National Emergencies Act

From Wikipedia, the free encyclopedia

The National Emergencies Act (50 U.S.C. 1601-1651) is a United States federal law passed in 1976 to stop open-ended states of national emergency and formalize the power of Congress to provide certain checks and balances on the emergency powers of the President. The act sets a limit of two years on states of national emergency. It also imposes certain "procedural formalities" on the President when invoking such powers.

The perceived need for the law arose from the scope and number of laws granting special powers to the executive in times of national emergency (or public danger).

At least two constitutional rights are subject to revocation during a state of emergency:

• The right of habeas corpus, under Article 1, Section 9;
• The right to a grand jury for members of the National Guard when in actual service, under Fifth Amendment.

In addition, many provisions of statutory law are contingent on a state of national emergency, as many as 500 by one count.[1]

It was due in part to concern that a declaration of "emergency" for one purpose should not invoke every possible executive emergency power that Congress in 1976 passed the National Emergencies Act. Among other provisions, this act requires the President to declare formally a national emergency and to specify the statutory authorities to be used under such a declaration.

There were 32 declared national emergencies between 1976 and 2001. [2] Most of these were for the purpose of restricting trade with certain foreign entities under the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701-1707).

Contents [show]

[edit] State of National Emergency in effect since September 2001

The United States has been in a state of national emergency continuously since 2001 September 14, when the Bush administration invoked it premised on the September 11 attacks. In September 2010, President Barack Obama informed Congress that the State of National Emergency in effect since September 14, 2001, will be extended another year.^{[1] [2]} The National Emergencies Act grants various powers to the president during times of emergency,^[3] and was intended to prevent a president from declaring a state of emergency of indefinite duration.^[4]

[edit] See also

• Continuity of Government Plan
• National Security and Homeland Security Presidential Directive
• Rex 84

[edit] References

1. ^ Anti-War, 2010 Sept. 11, "Obama Extends Bush’s 9/11 State of Emergency: America to Enter Tenth Year of 'Emergency' Next Week," http://news.antiwar.com/2010/09/10/obama-announces-state-of-emergency-extension/
2. ^ White House, 2010 Sept. 10, "Letter from the President on the Continuation of the National Emergency with Respect to Certain Terrorist Attacks, http://www.whitehouse.gov/the-press-office/2010/09/10/letter-president-continuation-national-emergency-with-respect-certain-te
3. ^ Title 50 United States Code, Chapter 34
4. ^ Anti-War, 2010 Sept. 11, "Obama Extends Bush’s 9/11 State of Emergency: America to Enter Tenth Year of 'Emergency' Next Week," http://news.antiwar.com/2010/09/10/obama-announces-state-of-emergency-extension/

[edit] Bibliography

• F.J. Murray, "Wartime Presidential Powers Supersede Liberties," Washington Times, Sept. 18, 2001, pp. A1, A12, as quoted in Ref. 2.
• H.C. Relyea, "Martial Law and National Emergency", Congressional Research Service Report for Congress RS21024, updated January 7, 2005: http://www.fas.org/sgp/crs/RS21024.pdf.
• H.C. Relyea, "National Emergency Powers", Congressional Research Service Report for Congress, order code 98-505 GOV, updated September 18, 2001: http://fpc.state.gov/documents/organization/6216.pdf.
• H.C. Relyea, "National Emergency Powers", Congressional Research Service Report for Congress, order code 98-505 GOV, updated November 13, 2006: http://www.fas.org/sgp/crs/natsec/98-505.pdf.

Categories: United States federal defense and national security legislation | 1976 in law | Emergency laws | Civil detention in the United States

International Emergency Economic Powers Act

From Wikipedia, the free encyclopedia

This article does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (January 2008)

The International Emergency Economic Powers Act (IEEPA), Title II of Pub.L. 95-223, 91 Stat. 1626, enacted October 28, 1977, is a United States federal law authorizing the U.S. Presidents to regulate commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has a foreign source.
It is largely an amendment to the Trading with the Enemy Act 1917 and the National Emergencies Act, which deal primarily with when and to what extent the President can declare an emergency.

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[edit] Provisions

In the United States Code the IEEPA is Title 50, sections 1701-1707. The IEEPA authorizes the president to declare the existence of an "unusual and extraordinary threat... to the national security, foreign policy, or economy of the United States" that originates "in whole or substantial part outside the United States." It further authorizes the president, after such a declaration, to block transactions and freeze assets to deal with the threat. In the event of an actual attack on the United States, the president can also confiscate property connected with a country, group, or person that aided in the attack.
The IEEPA falls under the provisions of the National Emergencies Act (NEA), which means that an emergency declared under the act must be renewed annually to remain in effect, and can be terminated by Congressional resolution.

