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national emergency demonstrates clearly

2655, cosponsored by Reps. Ron Paul (R-

that the Watergate-era statutes have failed to

Tex.) and Metcalf.

restore the separation of powers and the con-

HCR 30. In the 106th Congress,

stitutional structure of government. Under

Representative Metcalf has reintroduced a

IEEPA, for example, Clinton has declared

proposal similar to one he introduced in

national emergencies that have enabled him

the 105th Congress. HCR 30 purports to

to prevent U.S. residents from providing

limit the force and effect of executive orders

humanitarian aid to various groups he disfa-

that infringe on congressional powers enu-

vors. He has declared a national emergency

merated in Article I, section 8; or Article I,

(annually renewed) with regard to UNITA

section 9, clause 7 ("No funds shall be

(anti-communist participants in the Angolan

expended except as appropriated by law") of

civil war who had received support during

the Constitution. HCR 30 states in its

the Reagan administration),148 certain resi-

entirety:

dents of Bosnia-Herzegovina,1 4 9 certain

groups identified as Middle Eastern terror-

To express the sense of the

ists,150 Colombian drug traffickers,151 certain

Congress that any Executive order

Cubans,152 certain Burmese,1 5 3 and certain

that infringes on the powers and

Congress needs to

Sudanese.1 5 4 Obviously, there is no objective

duties of the Congress under article

take more effec-

standard defining what constitutes a nation-

I, section 8 of the Constitution, or

al emergency--but surely the United States

that would require the expenditure

tive action to

faces no significant national security risk

of Federal funds not specifically

check presidential

from UNITA, Burma, or Sudan. Previously,

appropriated for the purpose of the

usurpations of

President Bush had followed the same path

Executive order, is advisory only

in order to ban aid to certain Iraqis, Haitians,

and has no force or effect unless

legislative power

and Yugoslavians.1 5 5

enacted as law.

and restore the

Congress needs to take more effective

Whereas some Executive orders

action to check presidential usurpations of

have infringed on the prerogatives

constitutional

legislative power and restore the constitu-

of the Congress and resulted in the

structure of

tional structure of government. Congress has

expenditure of Federal funds not

government.

such power: it may modify or revoke all pres-

appropriated for the specific pur-

idential directives except those undertaken

poses of those Executive orders:

pursuant to constitutional powers, such as

Now, therefore, be it

the power to pardon, that are vested in the

Resolved by the House of Representa-

president.

tives (the Senate concurring), That it is

the sense of the Congress that any

Legislative Proposals

Executive order issued by the

Given that the congressional efforts of a

President before, on, or after the date

quarter of a century ago to limit presidential

of the approval of this resolution that

exercises of war and emergency powers have

infringes on the powers and duties of

all failed, Congress should now take a more

the Congress under article I, section 8

direct approach: it should circumscribe pres-

of the Constitution, or that would

idential power by dramatically reducing the

require the expenditure of Federal

authority it has statutorily delegated to the

funds not specifically appropriated

executive branch.156 There are currently two

for the purpose of the Executive order,

is advisory only and has no force or

proposals before Congress that aim at

effect unless enacted as law.

accomplishing that: House Concurrent

Resolution (HCR) 30, cosponsored by Rep.

Any effort to curtail the usurpation of leg-

Jack Metcalf (R-Wash.) and 75 other repre-

islative powers by the president should be

sentatives; and the newly introduced HR

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