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Storage
J. K.
214.
• A5S)
Copyright, 1948, by
HENRY HOLT AND COMPANY, INC.
PRINTED IN THE UNITED STATES OF AMERICA
ºff tºfºº ſº
Undergraduate
Library Undeºk---
*~~
Contents
The President: Succession and Terms PAGE 2
Congress and Its Reorganization 3-4
Integration of the Armed Services 4-9
Administrative Procedure Act 9-10
Small Claims and Suits Against the National Government 1O
National Labor Laws: The Taft-Hartley Act I O-11
Changes in the National Government
of the United States, 1946-1947
The cessation of actual fighting in World War II; the death of Franklin D.
Roosevelt in his fourth term as President; the succession to the Presidency of
Harry S. Truman; and the Republican victory in the congressional elections
of November, 1946—these events ushered in a series of important changes in
the policies and organization of the national government. The following
Summary of Some of the more important developments during 1946 and 1947
has been prepared for the convenience of those teachers and students who
are using the third edition of my American Government, and the 1946 edition
of my The National Government of the United States, published in August
of that year. New printings of both books to be made in the near future will
include appropriate textual changes and will supersede both the 1946 texts
and this summary of changes.
No attempt is made here to cover all the many governmental changes that
the two years brought forth. Students of American Government are con-
cerned mainly with the basic facts and the broad issues of governmental
structure, organization, and procedure. The numerous minor changes in
policies and in personnel that are constantly taking place, while not unim-
portant, cannot be dealt with successfully in college and university courses.
For example, the student is concerned with the fact that at the war's end
most of the President's emergency powers were quickly terminated and that
wartime rationing and price controls were also almost entirely discontinued.
Such broad changes are important in many respects, and there may be good
grounds for debating whether the President and Congress were not too hasty
in their attempts to restore a peacetime economy. At the same time it would
be futile to attempt to list or even to summarize all the detailed changes in
governmental organization and procedure that these two broad changes
brought with them.
In connection with each topic herein discussed, references are made to the
pertinent chapters and pages in the two texts.
I
2 NATIONAL GOVERNMENT, 1946-1947
THE PRESIDENT: SUCCESSION AND TERMS
(American Government, ch. 23, especially pp. 407-08. The National Govern-
ment of the United States, ch. 10, especially pp. 157-60.)
The rules on succession to the Presidency were altered by Congress in 1947,
on the recommendation of President Truman. The new act (80th Congress,
1st Session, ch. 264, Public Law 199) provides that “if, by reason of death,
resignation, removal from office, inability, or failure to qualify, there is neither
a President nor Vice-President,” then the Speaker of the House, or, if he fails
to qualify, the President pro tempore of the Senate, shall act as President
until the end of the term or until the inability has been removed. This is the
most important feature of the new act, putting the Speaker and the Senate's
President pro tempore ahead of the cabinet officers. Next in line come the
Secretary of State, Secretary of the Treasury, and so on, as before, except that
by the National Security Act of 1947 the Secretary of Defense takes the
former place in line of the Secretary of War as third-ranking among the
heads of departments, while the Secretaries of War, Navy, and Air Force as
now established are wholly eliminated from the presidental succession.
The President's term of office is set by the Constitution at four years. For
many years there was a “no-third-term” tradition. The election of Franklin D.
Roosevelt for a third and then a fourth term, although supported by a major-
ity of the voters, brought a strong reaction in other quarters. In 1947 the
Republican Congress with some Democratic support carried out the Republi-
can party plan to submit a constitutional amendment to limit a President
to not over two terms. To be effective the amendment must be ratified by
three-fourths of the state legislatures within seven years from the date of its
submission. The proposal reads as follows:
Section 1. No person shall be elected to the office of the President more than
twice, and no person who has held the office of President, or acted as President,
for more than two years of a term to which some other person was elected Presi-
dent shall be elected to the office of the President more than once. But this Article
shall not apply to any person holding the office of President when this Article was
proposed by the Congress, and shall not prevent any person who may be hold-
ing the office of President, or acting as President, during the term within which
this Article becomes operative from holding the office of President during the
remainder of such term.
