Presidential Emergency Powers: The So-Called "War Powers Act of 1933" (CRS Report for Congress)
| Release Date |
Aug. 20, 1996 |
| Report Number |
95-753 |
| Authors |
David M. Ackerman, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
The "War Powers Act of 1933" is a name given by some members of the militia and patriot
movement
to emergency banking legislation passed in 1933 five days after President Roosevelt came into
office. (1)
The legislation did not, in fact, have the title attributed to it. It has apparently been so labelled by
some because the banking legislation amended the "Trading with the Enemy Act of 1917" in order
to give legal underpinning to President Roosevelt's efforts to cope with the banking crisis. It is
alleged by its modern-day critics that by that amendment the government in effect declared war on
the American people and began a reign of unconstitutional rule through Presidential emergency
powers. These allegations overlook the facts that the amendment of the Trading with the Enemy Act
has subsequently been repealed, that President Roosevelt's proclamation of national emergency has
been effectively terminated, and that any President's exercise of emergency powers is now regulated
under the "National Emergencies Act."
1. Â It should also be noted that this legislation has nothing to
do with the "War Powers Resolution of 1973." See
P.L. 93-148 (Nov. 7, 1973); 87 Stat. 555; 15 U.S.C. 1541 et seq. The War Powers Resolution
imposes
responsibilities on the President relating to the commitment of U.S. military forces into "hostilities
or situations
where imminent involvement in hostilities is clearly indicated by the circumstances." Like the exercise
of
Presidential emergency powers, the issue of Presidential and Congressional war powers is a subject
of
continuing debate. But the so-called "War Powers Act of 1933" should not be confused with the War
Powers
Resolution.
