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Executive Responsibility to Congress via Concurrent Resolution

Published online by Cambridge University Press:  02 September 2013

Howard White
Howard White
Affiliation:
Miami University
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Extract

A clause reserving to Congress the right to terminate by concurrent resolution (which has not for over a century and a quarter been submitted for presidential approval) powers delegated to the President or a department head appears in so many acts of the Seventy-seventh Congress that further consideration of its political and constitutional aspects seems appropriate. If its constitutionality is established, this clause enables a majority of both houses, when dissatisfied with executive conduct of any of these delegated powers, to terminate them. Leaders of the present administration, in Congress and in the executive branch, are aware of this possibility. Supporting the measure to extend the draft period, its author, Senator Elbert Thomas, said: “Broad authority is conferred by the measure, but that authority is expressly subject to revocation at any time by concurrent resolution of the Congress.”

Type
American Government and Politics
Information
American Political Science Review , Volume 36 , Issue 5 , October 1942 , pp. 895 - 900
Copyright
Copyright © American Political Science Association 1942

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References

1 See this Review, Oct., 1941, pp. 886–889, and Apr., 1942, p. 301, for previous comment.

2 Cong. Rec., July 30, 1941, p. 6580. In a letter to the writer, Dr. Floyd M. Riddick says that “several departmental drafts submitted to Congress for enactment contained clauses providing for termination of law by use of concurrent resolution (for example, the Second War Powers Act and the Acquisition of Property Bill).”

3 Powers granted in specified titles or in entire acts are subject to termination by concurrent resolution in Public Laws of the 77th Congress as follows:

No. 11, sec. 3 (c). March 11, 1941. The “Lend-Lease” Act.

114. June 21, 1941. Presumably, since “until otherwise ordered by the President or Congress.”

213. Aug. 18, 1941. Service Extension Act.

354. Dec. 18, 1941. First War Powers Act.

403. Jan. 20, 1942. Daylight saving.

413. Jan. 26, 1942. Amends sec. 606, Communications Act of 1934.

421. Jan. 30, 1942. Emergency Price Control Act.

450. Feb. 10, 1942. Overtime for certain employees (“unless the Congress shall otherwise provide”).

482. Mar. 6, 1942. Amends Merchant Marine Act of 1936. (But No. 523, April 11, amending same act, “or until such earlier date as the President may designate.”)

507. Mar. 27, 1942. Second War Powers Act.

535. Apr. 29, 1942. Flying hours of air pilots.

580. June 5, 1942. Sundry military establishment matters.

603. June 11, 1942. Promotion of small business.

610. June 16, 1942. Certain emergency laws relating to the merchant marine extended.

638. June 30, 1942. Authorizing the control of the exportation of certain commodities.

643. July 2, 1942. Amending authorization to requisition certain articles and materials.

[Dr. Floyd M. Riddick has helped in preparing this list.]

4 Public Law 212 (72 Cong.), Part II, Title IV, sec. 407, June 30, 1932.

5 Public Law 19 (76 Cong.), Title I, Pt. 1, sec. 5 (a) and pt. 2 entire, the latter prescribing in detail the form a concurrent resolution pursuant to the act shall take “as an exercise of the rule-making power of the Senate and the House of Representatives, respectively….”

6 Public Res. 54 (76 Cong.), Nov. 4, 1939. Professor J. H. Leek called the writer's attention to this use of the concurrent resolution.

7 Public Law 670 (76 Cong.), June 28, 1940. Title II, sec. 20 (c).

8 Public Law 354 (77 Cong.), Dec. 18, 1941. Title IV, sec. 401.

9 Art. I, sec. 7.

10 Hinds, A. C., Precedents of the House of Representatives, IV, sec. 3483.Google Scholar

11 84 Cong. Rec., 2479, Mar. 8, 1939. Entire letter in 83 ibid., 4487.

12 Public Law 213., Aug. 18, 1941. Senator Thomas' remarks, Cong. Rec., July 30, 1941, 6580.

13 “Perhaps it will be necessary for the executive power of the Government … to make this concession in order to get the bill passed….” Murdock, Senator, 87 Cong. Rec. 1596, Mar. 1, 1941.Google Scholar

14 Cong. Rec., Aug. 12, 1941, 7227.

15 Ibid., June 2, 1942, 4951, for Conference Report.

16 Public Law 354, sec. 401. But Public Laws 213, 403, and 413 provide for termination at any time only by concurrent resolution. For reverse, see above, note 3, comment on 523, following 482.

17 Public Law 421, Jan. 30, 1942. “Shall terminate on June 30, 1943, or upon the date of a proclamation by the President, or upon the date specified in a concurrent resolution by the two houses of the Congress….”

18 87 Cong. Rec. 1596, Mar. 1, 1941.

19 Cong. Rec., Jan. 28, 1942, 809.

20 87 Cong. Rec. 1596.

21 From a letter to the writer, Dec. 17, 1941.

22 87 Cong. Rec. 1596.

23 Ibid., 1597.

24 Cong. Rec., Jan. 28, 1942, 809.

25 Ibid., Jan. 26, 1942, 653.

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