A number of state legislatures have already approved this amendment but
it is not yet certain that it will be ratified by the necessary three-fourths within
the seven-year time limit.
CONGRESS AND ITS REORGANIZATION 3
CONGRESS AND ITS RE ORGANIZATION
(American Government, 3rd ed., chs. 24, 26, 27, 28, 41, especially pp. 422-23,
448-49, 488-89, 697, 700-ol. The National Government of the United States,
chs. 11, 12, 26, especially pp. 168, 190-91, 202-07, 448-54)
Following years of intermittent public discussion of various alleged defects
in the organization and procedure of Congress, studies and reports by several
private organizations, and intensive study by a joint Senate-House Committee
(the LaFollette-Monroney Committee), Congress enacted the Legislative
Reorganization Act of 1946 (79th Congress, 2nd Session, ch. 753, Public Law
601). This was the first comprehensive act ever passed for the reorganization
of Congress. Even in the so-called Revolution of 1911, when “Cannonism”
was dethroned, Congress made fewer important changes than in 1946. By the
1946 act (1) the number of standing committees is reduced from 80 (47 in
the House and 33 in the Senate) to 34 (19 in the House and 15 in the Senate).
With certain changes in the sizes of committees Senators are now in general
limited to two committee memberships each and Representatives to one
each. -
2. The subjects to be dealt with by each committee are carefully outlined
in the act and they are better grouped than before with reference both to each
other and to the work of the administrative agencies of the government.
There should, therefore, be fewer chances for jurisdictional conflicts among
committees and less occasion for summoning the same administrative officers
to appear before a number of committees on the same matter.
3. Standing committees are directed to hold regular public meetings, to
keep records of all committee actions, to take no actions unless a majority of
the members are present, to report all committee actions promptly to the
house concerned, and to take certain other steps toward a more orderly
conduct of their work. -
4. Provisions are made for increasing and improving the informational and
technical services of Congress and of its several standing committees, and for
enlarging the powers of standing committees to conduct investigations.
5. Every organization that attempts to influence legislation before Congress,
and every paid representative or lobbyist of such an organization, is required
to register with the Clerk of the House and the Secretary of the Senate, to
keep financial accounts, and to report quarterly to both houses on its or his
receipts and expenditures. Newspapers, regular party committees, and certain
individuals are exempted from the act. The penalties for violation are rather
Severe.
6. The four financial committees of House and Senate (on appropriations,
and on ways and means or finance) are directed to act jointly at the beginning
of each session to report a “legislative budget,” in which “the maximum
4 NATIONAL GOVERNMENT, 1946-1947
amount to be appropriated in such year” shall be recommended to Congress.
Congress is evidently expected under the act to adopt such a ceiling over
appropriations before any appropriations bills are enacted. To assist Congress
in its work of controlling government finances the act also imposes on the
Comptroller General the duty to analyze and to report to Congress upon the
expenditures of all government agencies. The attachment of legislative “riders”
to appropriation bills is forbidden.
7. Members are forbidden to introduce private bills for pensions or other
claims against the government. Pension claims are supposed to go through
the regular administrative channels. Other claims, for personal injury as well
as for property losses, may be settled by the administrative agency concerned
if amounting to not over $1,000. If not so settled, or if of larger amount, they
may be presented to a United States District Court in the form of a suit
against the government, and be decided by such court.
8. The salaries of Congressmen are increased to $12,500, plus a tax-exempt
“expense allowance of $2,500 per annum to assist in defraying expenses relat-
ing to, or resulting from, the discharge of his official duties.” Members are also
authorized, acting voluntarily and as individuals, to come under the Civil
Service Retirement Act upon the making of specified contributions from their
salaries.
This legislation has not yet received a full, fair test. On its first trial the
“legislative budget” provision proved almost unworkable. Although the
number of standing committees was decreased, new subcommittees and special
committees were established. Furthermore Congress failed to provide the
funds for the increased informational services it had authorized; in fact, the
existing services took substantial cuts in 1947.
