acknowledging jurisdiction, because Congress
presidential directive, Congress enacted a require-
had subsequently withdrawn the Court's jurisdic-
ment that future proclamations and executive
tion over the case.
orders of general applicability be published in the
Federal Register. 44 U.S.C. § 1505.
136. Senate Committee on Government Opera-
tions, National Emergencies Act, pp. 39. The Special
115. LeRoy, p. 244.
Committee, chaired by Sens. Frank Church
116. United States v. United Mine Workers of America,
(D-Idaho) and Charles Mathias Jr. (R-Md.), deter-
330 U.S. 258 (1947).
mined that proclamations of national emergency
gave force to 470 provisions of federal law. Ibid.,
117. Ibid. at 263.
p. 5. The committee issued SR 93-549, which listed
"all provisions of Federal law, except the most
118. Ibid. at note 1. According to the Court, the
trivial, conferring extraordinary powers in time of
act permitted the seizure of facilities necessary
national emergency."
under the war effort until hostilities formally
ceased; Truman declared the end of hostilities by
137. Ibid., p. 6.
proclamation on December 31, 1946.
138. 50 U.S.C. §§ 160151.
119. Youngstown Sheet & Tube. See also the discus-
sion in LeRoy, pp. 24546.
139. Ibid., § 1601.
120. Youngstown Sheet & Tube at 585.
140. Ibid., § 1621.
121. Ibid.
141. Ibid., § 1622. A joint resolution of Congress
is the functional equivalent of a bill; both must
122. Ibid. at 586.
be presented to the president for his signature.
If vetoed, the joint resolution cannot become
123. Ibid. at 58788.
effective unless both the House and the Senate
override the veto. Joint resolutions have statuto-
124. Ibid. at 58889.
ry authority. (Riddick's Senate Procedure, rev.
ed. [Washington: Government Printing Office,
125. Ibid. at 655.
1992], p. 225.) The National Emergencies Act
126. Ibid. at 650.
also made the following provision: "Not later
than six months after a national emergency is
127. Ibid. at 655.
declared, and not later than the end of each
six-month period thereafter that such emer-
128. Ibid. at 636.
gency continues, each House of Congress shall
meet to consider a vote on a joint resolution to
129. Ibid. at 637.
determine whether that emergency shall be ter-
minated."
130. Ibid.
142. 50 U.S.C. § 1631.
131. Ibid. at 609.
143. Ibid., § 1641. Such reports, in the form of let-
132. Ibid. at 613.
ters to Congress, are reproduced in, among other
places, The Weekly Compilation of Presidential
133. Extensive excerpts from the Youngstown and
Documents. See, for example, letters to congres-
Reich opinions can be found in Appendix 2 of the
sional leaders dated January 21, 1998 (Middle
electronic version of this study, posted at the Cato
Eastern terrorists); February 25, 1998 (Cuba);
Institute Web site, www.cato.org.
March 4, 1998 (Iran I); May 18, 1998 (Burma); July
134. Section 8 of the order purported to "ratify"
28, 1998 (Iraq); August 13, 1998 (Export Control
EOs 12276 through 12285 of January 19, 1981,
Regulations); October 19, 1998 (Colombia Drug
issued by President Jimmy Carter.
Traffickers); September 23, 1998 (UNITA);
October 27, 1998 (Sudan); November 9, 1998
135. Regan at 688. EO 12294 is either a usurpation
(Iran II); November 12, 1998 (Weapons of Mass
of legislative power or an example of tyranny,
Destruction); May 28, 1998 (Yugoslavia); and
depending on one's interpretation as to whether
December 30, 1998 (Libya). There appear to be
Article III, section 2, clause 2 grants Congress
two concurrent states of emergency attributed to
authority to suspend or limit access to the federal
Iran, as discussed in the March 4, 1998, notice:
courts on a particular subject matter. See Ex parte
"Because the emergency declared by Executive
McCardle, 74 U.S. 506 (1869), where the Supreme
Order 12957 constitutes an emergency separate
Court refused to hear McCardle's case after
from that declared on November 14, 1979, by
28