Political Scientist Clinton Rossiter maintains that even a democracy needs to transform itself into a kind of dictatorship when the safety of the nation is in danger. Within the situation Rossiter calls “constitutional dictatorship,” the chief executive assumes direct leadership of the nation because of his responsiveness and the flexibility of his actions.
In fact, in the United States, there has been a consensus on the presidential prerogative, especially in times of crisis, whereas it remains undefined as to when an emergency is recognized and who determines it. Franklin Roosevelt (FDR) assumed the role of determinant when he proclaimed a state of national emergency. As significant as this may appear, historians and political scientists have paid scant attention to FDR’s proclamations. Thus, the immediate aim of this article is to demonstrate the strategy behind the FDR’s decision to proclaim an “unlimited” national emergency on May 27, 1941.
At first glance, this proclamation had almost no influence on whether the U.S. Navy should escort British merchant ships sailing across the Atlantic, which was the most relevant issue at the time. Moreover, FDR did not make the most of the psychological effect of the proclamation as the interventionists had desired. Indeed, FDR dismissed the idea of making drastic changes in his policy. As a result, his proclamation has been seen as just another occasion on which to declare an emergency; however, the presidential proclamation of emergency possessed not only psychological but also legal effects; namely, to invoke powers available only in times of emergency. Recognizing that, FDR attempted to take the advantage of the situation. Having considered the evidence and facts, it appears reasonable to think that an “unlimited” national emergency was necessary for FDR to interpret the powers delegated to the president during World War I and to justify his future actions, relative to the kind of action previously taken during wartime.
Although Congress did not necessarily agree with FDR’s judgment on whether an “unlimited” national emergency truly existed and despite the fact that FDR’s proclamation of emergency had no constitutional status, Congress validated it by referring to it in bills. If the duration of law was based solely on the FDR-claimed state of emergency, then Congress had no method by which to revoke it because there was no way to revoke the presidential proclamation itself. Harry Truman, FDR’s successor, also proclaimed a national emergency in the face of the Korean War. In fact, it was not until the National Emergencies Act of 1976 that the procedure by which presidents could proclaim a national emergency was established.
FDR’s proclamation is of symbolic value because it signals the ambiguity associated with who is able to determine the existence of an emergency. Future Presidents no longer can unilaterally proclaim a national emergency; however, given the lingering nature of the “war on terrorism,” they can claim a state of emergency or crisis to justify their use of prerogative. Therefore, the problem posed in this article remains relevant today.
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