Furthermore the act falls short of what many students think necessary to
modernize Congress and to increase its efficiency to the maximum. It does
nothing about the seniority rule for committee chairmanships, nothing about
filibustering in the Senate, and nothing to establish an effective merit System
for selecting staff members for Congress and its committees. Perhaps, after
all, the Legislative Reorganization Act of 1946 is only one step on a long road
toward the making of a more effective and more responsible Congress.
INTEGRATION OF THE ARMED SERVICES
(American Government, 3rd ed., ch. 38, especially pp. 647-52. The National
Government of the United States, ch. 23, especially pp. 402-07.)
Separate Defense Departments. The existence of two separate and co-ordi-
nate departments for national defense raised numerous questions and diffi-
culties, and especially so in wartime. As Commander in Chief the President
always had the authority to require the two departments and their respective
INTEGRATION OF THE ARMED SERVICES 5
forces to cooperate, but many factors including the great pressure of his other
duties precluded him from doing so effectively. The two services went their
own ways, competing for personnel, arms, munitions and appropriations,
maintaining duplicating army and navy posts and other facilities, and not
fully agreeing even on Such vital matters as defense plans.
The issue of unification or more thorough co-ordination came to a head in
World War II. Many observers believe that the debacle and defeat at Pearl
Harbor were largely attributable to the failure of the Army and Navy to work
more closely together. Supplementing earlier efforts at co-ordination, President
Roosevelt early in the war organized the Joint Chiefs of Staff for the compre-
hensive planning and organization of all military operations. An admiral
served as the President's personal chief of staff. Other members of the Joint
Chiefs of Staff were the chiefs of staff of the Army, Navy, and Army Air
Forces. The latter service had been made so large and important that it
required separate representation. Another forward step was the appointment
for each theater of combat of one officer, whether from Army or Navy, to
command all operations.
National Security Act of 1947. Both President Roosevelt and President
Truman strongly recommended to Congress the enactment of legislation for
unification of the armed services. After thorough investigation and prolonged
debate Congress passed the National Security Act of 1947 (80th Congress, 1st
Session, ch. 343, Public Law 253), in order to achieve a comprehensive na-
tional defense program and integrated defense policies and procedures by
means of the “authoritative co-ordination and unified direction under civilian
control” of three military departments, namely the Army, the Navy, and the
Air Force.
New Civilian Defense Agencies. On the more civilian side the new act sets
up three co-ordinating agencies that are potentially very important. (a) The
National Security Council consists of the President, the Secretaries of State,
Defense, Army, Navy, and Air Force, the chairman of the National Security
Resources Board, and other high-ranking officials to be designated by the
President. This board, which is provided with an executive secretary and a
small staff, is to appraise the entire defensive situation and resources of the
nation and to make general defense-policy recommendations to the President.
(b) Directly under the Council is provided a Central Intelligence Agency.
This agency, acting through its Director, is intended to co-ordinate all the
intelligence services of the nation, and to recommend improvements therein.
Those who drafted the Act took great care to prevent military control over
this new agency, and to forbid it to exercise any internal security functions.
The strong American revulsion against Secret police such as the Gestapo is
here revealed.
c. The National Security Resources Board is to be headed by a civilian
chairman appointed by the President. Its other members are to be such heads
and representatives of government departments and agencies as the President
6 NATIONAL GOVERNMENT, 1946-1947
may designate. Members of the staff of the board are to be appointed by the
chairman. The functions of this agency are research, planning, and advice to
the President on military, industrial and civilian mobilization for defense and
war. Manpower mobilization, location of industry, utilization of natural re-
Sources, military and civilian transportation, and all other essential factors are
to be studied and planned with a view to wartime needs. In effect this new
civilian agency thus takes over a function previously performed by the War
and Navy departments.
The New National Military Establishment. On the military side the new
act makes important organizational changes. It establishes the National Mili-
tary Establishment, creates the new offices of Secretary of Defense and Secre-
tary of the Air Force, and declares that the National Military Establishment
shall consist of the Departments of the Army, Navy, and Air Force, together
with the other military agencies to be noted below. -
a. Secretary of Defense. At the head of the National Military Establish-
ment is an officer entitled Secretary of Defense. If there is to be any effective
co-ordination of the military departments it must come from this secretary.
