Trading With the Enemy Act

The information below is discussed in more detail and placed into context under
"Emergency Declared". The below version is distilled to promote quicker and
easier reading & understanding.

In 1917, under President Woodrow Wilson, the U.S. Congress

passed legislation titled Trading With the Enemy Act. The objective
was to stop any American from trading with our enemies and the
allies of our enemies, during World War I.
of the act defined "enemy" as foreigners and countries who
were at war with the United States. It specifically excluded
American citizens as enemies. Sec. 5(b) specifically excluded
transactions of the American people.
Sec. 2(c)

Public Law No. 65-91

(40 Stat. L. 411)
October 6, 1917
CHAP. 106. - An Act To define, regulate, and punish
trading with the enemy, and for other purposes.

Sec. 2(c) - Such other individuals, or body or class of individuals, as may

be natives, citizens, or subjects of any nation with which the United
States is at war, other than citizens of the United States, wherever resident
or wherever doing business, as the President, if he shall find the safety of
the United States or the successful prosecution of the war shall so require,
may, by proclamation, include within the term "enemy."
Sec. 5(b) - That the President may investigate, regulate or prohibit, under
such rules as he may prescribe by means of foreign exchange, export or
earmarkings of gold or silver coin or bullion or currency, transfers of
credit in any form other than credits relating to transactions to be
executed wholly within the United States..."
The war powers were terminated following World War I, in 1921.
However, The Trading With the Enemy Act of 1917 was granted an
exemption.
The "Roaring Twenties," then arrived, a decade of greed and
decadence. This culminated with the notorious stock market crash
of 1929. Franklin D. Roosevelt was placed in the White House.
Speaking of the economic crisis during his inaugural address,
Roosevelt said, "...I shall ask the Congress for the one remaining
instrument to meet the crisis - broad Executive power to wage war
against the emergency, as great as the power that would be given
me if we were in fact invaded by a foreign foe."
On March 6, 1933, President Roosevelt relied on Sec. 5(b) of
the Trading With the Enemy Act as authority for his Proclamation
2039 which closed all banks for five days. This was clearly a time of
financial crisis, not of war, and hence was not within the literal
terms and purposes of the Act. Importantly, the Act was amended

so as to include every citizen and every transaction and any form of

national emergency.

Trading With the Enemy Act Sec. 5(b)

"During time of war or 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 earmarkings of gold or silver coin or
bullion or currency by any person within the United States or any place
subject to the jurisdiction thereof; and the President may require any
person engaged in any transaction referred to in this subdivision to
furnish under oath, complete information relative thereto, including the
production of any books of account, contracts, letters or other papers in
connection therewith in the custody or control of such person, either
before or after such transaction is completed "
On March 9, 1933, Roosevelt issued Proclamation 2040. It referred
to the national emergency and again asserted Sec. 5(b) as authority
for it. Roosevelt then proclaimed that the Proclamation of March 6,
1933, would remain in full force and effect until proclamation by the
president. It remains in force to this day.
Therefore, an effectively permanent law exists that allows the
president, by declaring an emergency, to assume the role of
dictator. He may designate agencies of his choice to investigate,
regulate, and license any transaction of any person (enemy) within
the United States, by means of rules and regulations he may
prescribe.
In the event the reader has lingering doubt concerning the nature
and effect of the Trading With the Enemy Act, it is suggested that
he read Senate Report 93-549.
From Senate Report 93-549: