1. MEANINGS OF EMERGENCY:
i.
According to Oxford Dictionary:
Emergency
means,
a.
Sudden or unexpected occurrence of a state of things, and
b. a
juncture that arises or crops up, a sudden occasion.
ii.
"Emergency can be used to describe a state of things which is not
the result of a sudden occurrence. A condition of things causing a reasonable
apprehension of the near approach of danger constitutes an emergency."
iii.
"An emergency is an extensive and serious crisis, in which the whole
nation is involved."
iv.
"Urgency relates to a situation requiring prompt action. Emergency
indicates a situation .suddenly arising & demanding prompt action and is a
stronger word."
2. EMERGENCY & THE AMERICAN
CONSTITUTION:
American
Constitution is silent about the emergencies and it does not describe the
manner in which an emergency is to be dealt with. However, the Supreme Court
has held that emergency does not create powers nor does it increase powers
already given by the constitution. But the Congress can and had, confer upon
the president many powers which he may exercise at the time of emergency. The
definition of emergency is left to the President. He may proclaim a limited or
unlimited emergency.
3.
EMERGENCY & THE AMERICAN PRESIDENT:
(i)
The American president the Commander-in-Chief of U.S armed forces. In that capacity
is authorized to take all those actions which are necessary for the defense of
the country & overthrow of the enemies.
(ii)
He can make rules & regulations for the execution of the Acts of the
Congress and can declare war only with the consent of the Senate However; he
can conduct his diplomatic relations & station his troupes in such a way
that war becomes inevitable.
By
means of his speech, he can create such a situation that there is no
alternative to war. After the declaration of war, he can resort to enormous
emergency powers.
Examples:
(i) President
McKinley sent a battleship to Havana and as it was blown up, it participated
war with Spain.
(ii)
In 1918, President Wilson sent American forces to Siberia to help the Allied
troops fighting against the Bolsheviks although there was no state of war
between the United States of America and Russia.
(iii)
The United States of America declared war against Germany in 1914, but even
before that a shooting war had already started.
(iv)
President Roosevelt announced the existence of an emergency at the beginning of
war in the U.S.A in the war in December, 1914, a large number of laws were put
on the State Book which gave the president control over the resources,
industrial plant and man-power of the country.
4.
RECENT EXAMPLES OF THE USE. OF THE EMERGENCY POWERS
(i) In
1991, President George Bush :( Senior) -used American Armed establishments to
crush Iraq's aggression against Kuwait, under the fold of United Nations.
(ii)
During war against terrorism, envisages after the tragic incident of 11th
September 2001, the American president undertook to perform a much more
domineering role in international politics. President George W.Bush (Junior)
did not pay due heed even to the Resolution of Security Council while taking
decisions to attack Iraq and Afghanistan.
The
use of emergency powers is both salutary & dangerous. Properly used they
are restorative; improperly used they may become a prelude to dictatorship.
However, there is little danger of an American President turning these
emergency powers into dictatorial powers. It is because of the system of check
and balances in the American Constitution. The President has to act within the
limits set by. The Constitution and law. If he acts without the authorization
of law in an emergency, his action can be declared invalid by the Supreme
Court. A reference may be made to the seizure of steel industry by President
Truman. America at that time was busy in the Korean War although no formal
declaration of war had been made. She had declared a national emergency
although no war powers were granted to President Truman as was done in the case
of President Roosevelt. America was committed to build up the North Atlantic defense
forces.. She 'Was, committed to supply England with raw steel & thereby
relieve the strain on her economy. At that time, giant labor bargained with
giant steel for a new contract. There was a deadlock and all efforts to resolve
the same failed. The President was informed by the Secretary of Defense that if
there was a prolonged strike, the military establishment was likely to be
crippled in its defense preparations. The result was that 'President Truman
ordered the seizure of the steel industry. The union men went back to work and
the steel companies took the case to the courts, three judges of the Supreme
Court of .America upheld the action of the President. They admitted that the
action of the President was extraordinary but the times in which the action was.
taken were also extraordinary. In seizing the steel industry the President had
done nothing more than ensuring 'the means by which he had faithfully executed
the law the Congress had recently enacted affecting the diplomatic and military
efforts of America. However, six judges of the Supreme Court held that the
action of the President was illegal.
5.
CONCLUSION:
The
use of emergency powers is both salutary and dangerous. Properly used they are
restorative; improperly used they may become a prelude to dictatorship.
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