He is to be appointed by the President from civilian life and is to have salary
and rank equal to that of other secretaries of departments. He is to be “the
principal assistant to the President in all matters relating to the national
security.” Under the President's direction he is to:
(1) Establish general policies and programs for the National Military Estab-
lishment and for all of the departments and agencies therein;
(2) Exercise general direction, authority and control over such departments
and agencies;
(3) Take appropriate steps to eliminate unnecessary duplication or overlapping
in the fields of procurement, supply, transportation, storage, health, and research;
(4) Supervise and co-ordinate the preparation of the budget estimates of the
departments and agencies comprising the National Military Establishment;
formulate and determine the budget estimates for submittal to the Bureau of
the Budget; and supervise the budget programs of such departments and agencies
under the applicable appropriation acts.
These appear to be substantial powers, and in the hands of an able Secre-
tary of Defense backed by a strong President they may prove to be sufficient
to achieve in time a high degree of teamwork among the defense depart-
ments. It remains to be seen, however, what such terms as “general policies”
and “general direction” will mean in practice. Furthermore the act makes it
clear that Congress did not intend to unify the armed Services into one de-
partment. The National Military Establishment is not itself called a depart-
ment. Although it includes all three defense departments, Army, Navy, and
Air Force, they are to “be administered as individual executive departments
by their respective Secretaries, and all powers and duties relating to such de-
partments not specifically conferred upon the Secretary of Defense by this
Act shall be retained by each of their respective Secretaries.” The act also
INTEGRATION OF THE ARMED SERVICES 7
expressly authorizes each of the three defense secretaries, upon notifying the
Defense Secretary, to go directly to the President or to the Bureau of the
Budget with any report or recommendation relating to his department.
Agencies of Military Co-ordination. Offsetting in some degree these appar.
ently significant gestures in the direction of departmental autonomy are a
number of co-ordinating agencies set up within the National Military Estab-
lishment by the act itself.
a. A War Council is established to consist of the Secretary of Defense as
chairman, and the three secretaries and their respective chiefs of staff from
the three defense departments. This body is to advise the Secretary of Defense
on all matters of broad policy relating to the armed forces that he may lay
before it.
b. The Joint Chiefs of Staff are established as a body to consist of the
chiefs of staff of the three armed services (called Chief of Naval Operations
in the Navy) together with “the Chief of Staff to the Commander in Chief,
if there be one.” Subject to the authority and direction of the President and
the Secretary of Defense, the Joint Chiefs of Staff are required to prepare
strategic military and logistic (transport and supply) plans, to establish uni-
fied commands in strategic areas, to formulate joint education and training
plans, to consider jointly the needs for personnel and war materials, and to
Serve as principal military advisers to the President and the Secretary of De-
fense. It will be noted that the three secretaries of the military department,
being civilians, are not included in the Joint Chiefs of Staff.
To assist the Joint Chiefs of Staff in their work the act also creates a Joint
Staff to consist of not over one hundred Army, Navy, and Air Force officers,
to be selected in about equal numbers from the three services. This is to be,
in effect, a research, planning, and advisory staff under the Joint Chiefs.
c. Munitions Board. This board consists of four persons: a chairman ap:
pointed from civilian life by the President with Senate consent, and an Under-
Secretary or Assistant Secretary from each of the three military departments
designated by the respective Secretaries thereof. Under the direction of the
Secretary of Defense this board is to co-ordinate the work of the three military
departments in the procurement, production and distribution of munitions
and military supplies of all kinds, to plan the military aspects of industrial
mobilization for war, plan for standardization of specifications among the
departments, help to determine priorities, and to do a number of other things
relative to procuring military personnel and materials for all branches of the
three services, all under the direction and in aid of the Secretary of Defense.
d. A Research and Development Board is also established to serve all
branches of the National Military Establishment. It is responsible for the
broad field of scientific research and the development of new weapons and
devices for military purposes. There was such a board in World War II. This
board is to consist of a civilian chairman appointed by the President with
8 NATIONAL GOVERNMENT, 1946-1947
Senate consent and two representatives from each of the three military de-
partments to be designated by the respective Secretaries. This board is also
under the direction of and responsible to the Secretary of Defense.
