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Overview

Presidential Emergency Powers

Subject: Law

Presidential emergency powers should be distinguished into two categories, even though the boundary between them is sometimes obscure: the power to act in a crisis based entirely on the ...

Presidential Emergency Powers

Presidential Emergency Powers   Reference library

Donald L. Robinson

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
1,727 words

...(p. 655). The other sources of presidential emergency powers are statutes that grant power to be exercised in the event of a declared emergency. Normally it is the executive who discerns and declares an emergency. When the executive does, he or she quickens many powers. According to a report issued by the Senate Special Committee on National Emergencies and Delegated Emergency Powers in 1973 , there were at that time 470 provisions of federal law that delegated powers to the president in the event of a declared emergency. (Some of them contained ...

Presidential Emergency Powers

Presidential Emergency Powers  

Reference type:
Overview Page
Subject:
Law
Presidential emergency powers should be distinguished into two categories, even though the boundary between them is sometimes obscure: the power to act in a crisis based entirely on the president's ...
Dames & Moore v. Regan

Dames & Moore v. Regan  

Reference type:
Overview Page
Subject:
Law
453 U.S. 654 (1981), argued 24 June 1981, decided 2 July 1981 by vote of 9 to 0; Rehnquist for the Court, Stevens concurring in part, Powell concurring in part and dissenting in part. This decision ...
French Fifth Republic

French Fifth Republic  

Reference type:
Overview Page
The Fifth Republic was formed in response to a military rebellion in Algeria, in May 1958, which was directed more against the policies of the government in Paris than against the regime. Facing a ...
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.s. 579 (1952)

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.s. 579 (1952)   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
516 words

...measures in the face of national emergencies expanded rapidly during Franklin Roosevelt 's administration ( 1933–45 ). Roosevelt pushed the limits of executive power in dealing with the Great Depression and in preparing for and fighting World War II. Harry S. Truman inherited this expanded role of the presidency. Furthermore, his own personal philosophy of decisive action made him a proponent of even greater presidential powers. The Supreme Court thus found itself ruling on just how expansive these presidential powers were in Youngstown Sheet & Tube Co....

Youngstown Sheet & Tube Co. v. Sawyer

Youngstown Sheet & Tube Co. v. Sawyer   Reference library

Thomas E. Baker

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
660 words

...for resisting subsequent claims of presidential inherent authority in areas such as impoundment, executive privilege, electronic surveillance, national security, and the “war on terror”. The holding has come to be generally understood as an interpretive effort to restrain the executive branch within a proper separation of power. See also Inherent Powers ; Labor ; Presidential Emergency Powers ; Separation of Powers ; War Powers . Maeva Marcus , Truman and the Steel Seizure Case—the Limits of Presidential Power , rev. ed. (1994). William H....

Separation of Powers

Separation of Powers   Reference library

Richard M. Pious

The Oxford Companion to Comparative Politics

Reference type:
Subject Reference
Current Version:
2012
Subject:
Social sciences, Politics
Length:
654 words

...periods of effective presidential leadership. In national emergencies, the executive may rely on unilateral assertions of power, such as the expanded conception of constitutional prerogative claimed by US Presidents Jackson, Lincoln, and Franklin Roosevelt, the use of presidential ukase in Russia by President Yeltsin, or the institution of martial rule and emergency powers. [ See also Congress, US ; Presidency, US ; and Supreme Court of the United States .] Gwyn, William B. The Meaning of the Separation of Powers: An Analysis of the...

Separation of Powers

Separation of Powers   Reference library

Richard M. Pious

The Oxford Companion to American Politics

Reference type:
Subject Reference
Current Version:
2012

...periods of effective presidential leadership. In national emergencies, the executive may rely on unilateral assertions of power, such as the expanded conception of constitutional prerogative claimed by US Presidents Jackson, Lincoln , and Franklin Roosevelt , the use of presidential ukase in Russia by President Yeltsin , or the institution of martial rule and emergency powers. [ See also Congress, US ; Judicial System, American ; and Presidency: Governing . ] Bibliography Gwyn, William B. The Meaning of the Separation of Powers: An Analysis of the...

Separation of Powers

Separation of Powers   Reference library

The Oxford Companion to Politics of the World (2 ed.)

Reference type:
Subject Reference
Current Version:
2004
Subject:
Social sciences, Politics
Length:
612 words

...periods of effective presidential leadership. In national emergencies the executive may rely on unilateral assertions of power, such as the use of an expanded conception of constitutional prerogative in the United States used by Jackson , Lincoln , and Franklin Roosevelt , the use of presidential ukase in Russia by Yeltsin , or the institution of martial rule and emergency powers. (See also Congress, U.S. ; Presidency, U.S. ; Supreme Court of the United States .) W.B. Gwyn , The Meaning of the Separation of Powers (New Orleans, 1965). Richard...

Dames & Moore v. Regan

Dames & Moore v. Regan   Reference library

Thomas O. Sargentich

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
293 words

...This decision has been criticized for applying a too‐undemanding standard to the question of presidential power, in particular by relying on inferences from statutes that do not directly deal with certain subjects at hand and, especially, on legislative acquiescence in executive activity. On any view, this decision is an important recognition of broad presidential power in foreign relations. See also Foreign Affairs and Foreign Policy ; Presidential Emergency Powers . Thomas O....

