Presidential Commissions: The Evolution of the Crisis Commission

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Presidential Commissions The Evolution of the
Crisis Commission

• Jessica R. Smith
• smitjes_at_auburn.edu
• ENGL 7030

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Overview

• Definition of Presidential Advisory Commission
• History of Federal Advisory Commissions
• Evolution of Crisis Commissions
• Milestone Crisis Commissions
• Roberts Commission Pearl Harbor (1942)
• Warren Commission Kennedy Assassination (1964)
• Scranton Commission Campus Unrest (1970)
• Rogers Commission Challenger (1986)
• 9/11 Commission (2004)

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Works Cited

• DeMott, Benjamin. Whitewash as Public Service
  How The 9/11 Commission Report Defrauds the
  Nation. Harper's Magazine Oct. 2004 35-45.
• Epstein, Edward Jay. Inquest The Warren
  Commission and the Establishment of Truth.
  Introduction by Richard H. Rovere. New York
  Viking Press, 1966.
• Smith, Stephanie. Federal Advisory Committees A
  Primer. Hauppauge, NY Novinka Books, 2002.
• Tutchings, Terrence R. Rhetoric and Reality
  Presidential Commissions and the Making of Public
  Policy. Boulder, Colorado Westview Press, 1979.
• Wolanin, Thomas R. Presidential Advisory
  Commissions Truman to Nixon. Madison University
  of Wisconsin Press, 1975.

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Basics

• Advisory commissions can be established by
  Congress, agency heads, or the president.
• Their function is to handle matters which fall
  outside the purview of pre-existing government
  bodies.
• There are on average 1,000 advisory committees
  operating government-wide at any given time.
• Most are routine a special subset deals with
  national crises.

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Definition of Presidential Advisory Commission

• (1) A corporate group created by a public act,
  (2) which is advisory to the president, (3) all
  members of which are appointed directly by the
  president, (4) which is ad hoc, (5) at least one
  member of which is public, and (6) whose report
  is public. (Wolanin 7)

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History

• George Washington is usually credited with
  initiating the tradition of the president seeking
  outside advice when he appointed an ad hoc group
  of commissioners in 1794 to deal with the Whiskey
  Rebellion
• (Smith 2)

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History

• It was not until the 20th century that the
  Chief Executive, Congress, and agency heads began
  to make extensive use of such panels to render
  independent advice and recommendations.
• (Smith 2)

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FACA

• Congress enacted the Federal Advisory Committee
  Act (FACA) in 1972
• Established formal requirements for the
  establishment, management, and oversight of
  advisory commissions
• Required that the advice provided by advisory
  committees be objective and accessible to the
  public (Smith 3)
• Legitimized the use of commissions

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Routine vs. Public Commissions

• Certain of these commissions stand out from the
  others because they are public commissions in
  many ways.
• (Tutchings 11)
• Created by Executive Order
• Prominent commissioners
• Deal with national crises

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Why Appoint a Crisis Commission?

• Crisis commissions have as their primary
  purpose to reassure the public that the president
  and the government are concerned and are acting.
  They are generally expected by the president to
  be more useful for their immediate symbolic value
  than for their ultimate findings and
  recommendations.
• (Wolanin 21)

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Conflicting Demands

• Investigate the crisis
• Reassure the public

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Roberts Commission Pearl Harbor (1942)
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Roberts Commission Pearl Harbor (1942)

• Differences language and commissioners
• Appointed to determine if there was any
  dereliction of duty
• Published their report 47 days after the attack
• Condemned Kimmel and Short
• Standleys objections
• Kimmel and Short later exonerated

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Warren Commission Kennedy Assassination (1964)
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Warren Commission Kennedy Assassination (1964)

• If the explicit purpose of the Commission was
  to ascertain and expose facts, the implicit
  purpose was to protect national interest by
  dispelling rumors (Epstein 33).
• Time constraints ten months
• Celebrity commissioners too busy?
• Language

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Scranton Commission Campus Unrest (1970)
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Scranton Commission Campus Unrest (1970)

• Response to public demands to investigate killing
  of 4 students at Kent State and 2 at Jackson
  State
• 4 members under age of 40 first ever
  commissioner under 30, 22-year-old Joseph Rhodes
  
• 3 months - instructed to complete report before
  fall quarter
• Held open public hearings in order to gain public
  support and credibility

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Rogers Commission Challenger Disaster (1986)
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Rogers Commission Challenger Disaster (1986)

• By this time, a presidential commission is the
  standard response to a national crisis
• Public exposure is also now a given for crisis
  commissions
• Celebrity commissioners
• Conflicting demands to investigate the cause and
  promote national healing and a quick return to
  space flight
• 120-day time limit
• Communication failure rather than blame

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9/11 Commission (2004)
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9/11 Commission (2004)

• Appointed over a year after 9/11/ and published
  report almost 2 years after appointment
• Response to great public outcry and demands from
  victims families
• Narrative, conversational tone
• Terror of bias (DeMott 36)

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Conclusions

• Presidential commissions now expected after a
  national crisis
• Celebrity commissioners are now common
• Crisis commission operate in the public eye
• They are expected to both investigate and provide
  closure
• Accessible language
• Trend toward general findings rather than sharp
  criticism