Taken as a whole these new arrangements may appear to be unduly elabo-
rate. The fact is, however, that every agency except the central office of
Secretary of Defense corresponds to one or more joint or separate agencies
that existed in World War II and that were found to be necessary to the
national security. What is new is that they have been all pulled together, given
more systematic organization under a single act of Congress, and, on the
military side, made responsible to a new officer, the Secretary of Defense. This
grouping of three departments of cabinet rank under the supervision of one
superior officer is something new in national administrative organization in
the United States.
The reader should note also the care with which Congress has tried to as-
sure civilian control over the National Military Establishment. The Secretary
of Defense, the Secretaries of Army, Navy, and Air Force, the Under Secre-
tary and two Assistant Secretaries of the Air Force, and the Chairmen of the
Munitions Board and of the Research and Development Board are all to be
chosen from civilian life.
As to the boundary lines between the three Military departments, the new
act is not entirely definite or final. It is left at least in part to the Secretary
of Defense to redraw the lines from time to time. One interesting question
is how much of the nation's military air power will be entrusted to the new
Department of the Air Force. On this the statute says that the United States
Air Force, established under the Department, “shall include aviation forces
both combat and service not otherwise assigned. It shall be organized, trained
and equipped primarily for prompt and sustained offensive and defensive air
operations.” At the same time the statute says that “the United States Army,
within the Department of the Army, shall include . . . Such aviation and
water transport as may be organic therein” and similarly that “the United
States Navy, within the Department of the Navy, shall include . . . such avia-
tion as may be organic therein.” The latter provision is specifically repeated
for the Marine Corps, within the Department of the Navy, while the general
provision on Navy aviation is reinforced by such language as follows:
All naval aviation shall be integrated with the naval service as part thereof
within the Department of the Navy. Naval aviation shall consist of combat and
Service and training forces, and shall include land-based naval aviation, air trans-
port essential for naval operations, all air weapons and air techniques involved in
the operations and activities of the United States Navy, and the entire remainder
of the aeronautical organization of the United States Navy, together with the
personnel necessary therefor.
What this means in effect is that only the Army Air Force, as developed
in World War II, will go into the new United States Air Force.
ADMINISTRATIVE PROCEDURE ACT 9
Atomic Energy Commission. The co-ordination achieved by the National
Security Act of 1947 is subject to one great qualification. The atomic bomb
and all developments in atomic energy are entirely excluded from control by
the military. In 1946 Congress created the Atomic Energy Commission
(Atomic Energy Act of 1946, 6o Stat. 756, 42 U. S. Code, 1802) with sole
authority to provide for the development and utilization of atomic energy
not only for common defense and security but also to make the potential
benefits of atomic energy available for promoting human welfare. The com-
mission consists of five civilians who are assisted by not only a staff of em-
ployees but also by a General Advisory Committee of scientists. Congress
itself has a Joint Congressional Committee on Atomic Energy to keep watch
over what the commission does. The Army and Navy have contact with the
work only through a Military Liaison Committee that has no control over
the Commission.
ADMINISTRATIVE PROCED URE ACT
(American Government, 3rd ed., ch. 32, especially pp. 540-43. The National
Government of the United States, ch. 19, especially pp. 323-26.)
After nearly a decade of attempts and various revisions of the proposed bill,
Congress in 1946 passed the Administrative Procedure Act (79th Congress,
2nd Session, ch. 324, Public Law 404). Although various agencies are ex-
empted from the terms of the act, in whole or in part, the act is one of broad
and general Scope. Repealing any inconsistent former laws, the act sets
standards for (a) publicity for all important administrative decisions, (b)
forms of administrative procedure, (c) limits on administrative powers, (d)
hearings prior to the making of administrative rules and decisions, and (e)
judicial review of administrative actions. It provides for the creation of panels
of specialized examiners under Civil Service protection to conduct quasi-
judicial hearings for administrative agencies, and allows the parties to take
appeals from their decisions and from those of other officers to the heads of
the agencies (board, commission, or officer) concerned.
