QUAID-E-AZAM LAW COLLEGE LAHORE

LLB PART-I

AMERICAN CONSTITUTION

Hand out no: 6

EMERGENCY POWERS OF THE PRESIDENT

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 II 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

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)