Re: Presidential decrees and emergency powers

>We've put the full 50USC Chapter 35 -- International Emergency Economic
>Powers at:
>
>   http://jya.com/50usc35.txt  (284K)
 
Thanks.  This contains (among other things) the interesting Executive Order:
 
>Continuation of National Emergency Declared by Ex. Ord. No. 12924
>
>Notice of President of the United States, dated Aug. 15, 1995, 60 F.R. 42767,
>provided:
>
>On August 19, 1994, consistent with the authority provided me under the
>International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), I
>issued Executive Order No. 12924 [set out above]. In that order, I declared a
>national emergency with respect to the unusual and extraordinary threat to
>the national security, foreign policy, and economy of the United States in
>light of the expiration of the Export Administration Act of 1979, as amended
>(50 U.S.C. 2401 et seq.). Because the Export Administration Act has not been
>renewed by the Congress, the national emergency declared on August 19, 1994,
>must continue in effect beyond August 19, 1995. Therefore, in accordance with
>section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
>continuing the national emergency declared in Executive Order No. 12924.
 
So the fact that Congress won't continue a law is justification for declaring
an emergency which is justification for continuing it by presidential decree
instead.  Scary.
 
Unfortunately it doesn't list all the earlier, expired decrees which would show
what was originally used to start this thing off ("... the unusual and
extraordinary threat to the national security, foreign policy, and economy of
the United States in light of the British army currently marching on
Washington" perhaps?)
 
Peter.

http://www.law.miami.edu/~froomkin/articles/planet_clipper.htm#POSTSCRIPT

Although slightly dated (it's before the latest regs), it hits some of the
main points.


A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law |
U. Miami School of Law     |
P.O. Box 248087            | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's warm here.

Something got lost there, let's try again...



On Tue, 4 Mar 1997, Anonymous wrote:

http://www.law.miami.edu/~froomkin/articles/planet_clipper.htm#POSTSCRIPT

Oh, the things we do to avoid spammers...

> Although slightly dated (it's before the latest regs), it hits some of the
> main points.
> 

> 
> A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
> Associate Professor of Law |
> U. Miami School of Law     |
> P.O. Box 248087            | http://www.law.miami.edu/~froomkin
> Coral Gables, FL 33124 USA | It's warm here. 
> 

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law |
U. Miami School of Law     | froomkin@law.miami.edu
P.O. Box 248087            | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's warm here.