Congressional legislation previously provided for judicial review of admin-
istrative actions in practically all cases, but the 1946 act goes farther. It pro-
vides that “any person suffering legal wrong because of any agency action
(rule, order, or decision), or adversely affected or aggrieved by such action
within the meaning of any relevant statute, shall be entitled to judicial review
thereof.” This provision seems to fill any gaps that may have been left by
previous legislation, but it is not clear how much this blanket grant of the
right of judicial review adds to pre-existing laws. In fact the entire act is still
so new that its full effect will not be known for some time. That it will to
1O NATIONAL GOVERNMENT, 1946-1947
Some extent increase the restrictions on the freedom of action of administra-
tive agencies is hardly to be doubted.
SMALL CLAIMS AND SUIT'S AGAINST THE
NATIONAL GOVERNMENT
(American Government, 3rd ed., ch. 18, especially pp. 296-3oo. The National
Government of the United States, chs. 12, 21, especially pp. 204, 365-68.)
In the section entitled “Congress and Its Reorganization” it has already
been pointed out that pension and tort claims previously handled by Con-
gress through private bills are now to receive different treatment. The mem-
bers of Congress are forbidden by Title IV of the Legislative Reorganization
Act of 1946 to introduce private bills for these purposes. Pension claims are to
go through regular administrative procedures in the Veteran's Administration.
Tort claims against the national government are to be adjusted and settled
by the appropriate administrative agency, or made the basis of suit against the
United States in a federal District Court. If these provisions of the 1946 act
are faithfully observed Congressmen will be spared a great deal of time-con-
suming service for their constituents and at the same time various private
claims against the government may be settled more promptly, more judici-
ously, and more fairly than ever before. In short the act makes the national
government suable in its own district courts in numerous cases in which
previously there was no recourse except through the passage by Congress of a
private relief bill.
NATIONAL LABOR LAWS: THE TAFT-HART LEY ACT
(American Government, 3rd ed., ch. 49, especially pp. 837-40. The National
Government of the United States, ch. 31, especially pp. 538-43.)
The operation of the National Labor Relations Act of 1935 had been satis-
factory in general to trade unions and their leaders, but had aroused consider-
able protest among employers and various spokesmen for the unorganized
public. A wartime anti-strike measure made some change in national labor
laws, but it was not until the Republican-controlled Congress assembled in
1947 that any general revision of the 1935 act was attempted. The result was
the passage over the President's veto of the Labor-Management Relations
Act of 1947, popularly known as the Taft-Hartley Act. This act retains most
of the 1935 act, enlarges the National Labor Relations Board from three to
five members, and makes the following more substantive changes. (a) The
closed shop is forbidden but the union shop (requiring joining of union after
NATIONAL LABOR LAWS: THE TAFT-HARTLEY ACT 11
employment) is permitted. (b) Free expression on labor matters without
coercion is authorized for both employers and employees. (c) The act in gen-
eral favors small (plant, craft, or firm) rather than industry-wide bargaining
units. (d) Publicity is required for all important union affairs (constitu-
tion, by-laws, membership rules, fees and dues, receipts and expenditures,
salaries paid). (e) The act makes a number of gestures toward requiring more
democracy in union control. (f) Supervisors and professional persons are in
part excluded from the categories of employees who may unionize. (g) The
Federal Mediation and Conciliation Service is pulled out of the Department
of Labor and given increased importance in the adjustment of labor difficul-
ties. (h) When strikes occur or are threatened that involve grave danger to
the national health and safety, they may be delayed or forbidden by injunc-
tion until a Presidential commission of inquiry can make a study and report,
and conciliation can be attempted; only then can the strike legally take place.
(i) Suits are permitted for breach of labor contracts by either side, against the
union or against the employer. (j) Boycotts affecting third parties in attempts
to force unionization, or illegal union recognition, or to assist in jurisdictional
disputes between unions, are prohibited. (k) Both corporation and union con-
tributions to Presidential or Congressional campaign funds are forbidden,
and (1) so are strikes by national government employees.
This thumb-nail sketch of the Taft-Hartley Act simply does not do it
justice. Although the rights to unionize freely and to strike are preserved,
there are several dozen new provisions that change the general tendency of
the nation's labor policy. Roundly denounced and strongly defended, the
new act is certain to be the center of acrimonious debate for some time.
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