in Europe a proclamation was issued declaring a limited national emergency and directing measures "for the purpose of strengthening our national defense within the limits of peacetime authorizations", WHEREAS a succession of events makes plain that the objectives of the Axis belligerents in such war are not confined to those avowed at its commencement, but include overthrow throughout the world of existing democratic order, and a worldwide domination of peoples and economics through the destruction of all resistance on land and sea and in the air, AND WHEREAS indifference on the part of the United States to the increasing menace would be perilous, and common prudence requires that for the security of this nation and of this hemisphere we should pass from peacetime authorizations of military strength to such a basis as will enable us to cope instantly and decisively with any attempt at hostile encirclement of this hemisphere, or the establishment of any base for aggression against it, as well as to repel the threat of predatory incursion by foreign agents into our territory and society, NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do proclaim that an unlimited national emergency confronts this country, which requires that its military, naval, air and civilian defenses be put on the basis of readiness to repel any and all acts or threats of aggression directed toward any part of the Western Hemisphere. I call upon all the loyal citizens engaged in production for defense to give precedence to the needs of the nation to the end that a system of government that makes private enterprise possible may survive. I call upon all our loyal workmen as well as employers to merge their lesser differences in the larger effort to insure the survival of the only kind of government which recognizes the rights of labor or of capital. I call upon loyal state and local leaders and officials to cooperate with the civilian defense agencies of the United States to assure our internal security against foreign directed subversion and to put every community in order for maximum productive effort and minimum of waste and unnecessary frictions. I call upon all loyal citizens to place the nation's needs first in mind and in action to the end that we may mobilize and have ready for instant defensive use all of the physical powers, all of the moral strength and all of the material resources of this nation. IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of the United States of America to be affixed. DONE at the City of Washington this twenty-seventh day of May, in the year of our Lord nineteen hundred and forty-one, and of the Independence of the United States of America the one hundred and sixty-fifth. By the President: Secretary of State. FRANKLIN D. ROOSEVELT Proclamation 2914-Dec. 16, 1950 PROCLAIMING THE EXISTENCE OF A NATIONAL EMERGENCY By the President of the United States A Proclamation WHEREAS recent events in Korea and elsewhere constitute a grave threat to the peace of the world and imperil the efforts of this country and those of the United Nations to prevent aggression and armed conflict; and WHEREAS world conquest by communist imperialism is the goal of the forces of aggression that have been loosed upon the world; and WHEREAS if the goal of communist imperialism were to be achieved, the people of this country would no longer enjoy the full and rich life they have with God's help built for themselves and their children; they would no longer enjoy the blessings of the freedom of worshipping as they severally choose, the freedom of reading and listening to what they choose the right of free speech including the right to criticize their Government, the right to choose those who conduct their Government, the right to engage freely in collective bargaining, the right to engage freely in their own business enterprises, and the many other freedoms and rights which are a part of our way of life; and WHEREAS the increasing menace of the forces of communist aggression requires that the national defense of the United States be strengthened as speedily as possible: NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do proclaim the existence of a national emergency, which requires that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible to the end that we may be able to repel any and all threats against our national security and to fulfill our responsibilities in the efforts being made through the United Nations and otherwise to bring about lasting peace. |