<<  <  >  >>

before or after such transaction is com-

survived the end of the Wilson administration.

pleted.

98. First Inaugural Address of President Franklin

Delano Roosevelt, reproduced in War and

The Act of September 24, 1918, inserted provi-

Emergency Powers, ed. Paul Bailey (Campo, Colo.:

sions relating to hoarding or melting of gold or

American Agriculture Movement, 1994), p. 58.

silver coin or bullion or currency and to regula-

tion of transactions in bonds or certificates of

99. Note: "The International Emergency Economic

indebtedness.

Powers Act: A Congressional Attempt to Control

Presidential Emergency Power," Harvard Law

104. The Emergency Banking Relief Act is reprint-

Review 96 (1983): 1114, note 61.

ed in Senate Special Committee on the Termina-

tion of the National Emergency, Hearings, p. 231.

100. Sections 5 and 6 of the Trading with the

In Senate debate, Sen. Arthur Robinson (R-Ind.)

Enemy Act (1917) were reprinted in Senate

suggested that the words "or hereafter" be strick-

Special Committee on the Termination of the

en. Sens. George Norris (R-Neb.) and David Reed

National Emergency, Hearings, 93rd Cong., 1st

(R-Pa.) argued that the language should remain in

sess., April 11­12, 1973, pp. 101­2.

the bill, on the theory that it was "mere sur-

plusage." House Committee on International

101. The National Emergencies Act, enacted

Relations, Trading with the Enemy, pp. 243­44.

September 14, 1976, terminated executive powers

authorized under existing states of national emer-

105. Senate Special Committee on the Termina-

gency as of September 14, 1978. The next state of

tion of the National Emergency, Hearings, p. 238.

national emergency was declared 14 months later by

President Jimmy Carter, on November 14, 1979, dur-

106. 12 U.S.C. § 95b. Since 1977 this power has

ing the Iranian hostage situation. Since then, the

been limited to "the time of war." PL 95-223.

United States has been constantly under a declared

107. Senate Special Committee on National

state of emergency. At present, 13 presidentially

Emergencies, Brief History of Emergency Powers,

declared states of emergency exist concurrently.

p. 57. The Senate debated the bill for eight hours.

102. The Emergency Banking Relief Act (EBRA)

Senate Special Committee on the Termination of

(March 9, 1933), inter alia, amended TWEA. The

the National Emergency, Review and Manner of

Emergency Banking Relief Act is reprinted in

Investigating Mandate Pursuant to S. Res. 9, 93rd

Senate Special Committee on the Termination of

Congress, 93rd Cong., 1st sess., 1973, Committee

the National Emergency, Hearings, pp. 231­38.

Print, p. 11.

103. Section 5(b) of the 1917 TWEA reads as fol-

108. Ibid. Rep. Bertrand Snell (R-N.Y.) observed

lows:

that "it is entirely out of the ordinary to pass leg-

islation in this House that, as far as I know, is not

That the President may investigate,

even in print at the time it is offered." House

regulate, or prohibit, under such rules

Committee on International Relations, Trading

and regulations as he may prescribe, by

with the Enemy, p. 248.

means of licenses or otherwise, any

transactions in foreign exchange, export

109. The National Defense Mediation Board was

or earmarking of gold or silver coin or

established by EO 8716 (March 19, 1941) to medi-

bullion or currency, transfers of credit in

ate labor disputes that, in the view of the secretary

any form (other than credits relating

of labor, could threaten the national defense.

solely to transactions to be executed

110. LeRoy, pp. 236­43.

wholly within the United States), and

transfer of evidences of indebtedness or

111. Ibid., pp. 240­41.

of the ownership of property between

the United States and any foreign coun-

112. Kiyoshi Hirabayashi v. United States, 320 U.S.

try, whether enemy, ally of enemy, or oth-

81, 91 (1943). See also Toyosaburo Korematsu v.

erwise, or between residents of one or

United States, 323 U.S. 214 (1944).

more foreign countries, by any person

within the United States; and he may

113. 88 Congressional Record, 1942, 7044, quoted in

require any such person engaged in any

Henry P. Monaghan, "The Protective Power of the

such transaction to furnish, under oath,

Presidency," Columbia Law Review 93 (1993): 29.

complete information relative thereto,

Roosevelt objected to a provision of the Emergen-

including the production of any books

cy Price Control Act.

of account, contracts, letters or other

papers, in connection therewith in the

114. Relyea, Presidential Directives. In 1935,

custody or control of such person, either

undoubtedly in response to Roosevelt's rule by

27