Brokor

Brokor

It is an unusual spelling. This is my name, which is a partial anagram of my real name. It does not mean "Broker", as the banker type would suggest.

Who Am I?

I am 41 years old, and I specialize in various manners of legalese, including the following:

• UCC (Uniform Commercial Code)
• USC(A) (United States Code Annotated)
• FRC (Federal Reserve Code)
• IRC (Internal Revenue Code)
• Common Law

I have more than twenty years experience researching Emergency War Powers and the "laws" enacted by FDR in the 1930's and 1940's and have worked with the American Agriculture Movement. The rest of my history is not public domain. "Without Prejudice" [UCC 1-308, 1-103] All Rights Reserved and Explicitly Claimed.

My Work

As far as editing is concerned, I am generally focused on spelling, grammar, and punctuation. I do have a wide variety of knowledge, but I do not think it will help a great deal until I can play in the sandbox more to hone my Wiki skills, too. I am easy going and not quick to upset, but I prefer not to have large portions of my text omitted in an edit unless it may be purely speculative. I try to always be unbiased and fair, but I do make mistakes. I save the opinionated speech for the private forum I belong to.

I am found easily online through a search, as I only frequent one forum regularly. --Brokor (talk) 09:28, 11 July 2015 (UTC)

Senate Report 93-549 (Draft)

Senate Report 93-549 was a document issued by the "Special Committee on the Termination of the National Emergency" of the 93rd Congress (Hence the "93" in the name) (1973 to 1975). Its purpose was to discuss and address the 40 year long state of emergency that had been in effect in the United States since 1933. During the continued state of emergency, Congress voted to transfer powers from Congress to the President. The debate to end long-running states of National Emergency was ended in 1976 with the National Emergencies Act (50 U.S.C. 1601-1651), which limits any such declared emergencies to two years, with exception to the banking emergency of 1933, as explained below.

Cover 93-549

Introduction 93-549

Foreward 93-549

Content

The report primarily consists of the history of the national state of emergency and examples of Congressional acts that transferred powers to the President.

The US Senate Report foreword states:

"Since March 09, 1933 the United States has been in a state of declared national emergency."

It continues,

"A majority of the people of the United States have lived all of their lives under emergency rule. For 40 years, freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency."

The subject matter listed below has been clearly separated by subject and cited for easy reference. All of this information (to date) is pertinent to this Senate Report (93-549, November 19, 1973). The subjects of this report include: Emergency War Powers, Trading With the Enemy Act (1917), Presidential Proclamation #2039 of March 6, 1933 (TWEA 1917 amended), Empowering Act of Congress - U.S.C. Title 12, Section 95(b), and the Bank Holiday of March 6, 1933. The Presidential Proclamation announced the emergency and invoked the war powers, and Congress enacted legislation for the emergency and empowered the Executive Branch with wartime abilities (namely the President and Secretary of Treasury) in a pivotal fashion. Finally, the current law to date U.S.C. Title 12, Sec. 95(b) has not been altered.

Trading With The Enemy Act, 1917 as Amended

It is possible to confuse the TWEA (Trading With the enemy Act) with the National Banking Act, and the Trading With the enemy Act of 1917 as amended is still erroneously referred to, specifically that the National Emergencies Act (PL-94-412, 90 Stat.) 50 U.S.C. 1601-1651, completely rescinds the powers conferred to the President in 1975. But, quoting the text from section 502, Public Law 94-412 (National Emergencies Act) below, we can see that the empowering Act itself was clearly not included:

"SEC.502.(a)The provisions of this Act shall not apply to the following provisions of law. The powers and authorities conferred thereby, and actions taken thereunder: (1)Section 5(b) of the Act of October 6, 1917, as amended (12 U.S.C. 95A;50 U.S.C. App. 5(b));"

The powers conferred to the President pursuant to standing law and to current day under Title 12, U.S.C., which is still in effect, are the Emergency Powers described in Senate Report 93-549. Additionally, the fact that the private banks which belong to the Federal Reserve actually operate and conduct business is proof the Emergency still exists, since it is the Bank Holiday of March 6, 1933 which grants the authorization for them to do so. See "Bank Holiday of March 6, 1933"

Presidential Proclamation #2039 of March 6, 1933 (Amending Trading With the Enemy Act of 1917)

Whereas it is provided in Section 5 (b) of the Act of October 6, 1917 (40 Stat. L. 411), as amended, "That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange and the export, hoarding, melting, or earmarkings of gold or silver coin or bullion or currency . . ."; and

The amended text continues following the ". . ." Ellipsis. This is important and is explained below.

By the year 1917, the United States was involved in World War I; Therefore, Congress passed this Act which identified who could be declared enemies of the United States, and, in this Act, we gave the government total authority over those enemies. In Section 2, Subdivision (c) in the middle, at the bottom of the page:

"...other than citizens of the united States."

