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States from 1789 to 1909, published as House Document 671, 61st Congress, 2d session; an earlier edition was published as House Document 562, 55th Congress, 2d session.

The more important proclamations of Presidents Hoover and Franklin D. Roosevelt are given in the collections of their papers cited on page 314. The Roosevelt papers contain also many of the executive orders. Complete lists of proclamations and executive orders from March 1933 to January 1937 are given on pages 515-624 of Volume 4 (1935) of the Public Papers and Addresses of Franklin D. Roosevelt. There is no assembled index to all the proclamations, but citations to the Statutes at Large containing those prior to March 4, 1931, on certain subjects are given in Index to the Federal Statutes, 1789–1931, as follows:

Copyright privileges extended to citizens of foreign countries under acts of Mar. 4, 1909 (35 Stat. 1075), and Mar. 3, 1891 (26 Stat. 1110), as amended

Page

256

Prohibition of exports under acts of Apr. 22, 1898 (30 Stat. 739), Mar. 14,
1912 (37 Stat. 630), Jan. 31, 1922 (42 Stat. 361).
Tariff:

414

Changes in rates under acts of Sept. 21, 1922 (42 Stat. 941), and June 17, 1930 (46 Stat. 701)‒‒‒‒

305

Minimum rates under act of July 24, 1897 (30 Stat. 203).
Minimum rates under act of Aug. 5, 1909 (36 Stat. 82).

895

304

Reciprocal modifications under act of Oct. 1, 1890 (26 Stat. 612) --.
Suspension of discriminating duties under Sec. 4228, Revised Statutes_
Suspension of free entry of sugar and other products under act of Oct.
1, 1890 (26 Stat. 612).

895

334

334

Tonnage charges and duties:

Suspension of tonnage charges under act of July 24, 1897 (30 Stat.
214)

1046

Suspension of tonnage duties under Sec. 4228, Revised Statutes___.

1047

OTHER PAPERS

While treaties are proclaimed by the President, they are not included in the proclamation series. Forms of publication of treaties are discussed in Chapter 13. Appointments made by and with the advice and consent of the Senate are listed in the Congressional Record when the nomination is transmitted to the Senate. As a general rule appointments made during a recess of the Senate or those not requiring confirmation cannot be verified in any official publication. Appointments in the Foreign Service are listed in the Department of State Bulletin.*

Not all the formal acts of the President are expressed in proclamations or executive orders. While the appointment of a clerk without regard to civil service rules is evidenced by an executive order, the pardon of a prisoner, the commutation of a sentence, and many other acts of the President are evidenced merely by endorsement of the recommendation and without formal publication.

Press statements issued by the White House are given in the published papers of President Hoover and Franklin D. Roosevelt. The Roosevelt papers contain also many transcripts of the questions and answers at the presidential press conferences.

* Prior to July 1939 they were published in Press Releases issued by the State Department.

A list showing the places of deposit of the unpublished papers of the Presidents was inserted in the Congressional Record on July 13, 1939, during the debate on Senate Joint Resolution 118, which provides for the establishment and maintenance of the Franklin D. Roosevelt Library, where the manuscript papers of Franklin D. Roosevelt are deposited.5

PRESIDENTIAL LIBRARIES

Since 1939 three presidential libraries have been established under the sponsorship of the federal government. Only two similar institutions, the Hayes Memorial Library in Ohio and the Hoover Library at Stanford University in California, had been established prior to

1939.

The Franklin D. Roosevelt Library at Hyde Park, New York, was established by a joint resolution of Congress passed in 1939, which provided for its acceptance and operation by the Archivist of the United States. Under the act of 1955, generally called the Presidential Libraries Act, the Harry S. Truman Library at Independence, Missouri, and the Dwight D. Eisenhower Library at Abilene, Kansas, have been established.

The Hoover Foundation recently announced that a library museum to house papers, books, and documents of Herbert Hoover will be built at the Hoover birthplace park in West Branch, Iowa. The documents now housed at the Hoover Library at Stanford University will be located here.

While not a presidential library, a John Foster Dulles library of diplomatic history is planned by the State Department and Princeton University as a tribute to the former Secretary of State.

5

Congressional Record, daily ed., July 13, 1939, p. 12646.

SELECT BIBLIOGRAPHY ON EXECUTIVE ORDERS

Binkley, Wilfred E., The Powers of the President: Problems of American Democracy-Garden City, New York, Doubleday, Doran & Co., 1937.

Burns, James M., Presidential Government-Houghton Mifflin, 1973.

Clark, Keith, and Lawrence Legree, The President and the Management of National Security-Praeger, 1969.

Cochran, Bert, Harry Truman and the Crisis Presidency-Funk and Wagnalls, 1973.

Corwin, Edward S., The President-Office and Powers. 1787-1957: History and Analysis of Practice and Opinion-4th rev. ed. New York University Press, 1957 519 pp.

Cronin, Thomas E., The State of the Presidency-Brookings Institution, 1974. Cronin, Thomas E., and Sanford D. Greenberg-The Presidential Advisory System-Harper and Row, 1969.

Donovan, John C., The Policy Makers-Pegasus, 1970.

Duke University School of Law, The Presidential Office, Durham, North Carolina, 1956 (from Vol. 21. Law and Contemporary Problems 608). Fisher, Louis, President and Congress-Free Press, 1972.

Haltzman, Abraham, Legislative Liaison: Executive Leadership in Congress— Rand McNally, 1970.

Hart, James, The Ordinance Making Powers of the President of the United States. Baltimore, The Johns Hopkins Press, 1925.

Hart, James, The American Presidency in Action, 1948.

Hoopes, Townsend, The Limits of Intervention-McKay, 1969.

Hughes, Emmet John, The Living Presidency-Coward, McCann and Geoghegan, 1973.

