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United States: Act Concerning the Powers of the President in Time of War or National Emergency
Published online by Cambridge University Press: 26 May 2017
Abstract
SEC. 101. (a) Section 5(b) (1) of the Trading With the Enemy Act 50 USC aPP. 5. is amended by striking out "or during any other period of national emergency declared by the President" in the text preceding subparagraph (A).
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- Copyright © American Society of International Law 1978
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* [Upon signing the Act, the President stated that “in approving the bill, I must note ray serious concern over the provision contained in Section 207(b), which would allow Congress to terminate a national emergency declared by the President by concurrent resolution. Provisions such as these raise profound constitutional questions, since Article I, Section 7, of the Constitution requires that congressional action having the force of law be presented to the President for his signature or veto. In addition, such provisions have the potential of involving Congress in the execution of the lawsa responsibility reserved exclusively to the President under the Constitution. This feature of the bill may be unconstitutional. I will therefore treat the provision as requiring only that I ‘notify and wait’ with respect to national emergencies covered by Section 207(b) of this act.’.