The Act specifically excluded citizens of the united States. Section 5b of the same Act, states:

"That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, export or earmarking of gold or silver coin or bullion or currency, transfers of credit in any form (other than credits relating solely to transactions to be executed wholly within the United States)."

However, in Section 2 of the Act of March 9, 1933 it states:

"Subdivision (b) of Section 5 of the Act of October 6, 1917 (40 Stat. L. 411), as amended, is hereby amended to read as follows;"

The amended version of Section 5(b) reads:

"During time of war or during any other period of national emergency declared by the President, the President may, through any agency that he may designate, or otherwise, investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, transfers of credit between or payments by banking institutions as defined by the President and export, hoarding, melting, or earmarking of gold or silver coin or bullion or currency, by any person within the (united States) or anyplace subject to the jurisdiction thereof.."

The phrase "transactions executed wholly within the united States" has been removed from the amended version of Section 5 (b) of the Act of March 9, 1933, Section 2, and replaced with "by any person within the united States or anyplace subject to the jurisdiction thereof".

Emergency War Powers

No act of Congress has rescinded the March 9, 1933 Proclamation:

"The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by section 95a of this title, are approved and confirmed."

Senate Report 93-549, 1st Session, 1973:

"The 2,000-year-old problem of how a legislative body in a democratic republic may extend extraordinary powers for use by the executive during times of great crisis and dire emergency -but do so in ways assuring both that such necessary powers will be terminated immediately when the emergency has ended and that normal processes will be resumed -has not yet been resolved in this country. Too few are aware of the existence of emergency powers and their extent, and the problem has never been squarely faced."

Franklin D. Roosevelt's Inauguration Speech, Saturday March 4, 1933:

"I am prepared under my constitutional duty to recommend the measures that a stricken nation in the midst of a stricken world may require. These measures, or such other measures as the Congress may build out of its experience and wisdom, I shall seek, within my constitutional authority, to bring to speedy adoption. But in the event that the Congress shall fail to take one of these two courses, and in the event that the national emergency is still critical, I shall not evade the clear course of duty that will then confront me. I shall ask the Congress for the one remaining instrument to meet the crisis -- broad Executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe."

Empowering Act of Congress - U.S.C. Title 12, Section 95(b)

"The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March the 4th, 1933, pursuant to the authority conferred by Subsection (b) of Section 5 of the Act of October 6th, 1917, as amended [12 USCS Sec. 95a], are hereby approved and confirmed. (Mar. 9, 1933, c. 1, Title 1, Sec. 1, 48 Stat. 1.)"

The purpose was to establish a solution to the financial crisis, as explained by Franklin D. Roosevelt. According to the Senate Report 93-549 of 1973, the United States has been in a state of national emergency since 1933. To date, no law can be found which limits this specific Emergency War Power declaration, nor the power conferred unto the Executive by Congress.

Bank Holiday of March 6, 1933

Initially to be prepared by the Treasury staff during Herbert Hoover's administration in its final days, the legislation was passed on March 9, 1933. On March the 5th, President Roosevelt asked for a special and extraordinary session of Congress in Proclamation 2038. He called for the special session of Congress to meet on March the 9th at noon. And at that Congress, he presented a bill, an Act, to provide for relief in the existing national emergency in banking and for other purposes. In the enabling portion of that Act, it states:

"Be it enacted by the Senate and the House of Representatives of the united States of America in Congress assembled, That the Congress hereby declares that a serious emergency exists and that it is imperatively necessary speedily to put into effect remedies of uniform national application."

The new law allowed the twelve, privately owned Federal Reserve Banks to issue additional currency on good assets so that banks that reopened would be able to meet every legitimate call. The Emergency Banking Act was introduced on March 9, 1933, to a joint session of Congress and was passed the same evening amid an atmosphere of chaos and uncertainty as over 100 new Democratic members of Congress swept into power determined to take radical steps to address banking failures and other economic malaise. The EBA was one of President Roosevelt's first projects in the 100 days. The sense of urgency was such that the act was passed with only a single copy available on the floor of the House of Representatives and legislators voted on it after the bill was read aloud to them by Chairman of the House Banking Committee Henry Steagall. Copies were made available to senators as the bill was being proposed in the Senate, after it had passed in the House, sight unseen.

Modern controversy

Often, it is portrayed as a current report written by the current sitting Congress. It is frequently mentioned by conspiracy theories.

Actual Law Rescinding The Emergency War Powers of 1933 (U.S.C. Title 12, Sec. 95(b), Trading With the Enemy Act as Amended.

( none. )

See also

• State of emergency

• War Powers Resolution

• Emergency Banking Act

• National Emergencies Act

• Trading with the Enemy Act of 1917

External links

• HTML Version
• Photocopies of the Original (pdf)
• Discussion from the United States Department of State

Category:Reports of the United States government