Emergency Powers

Emergency Powers   Reference library

Daniel P. Franklin

The Oxford Companion to American Politics

Reference type:
Subject Reference
Current Version:
2012
Subject:
Social sciences, Politics, Regional and Area Studies
Length:
1,340 words

...Fisher, Louis. Presidential War Power . 2d rev. ed. (Lawrence, Kans., 2004). Franklin, Daniel P. Extraordinary Measures: The Exercise of Prerogative Powers in the United States . (Pittsburgh, Pa., 1991). Genovese, Michael A. “ Democratic Theory and the Emergency Powers of the President. ” Presidential Studies Quarterly 9 (Summer 1979): 283–289. Hamdan v. Rumsfeld, 548 US 557 (2006). Henkin, Louis. Constitutionalism , Democracy, and Foreign Affairs . (New York, 1990). Koenig, Louis William. The Presidency and the Crisis: Powers of the Office from the...

Emergencies and the Rule of Law

Emergencies and the Rule of Law   Reference library

Clement Fatovic

The Oxford Encyclopedia of Crisis Analysis

Reference type:
Subject Reference
Current Version:
2022
Subject:
Social sciences, Politics
Length:
9,931 words

...done on his own authority within 48 hours of assuming office ( Relyea, 2007 , p. 7). Emergency Law in the United States Partially in response to abuses of presidential power stemming from the Vietnam War and the Watergate scandal, the U.S. Congress took steps to curb the statutory growth in emergency powers. When the Special Committee on the Termination of the National Emergency looked into the matter, it found that there were four separate proclamations of emergency simultaneously in effect ( Relyea, 2007 , p. 9). A subsequent panel found that there...

War Powers

War Powers   Reference library

Thomas O. Sargentich

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
471 words

...and balances involving Congress as a key actor. Courts have tended to avoid the issue, treating the question as inappropriate for judicial resolution under the political question doctrine. See also Inherent Powers ; Presidential Emergency Powers ; Separation of Powers ; War . Thomas O....

Wartime Seizure Power

Wartime Seizure Power   Reference library

Thomas O. Sargentich

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
696 words

...on presidential power to seize domestic property during wartime is Youngstown Sheet & Tube Co. v. Sawyer ( 1952 ), in which the Court struck down President Harry S. Truman 's order seizing the steel mills during the Korean War ( see Presidential Emergency Powers ). The majority concluded that Congress had specifically established mechanisms of seizure—which required certain procedures that the president had not followed—and had declined to extend further power to the executive. In this situation, the Court held there was no general presidential...

Youngstown Sheet & Tube Co. v. Sawyer

Youngstown Sheet & Tube Co. v. Sawyer   Quick reference

The Oxford Guide to United States Supreme Court Decisions (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
630 words

...had earlier advised Truman, concurred because the president's authority to act in times of national emergency was subject to the limitations expressly prescribed by Congress. Chief Justice Fred Vinson dissented, joined by Justices Stanley Reed and Sherman Minton , and surveyed the elements of the emergency: the Korean military involvement, the importance of steel as a war material, and the impasse in the labor negotiation. Presidential emergency action had been allowed in the past and the dissent concluded that the president acted constitutionally....

Youngstown Sheet and Tube Co. v. Sawyer

Youngstown Sheet and Tube Co. v. Sawyer   Reference library

Thomas E. Baker

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
682 words

...had earlier advised Truman , concurred because the president’s authority to act in times of national emergency was subject to the limitations expressly prescribed by Congress. Chief Justice Fred Vinson dissented, joined by Justices Stanley Reed and Sherman Minton , and surveyed the elements of the emergency: the Korean military involvement, the importance of steel as a war material, and the impasse in the labor negotiation. Presidential emergency action had been allowed in the past, and the dissent concluded that the president acted constitutionally....

United Mine Workers

United Mine Workers   Reference library

Melvin I. Urofsky

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
314 words

...labor during a strike. The government responded that the War Labor Disputes Act of 1943 superseded the Norris‐LaGuardia Act in situations in which the president, as commander‐in‐chief, issued an executive order pursuant to the declaration of a national emergency ( see Presidential Emergency Powers ). The Court held that the Norris‐LaGuardia Act did not apply when the government was the employer and that the district court therefore had jurisdiction in the case. General public approval of this decision led Congress to pass the Taft‐Hartley Act later in...

Dames & Moore v. Regan

Dames & Moore v. Regan   Quick reference

The Oxford Guide to United States Supreme Court Decisions (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
283 words

...courts to secure any judgments against Iran, and to transfer such claims from U.S. courts to a newly created arbitration tribunal. These agreements were implemented by executive orders. The Court upheld these presidential actions against challenges that they were unauthorized by law. The Court concluded that the International Emergency Economic Powers Act (IEEPA) authorized the president to nullify the attachments and to transfer Iranian assets. It also approved the suspension of claims filed in U.S. courts even though no specific statutory provision...

United States District Court

United States District Court   Reference library

Stanley Ingber

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
316 words

...concluded that to permit official surveillance of domestic groups on the basis of a presidential decision without prior judicial warrant would create undue dangers of abuse. Two days before this opinion was rendered, five men were arrested for attempting to plant electronic surveillance devices in the Democratic National Committee Headquarters in Washington, D.C., an event that initiated the Watergate affair. See also Political Process ; Presidential Emergency Powers . Stanley...

Kaunda, Kenneth David

Kaunda, Kenneth David (1924–2021)   Quick reference

A Dictionary of World History (3 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
History
Length:
290 words

...one-party state ( 1973 ). Later, with the civil war in Angola , he assumed emergency powers. Nevertheless, he was re-elected President in 1978 , again in 1983 , and in 1988 . He legalized opposition parties in 1990 , but was defeated by the trade-union leader Frederick Chiluba in the multiparty presidential election held in November 1991 . In January 1992 he resigned as leader of the UNIP. He returned to politics in 1995 , but was barred from standing in the 1996 presidential election; he finally resigned as UNIP president in 2000 . In late 1997 he...

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