[edit] History

Congress enacted the law in 1977 as part of a reform to clarify the powers of presidents with regard to national emergencies. Starting with Franklin D. Roosevelt in 1933, presidents had claimed the power to declare emergencies without limiting their scope or duration, without citing the relevant statutes, and without reporting to Congress. The Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer limited what a president could do in such an emergency, but did not limit the emergency declaration power itself. A 1973 Senate investigation found (in Senate Report 93-549) that four declared emergencies remained in effect: the 1933 emergency with respect to gold, a 1950 emergency with respect to the Korean War, a 1970 emergency regarding a postal workers strike, and a 1971 emergency in response to inflation. Congress terminated these emergencies with the National Emergencies Act, and then passed the IEEPA to restore the emergency power in a limited, overseeable form.
Once passed, the act became a convenient means for presidents to order embargos of specific countries. Later presidents used the act to shut down organizations and cut off support to individuals.

[edit] Alleged violations

Wikinews has related news: Man arrested for broadcasting Hezbollah television in New York

In 1983, financier Marc Rich was accused of violating the act by trading in Iranian oil during the Iran hostage crisis. He was one of many people pardoned by President Bill Clinton in his last days in office.
The Department of Justice has brought IEEPA charges against Americans who travelled to Iraq in advance of the 2003 invasion to act as human shields, on the basis that they spent money while in Iraq.
On August 23, 2006, Javed Iqbal was arrested through the U.S. Department of the Treasury with a charge of conspiracy to violate the IEEPA for airing material produced by al-Manar (The Beacon) in New York City during the 2006 Israel-Lebanon conflict.^[1]

[edit] Current subjects of IEEPA emergencies

As of 2008, commerce with the following countries and people is restricted under the IEEPA.

[edit] States

• Iran (since 1979 for the Iran hostage crisis and subsequent sponsorship of terrorism)
• Myanmar (since 1997 for repressing democratic opposition)
• Sudan (since 1997 for human rights violations and sponsoring terrorism)
• Russia (since 2000 to prevent export of weapons-grade uranium)
• Zimbabwe (since 2003 for undermining democratic institutions)
• Syria (since 2004 for sponsorship of terrorism and pursuit of weapons of mass destruction)
• Belarus (since 2006 for undermining democratic institutions)
• North Korea (since 2008 for risk of the proliferation of weapon-usable fissile material^[2]

[edit] Classes

• persons that engage in or support proliferation of weapons of mass destruction (since 1994)
• persons involved in international narcotics traffic (since 1995)
• terrorists who threaten to undermine the Middle East peace process (since 1995)
• extremists in the Republic of Macedonia and the Western Balkans (since 2001)
• persons generally that support or threaten to commit terrorism, including affiliates of al-Qaeda (since 2001)
• former officials of the Ba'ath government of Iraq (since 2003)
• associates of Charles Taylor and persons who have unlawfully depleted the resources of Liberia (since 2004)
• persons contributing to the conflict in Côte d'Ivoire (since 2006)
• persons contributing to the conflict in the Democratic Republic of the Congo (since 2006)
• persons who threaten stabilization efforts in Iraq with violence (since 2007)

[edit] Past subjects of IEEPA emergencies

• Haiti (1991-1994)
• Iraq (1990-2004 for invading Kuwait)
• Kuwait (1990-1991, while occupied by Iraq)
• Liberia (2001-2004 for human rights violations)
• Libya (1986-2004 for sponsoring terrorism)
• Nicaragua (1985-1990 for aggressive activities in Central America)
• Panama (1988-1990 for military coup by Manuel Noriega)
• Serbia and Montenegro (1992-2003 for sponsoring Serb nationalist groups)
• Sierra Leone (2001-2004 for human rights violations)
• South Africa (1985-1991 for maintaining apartheid)
• UNITA (1993-2003 for interfering with UN peacekeeping efforts)
• temporary extension of the Export Administration Act (1984-1985)

[edit] References

1. ^ New York Man Charged With Enabling Hezbollah Television Broadcasts, 2006 August 25
2. ^ Executive Order: Continuing Certain Restrictions with Respect to North Korea and North Korean Nationals] - The White House June 26, 2008, retrieved on June 26, 2008