The National Emergency

I think I first heard about the concept of a national emergency several years ago at a citizenship seminar. I later got a hold of a book and cassette tape from Dr. Gene Schroeder, which described the abolition of the Constitution for the United States under the War Powers Act. The citizenship seminar booklet mentioned Senate Report 93-549 as being the place to go to research the topic. On a trip to the Villanova Law Library, I found this volume and was astounded at what I read. I have reproduced below the letter I wrote to Pennsylvania's U.S. Senators Santorum and Specter soon after my research.

						Arthur L. Farnsworth
						2100 Sterners Road
						Green Lane  Pennsylvania
						26 January 1997

Senator Rick Santorum
Widener Building
1 South Penn Square, Suite 960
Philadelphia  PA  19107


Senator Santorum,
     I  am writing you regarding a matter which I  have  recently
become familiar with and have done some preliminary research on -
specifically, Senate Report 93-549.  In case you are not familiar
with it, this report is a 607 page book that contains nothing but
Emergency  Powers  Statutes.   It is entitled "A  Report  of  the
Special Committee on the Termination of the National  Emergency",
dated November 19, 1973.  I had a sketchy idea of the concept  of
a national emergency and the powers allowed the President  during
such  a time, but a brief perusal of this document was enough  to
astound me and make me decide that the Congress must address this
issue again soon.

     The  Foreword to this volume begins: "Since March  9,  1933,
the United States has been in a state of declared national  emer-
gency.  In  fact, there are now  in  effect  four  presidentially
proclaimed  states  of  national emergency: In  addition  to  the
national emergency declared by President Roosevelt in 1933, there
are also the national emergency proclaimed by President Truman on
December 16, 1950, during the Korean conflict, and the states  of
national emergency declared by President Nixon on March 23, 1970,
and August 15, 1971."

     "After  World War I, President Wilson  relinquished  wartime
authority  and asked Congress to repeal the  emergency  statutes,
enacted  to fight more effectively the war.  Only a  food-control 
measure  and the 1917 Trading With the Enemy Act  were  retained. 
This procedure of terminating emergency powers when the  particu- 
lar emergency itself has, in fact, ended has not been consistent- 
ly followed by his successors." 

     "Besides  the  1933 and Korean war  emergencies,  two  other 
states  of declared national emergency remain in  existence.   On 
March  23,  1970, confronted by a strike of  Postal  Service  em- 
ployees,  President  Nixon declared a  national  emergency.   The 
following  year,  on August 15, 1971,  Nixon  proclaimed  another 
emergency,  under which he imposed stringent import  controls  in 
order to meet an international monetary crisis." 

     "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." 

     From  page  183 - "On August 15, 1971, President  Nixon,  in 
Proclamation  4074,  declared an emergency  concerning  America's 
declining  worldwide  economic position.  He  imposed  an  import 
surcharge and devalued the dollar, among other things."

     There  are probably very few citizens who know we are  in  a 
state  of  emergency.  The powers given the  President  during  a 
national  emergency  were deemed necessary, but  temporary.   The 
fact  that  the "emergency" has continued for 63 years  is  ludi- 
crous.  The purpose of SR 93-549 as I understand it was to put in 
one place all of the legislation of this country that was affect- 
ed, modified, or suspended by an emergency situation.  There  was 
a  proposed effort at that time to get us out of  the  emergency, 
but  of  course,  only the President can  declare  the  emergency 
terminated.

     I  call  upon you with much urgency to get us  out  of  this 
seemingly-endless  state of national emergency.  Re-address  with 
your fellow members of the Senate the importance of declaring the 
"war"  on the American people over.  We need back our  democratic 
republic  where the Constitution is the supreme law of the  land. 
Join  me  in  calling on President Clinton to end  the  state  of 
national emergency. 

     Your  opinion and correspondence on this issue  is  welcome. 
Thank-you for your attention to this matter of such importance. 



						Sincerely, 


						Arthur L. Farnsworth

25 June 2003 - A fellow southeastern Pennsylvania patriot provided me with the following U.R.L. to a Web site that contains portions of Senate Report 93-549. You might wish to read through this rather than pulling out the huge book at the law library. I can't vouch for correctness or anything else, but here's the U.R.L.: http://www.barefootsworld.net/war_ep1.html

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