International Emergency Economic Powers Act - History

History

Congress enacted the law in 1977 as part of a reform to clarify the powers of presidents with regard to national emergencies. Starting with Franklin D. Roosevelt in 1933, presidents had claimed the power to declare emergencies without limiting their scope or duration, without citing the relevant statutes, and without reporting to Congress. The Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer limited what a president could do in such an emergency, but did not limit the emergency declaration power itself. A 1973 Senate investigation found (in Senate Report 93-549) that four declared emergencies remained in effect: the 1933 emergency with respect to gold, a 1950 emergency with respect to the Korean War, a 1970 emergency regarding a postal workers strike, and a 1971 emergency in response to inflation. Congress terminated these emergencies with the National Emergencies Act, and then passed the IEEPA to restore the emergency power in a limited, overseeable form.

Once passed, the act became a convenient means for presidents to order embargos of specific countries. Later presidents used the act to shut down organizations and cut off support to individuals.

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