Time: Sat Mar 22 05:48:05 1997
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Date: Sat, 22 Mar 1997 05:39:31 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: SAFAN NO. 343. Emergency War Powers and PL-95-223 (Dec.
1977) (fwd)
<snip>
> STOP ALL FEDERAL ABUSES NOW!
> S.A.F.A.N. Internet Newsletter, No. 343, March 21, 1997
>
>EMERGENCY WAR POWERS AND PL-95-223 (DEC. 1977)
>by Richard Biondi (rbiondi@u.washington.edu)
>
>To: SafanNews@aol.com
>
>Here is a public law that Dr. Gene Schroder missed in his booklet,
>"War and Emergency Powers." I have not seen his published
>version, and I am interested in knowing whether or not he
>addresses this Public Law that refutes his earlier findings.
>
>Dr. Schroder argued correctly that Section 502 of the National
>Emergency Act of 1976 failed to regulate Section 5(b) of the Act
>of October 6, 1917, as amended (12 USC 95a; 50 USC App.(b)).
>The following Public Law closed that loophole, and ended the
>President's use of the TWEA under periods of national emergency.
>
>Most of these arguments become normative considering that
>Marbury v. Madison (1803) established the precedent that the
>Supreme Court can exercise Judicial Review. There has been
>an ongoing debate between those who believe in original intent,
>and those who believe that the Constitution is a living document.
>If the founders were alive today, they would most likely look
>upon the President as a quasi-dictator annointed by the Congress
>and backed by the Supreme Court.
>
>We must all realize that most of the President's authority can be
>terminated by passing and ratifying the Bricker amendment.
>Senator Bricker may have lost the battle in 1954, but be he
>essentially crippled the original intent of internationalists trying
>to create domestic law through treaty law.
>
>Sua Sponte,
>
>Richard R. Biondi
>Operation Patriot Spectre
>rbiondi@u.washington.edu
>-----------------
>
>PUBLIC LAW 95-223 [H.R. 7738]; Dec. 28, 1977
>
>WAR OR NATIONAL EMERGENCY--PRESIDENTIAL POWERS
>
>For Legislative History of Act, see p. 4540
>
>An Act with respect to the powers of the President in time of war
>or national emergency.
>
> Be it enacted by the Senate and the House of Representatives
>of the United States of America in Congress Assembled,
>
>TITLE I--AMENDMENTS TO THE TRADING WITH THE ENEMIES ACT
>
>REMOVAL OF NATIONAL EMERGENCY POWERS UNDER THE TRADING
>WITH THE ENEMY ACT.
>
> Sec. 101, (a) Section 5 (b) (1) of the Trading With the Enemy Act
>is amended by striking out "or during any other period of national
>emergency declared by the President" in the text preceding
>subparagraph (A).
> (b) Notwithstanding the amendment made by subsection (a),
>the authorities conferred upon the President by section 5 (b) of
>the Trading With the Enemy Act, which were being exercised with
>respect to a country on July 1, 1977, as a result of a national
>emergency declared by the President before such date, may
>continue to be exercised with respect to such country, except
>that, unless extended, the exercise of such authorities shall
>terminate (subject to the savings provisions of the second
>sentence of section 101 (a) of the National Emergencies Act) at
>the end of the two-year period beginning on the date of the
>enactment of the National Emergencies Act. The President may
>extend the exercise of such authorities for one-year periods upon
>such authorities with respect to such country for another year is
>in the national interest of the United States.
> (c) The termination and extension provisions of subsection
>(b) of this section supercede the provisions of section (101) a
>and of title II of the National Emergencies Act to the extent
>that the provisions of subsection (b) of this section are
>inconsistent with those provision.
> (d) Paragraph (1) of Section 502 (a) of the National
>Emergencies Act is repealed.
>
>WARTIME AUTHORITIES
>
> Sec. 102. Section 5 (b) (1) of the Trading With the Enemy
>Act is amended--
> (1) in the text preceding subparagraph (A), by striking out
>"or otherwise." the first time it appears; and
> (2) by striking out "; and the President may, in the manner
>herinabove provided, take other and further measures not
>inconsistent herwith for the enforcement of this subdivision.
> Sec. 103. (a) Section 16 of the Trading With the Enemy Act
>is amended by striking out "$10,000" and inserting in lieu
>thereof "$50,000."
> (b) Section 5 (b) (3) of such act is amended by striking our
>the second sentence.
<snip>
========================================================================
Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
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