James, Dorothy B., The Contemporary Presidency-Pegasus, 1969.

Johnson, Donald B., and Jack L. Walker, Dynamics of the American Presidency-Wiley, 1974.

Koenig, Louis, The Chief Executive-Harcourt, Brace and Would, 1968.

Laski, Harold J., The American Presidency: An Interpretation, London, C. Allen & Unwin, Ltd., 1940.

Liston, Robert, Presidential Power: How Much is too Much?-McCraw, 1971. Milton, George F., The Use of Presidential Power, 1789–1943, New York, Octagon Book, 1965.

Moe, Ronald C., Congress and the President-Goodyear, 1971.

Morgan, Ruth, The President and Civil Rights; Policy-Making by Executive
Order-St. Martin's Press, 1970.

Muller, John E., Wade, Presidents and Public Opinion-Wiley, 1973.
Polsby, Nelson W., Congress and the Presidency-Prentice-Hall, 1971.

Polsby, Nelson W., The Modern Presidency-Random House, 1973.

Popper, Frank, The President's Commissions-Twentieth Century Fund, 1970. Rankin, Robert S. and Dallmayr, Winfried R., Freedom and Emergency Powers in the Cold War, New York, Appleton-Century-Crofts, 1964.

Reedy, George E., The Presidency in Flux-Columbia University
Reedy, George E., The Twilight of the Presidency-Would, 1970.
Schlesinger, Arthur M., Jr., The Imperial Presidency-Houghton Mifflin, 1973.
Small, Norman J., Some Presidential Interpretations of the Presidency. Balti-
more, Johns Hopkins Press. 1932 (doctoral dissertation, pp. 142-143).
Smith, John M. and Cotter, Cornelius P., Powers of the President During Crises.
Washington, Public Affairs Press, 1960.

Strum, Philippa, Presidential Power and American Democracy-Goodyear, 1972.
Sulzer, George, and Stanley Bach, Perspectives on the Presidency-Heath, 1974.
Taft, William Howard, Our Chief Magistrate and His Powers, New York, Colum-
bia University Press, 1938.

(87)

Thomas, Norman C., and Hans W. Baade, The Institutionalized PresidencyOceana, 1972.

Vinyard, Dale, The Presidency-Scriliners, 1971.

Westin, Alan F., The Anatomy of a Constitutional Law Case: Youngstown Sheet & Tube Co. v. Sawyer; the Steel Seizure Decision, New York, Macmillan Co., 1958.

Wildansky, Aaron, The Presidency-Little Brown, 1970.

Wise, Sidney, and Richard F. Schiev, The Presidential Office-Crowell, 1968.

LAW REVIEW ARTICLES

December 1941-51 Yale Law Journal 282. Executive Commandeering of Strikebound Plants.

July 1945-19 Florida Law Journal 221. War Powers of the President.
February 1949-35 American Bar Asso. Journal 97. The President and His
Office: A discussion of two recent books (Corwin and Hart).

December 1949 43 Am. Pol. Sci. Review 1206. Constitutional Significance of
Executive Office of the President.

October 1951-12 Fed. Bar Journal 107. President's Inherent Emergency Powers. Spring 1953-2 Journal of Public Law 29. Steel Seizure―—A Legal Analysis of a Political Controversy.

Summer 1953-14 Univ. of Pittsburgh Law Rev. 467. Steel, Sawyer, and the Executive Power.

1953-53 Columbia Law Review 53. The Steel Seizure Case: A Judicial Brick Without Straw. Edward S. Corwin.

Summer 1957-9 Baylor Law Review 322. Executive Power vs. Limited Government.

December 1963-39 Notre Dame Lawyer 44. Presidential Power: Use and Enforcement of Executive Orders.

Fall 1964-37 Univ. of Colorado Law Review 105. Presidential Legislation by Executive Order.

1968-Harv. L. Rev. 81:1771 Je. Congress, the President, and the Power To Commit Forces To Combat.

November 1969-Virginia Law Rev. 55:1243. Presidential War-making: Constitutional Prerogative or Usurpation. W. T. Reveley III.

October 1970-Int. and Comp. L.Q. 19:671. Supreme Court, the President and Congress. W. F. Swindler.

Fall 1970-Federal Bar Journal 29:250. Progress Through the Executive. R. W.

Jones.

1970-Journal Public Law 19:251. Delegating Power to the President. L. Fisher. January 1971-American Bar Asso. Journal 57:27. President as Commander In Chief. E. P. Deutsch.

April 1971-American Bar Asso. Journal 57:335. President as Commander In Chief: Another View. C. B. Blackmav.

Fall-Winter 1971-Chicago Kent Law Rev. 48:131. Congress, the President and the Power to Wage War. A. M. Beckel.

1971-L. Soc. Ord. 1971:423. Presidents' Ability To Protect America's Freedoms— The War-Making Power. B. M. Goldwater.

August-November 1971, September 1972-West Virginia Law Review 74:53, 367. War Powers Legislation. An addendum. J. T. Emerson.

March 1972-Vill, L. Rev. 17:688. Executive Orders and the Development of Presidential Power.

March 1972-Yale Law Journal 81:672. War-making Under the Constitution, the Original Understanding. C. A. Lofgren.

May 1972-Texas Law Review 50:833. Great Cases Make Bad Law: The War Powers Act. E. V. Rostow.

Spring 1972-U. of M. J. L. Ref. 5:568. Policing the Executive Privilege. Spring 1972-Dick. L. Rev. 76:411. Proposed Legislation Curbing the War Powers of the President. J. B. Kelly.

August 1972-American Bar Asso. Journal 58:809. War Powers: An Invasion of Presidential Prerogative. J. F. Emerson.

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