1997-02-27 - Re: Presidential decrees and emergency powers

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From: pgut001@cs.auckland.ac.nz (Peter Gutmann)
To: jya@pipeline.com
Message Hash: 64e1b8353f667d32465f95443ed76a5470b4523d16288137907bd97646739e91
Message ID: <85708065028816@cs26.cs.auckland.ac.nz>
Reply To: N/A
UTC Datetime: 1997-02-27 21:57:38 UTC
Raw Date: Thu, 27 Feb 1997 13:57:38 -0800 (PST)

Raw message

From: pgut001@cs.auckland.ac.nz (Peter Gutmann)
Date: Thu, 27 Feb 1997 13:57:38 -0800 (PST)
To: jya@pipeline.com
Subject: Re: Presidential decrees and emergency powers
Message-ID: <85708065028816@cs26.cs.auckland.ac.nz>
MIME-Version: 1.0
Content-Type: text/plain


>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.
 






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