War Powers Act

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The Trading with the Enemy Act — also called the Act of October 6, 1917 — was "An Act to define, regulate, and punish trading with the enemy, and for other purposes." As the United States entered into World War I it became apparent that there were enemies living within the boundaries of the United States, and it became necessary to determine who could be labeled an enemy. The act specifically exempted citizens when it was written: "other than citizens of the United States."

However the Act of March 9, 1933, Section 2, specifically amended that to include: "any person within the United States or any place subject to the jurisdiction thereof."

Legislation contained within the International Emergency Economic Powers Act (IEEPA) of 1977 (50 U.S.C. 1701–1706) modified the Trading with the Enemy Act such that it only applies during times of declared war, having originally also applied during any time of national emergency. The IEEPA gives the President limited powers to control trade with foreign entities during times of declared "national emergencies", subject to Congressional regulation under the National Emergencies Act (50 U.S.C. 1601–1651).

The provisions of the newer IEEPA only take effect when the United States is under a state of emergency. "National emergencies" have been declared 32 times since 1976, mostly for this purpose^[1]. In principle, under the provisions of the National Emergencies Act, these declarations should not trigger any emergency powers other than the ones specifically cited in the declaration.

[edit] References

1. ^ See table in H.C. Relyea, "National Emergency Powers", Congressional Research Service Report for Congress, order code 98-505 GOV, updated September 18, 2001.