emergency powers of US president

1. 1) INTRODUCTION
The American presidency was described by Lord Bryce as the greatest office on
the world to which a man can rise by his own efforts. Ogg & Ray also opined that,”
European dictators apart, the American President has become the most powerful
executive office in the world.’’ As to the range of his powers & as to the special
position in which he is placed as Head of the State who is his own Prime Minister,
President’s position as unquestionably unique in the world.
2) RELEVANT PROVISION
Article 2 Section 2 & 3 of American constitution are related to the
powers of the President
3) LITERAL MEANING OF EMERGENCY
Serious crisis
4) LEGAL MEANING
An Emergency is a more extensive & serious crisis, in which the whole nation
is involved
5) SOURCE OF EMERGENCY
The American Constitution is silent about the emergency powers of the
President but the President can exercise certain powers during
emergency.
THE SUPREME COURT HAS HELD
That Emergency does not creates powers nor does it increase powers already
given by the Constitution. But the Congress can confer upon the President
many powers which he may exercise at the time of emergency.
6) ABRAHAM LINCOLN
First time he used Emergency powers in the civil war (1861-1865)
7) PRESIDENT F.D ROOSEVELT
He proclaimed emergency in the middle of 1941, when many
laws were put on the Statute Book, empowering the President to
control the resources, industrial plants& manpower in the country.
8) KINDS OF EMERGENCY
There are two kind of Emergency
Subject: US Constitution
Standard: LL.B 4th
semester
Topic: EMERGENCY POWERS OF THE PRESIDENT
MUNIR HUSSAIN KTK
Lecturer
UNIVERSITY LAW COLLEGE
QUETTA
www.facebook.com/pages/Corridor-to-Commercial-Law

2. a) Limited Emergency
b) Unlimited Emergency
9) EMERGENCY POWERS
• Supreme commander of all armed forces
• Appoint military officers
• Responsible for defense
• Use veto power frequently
• Use military for defense
• Can declare emergency
• Can declare war
• Deploy the armed forces anywhere in & out of the country
CASE LAW:.
MARTIN VS MOTT (1827)
HELD
“It was declared that President can use military in emergency with
full authority.”
10) LIMITATION ON EMERGENCY POWERS
There are certain limitations on the emergency powers of the President .The
president has to act within the limits set by the constitution otherwise his actions
can be declared invalid by the Supreme court.
11) CONCLUSION
“The range of President’s function is enormous. He is ceremonial head of the
state. He is vital source legislative suggestion. He is final source of all executive decision. He
is the authoritative exponent of Nation’s foreign policy.’’
(Laski)