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Enabling Act Text

Enabling Act Text

Introduction

The Enabling Act is one of the most significant pieces of legislation in American history. Passed in 1933, the Act granted the President of the United States broad emergency powers to combat the economic crisis of the Great Depression. In this article, we will explore the text of the Enabling Act, its significance, and its impact on American politics and governance.

Historical Context

The Enabling Act was passed during a time of crisis and uncertainty in the United States. The Great Depression had ravaged the American economy, causing widespread unemployment, poverty, and social unrest. President Franklin D. Roosevelt had been elected in a landslide victory in 1932, promising to provide relief and recovery for the American people.
The Enabling Act was part of a larger series of New Deal reforms that aimed to address the economic crisis and create a more robust system of government intervention in the economy. The Act was controversial at the time, with critics accusing Roosevelt of trampling on Constitutional freedoms and creating a dangerously powerful Executive branch.

The Text of the Enabling Act

The text of the Enabling Act is relatively brief and straightforward, but its implications are far-reaching. The Act grants the President broad emergency powers to combat the economic crisis, including:
“The Congress hereby finds and declares that during the existing national emergency there is need for relieving the acute economic emergency which is existing…. To accomplish such purposes, the President is hereby granted authority, in his discretion:”
1. “To declare by proclamation that an emergency exists and that it is necessary to regulate and control the production, construction, distribution, and consumption of materials and commodities, and to assign priorities in production and in the order of delivery thereof, and to prescribe such rules and regulations as may be necessary to carry out the purposes of this title.”
This section of the Act gives the President the power to declare a national emergency and take control of certain aspects of the economy, such as production, distribution, and consumption of goods and materials. The President can also set priorities for production and delivery and create rules and regulations to carry out the Act’s purposes.
2. “To exercise the powers vested in him by Section 481(b) of the Tariff Act of 1930, as amended (19 U.S.C. 1481 (b)), and in addition thereto to require that no goods shall be imported into the United States under such conditions or at such times as will diminish the total amount of any agricultural commodity which would otherwise have been available for consumption in the United States.”
This section of the Act gives the President the power to restrict or control imports into the United States, with the goal of ensuring a sufficient supply of agricultural commodities for domestic consumers.
3. “To make such investigations and studies, conduct such researches, and carry on such experiments, as he may deem necessary to accomplish the purposes of this title.”
This section of the Act gives the President the power to conduct research and studies to further the goals of the Act, such as promoting economic recovery and stability.
4. “To cooperate with the States and subdivisions thereof and with governmental agencies, and to accept their cooperation.”
This section of the Act gives the President the power to work with individual states and local governments, as well as other federal agencies, to carry out the purposes of the Act.
5. “To provide for the appointment and compensation of such officers and employees, and the creation of such agencies, as he may find necessary for the accomplishment of the purposes of this title; and to authorize the making of expenditures necessary to carry out such purposes.”
This section of the Act gives the President the power to appoint and compensate officers and employees and create agencies to carry out the purposes of the Act. The President is also authorized to make expenditures to accomplish these purposes.

Significance of the Enabling Act

The Enabling Act is significant for several reasons. First, it granted the President broad emergency powers to combat the economic crisis, which helped to jumpstart the recovery and stabilize the economy. The Act gave Roosevelt the latitude to implement ambitious New Deal programs, such as the Civilian Conservation Corps, the National Recovery Administration, and the Works Progress Administration.
Second, the Enabling Act was controversial at the time, with critics arguing that it created a dangerously powerful Executive branch and threatened Constitutional protections and freedoms. However, the Act withstood legal challenges and played a critical role in laying the foundation for modern American governance.
Finally, the Enabling Act paved the way for greater government intervention in the economy and society at large, creating a more robust system of social welfare and regulatory oversight. Many of the New Deal programs and agencies that emerged from the Enabling Act remain part of the American social and economic landscape today, such as Social Security, the Securities and Exchange Commission, and the Federal Deposit Insurance Corporation.

Conclusion

The Enabling Act is a significant piece of legislation that granted the President of the United States broad emergency powers to combat the economic crisis of the Great Depression. The Act was controversial at the time but played a critical role in jumpstarting the recovery and stabilizing the economy. The Enabling Act also paved the way for greater government intervention in the economy and society, creating a more robust system of social welfare and regulatory oversight. Despite its controversies, the Enabling Act remains a defining moment in American history and governance.

2071. Rule-making power generally

(a) The Supreme Court and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business. Such rules shall be consistent with Acts of Congress and rules of practice and procedure prescribed under section 2072 of this title.

(b) Any rule prescribed by a court, other than the Supreme Court, under subsection (a) shall be prescribed only after giving appropriate public notice and an opportunity for comment. Such rule shall take effect upon the date specified by the prescribing court and shall have such an effect on pending proceedings as the prescribing court may order.

(c)(1) A rule of a district court prescribed under subsection (a) shall remain in effect unless modified or abrogated by the judicial council of the relevant circuit.

(2) Any other rule prescribed by a court other than the Supreme Court under subsection (a) shall remain in effect unless modified or abrogated by the Judicial Conference.

(d) Copies of rules prescribed under subsection (a) by a district court shall be furnished to the judicial council, and copies of all rules prescribed by a court other than the Supreme Court under subsection (a) shall be furnished to the Director of the Administrative Office of the United States Courts and made available to the public. (e) If the prescribing court determines that there is an immediate need for a rule, such court may proceed under this section without public notice and opportunity for comment, but such court shall promptly thereafter afford such notice and opportunity for comment. (f) No rule may be prescribed by a district court other than under this section.

2072. Rules of procedure and evidence; power to prescribe

(a) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrates thereof) and courts of appeals.

(b) Such rules shall not abridge, enlarge, or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.

(c) Such rules may define when a ruling of a district court is final for the purposes of appeal under section 1291 of this title.
2073. Rules of procedure and evidence; method of prescribing

(a)(1) The Judicial Conference shall prescribe and publish the procedures for the consideration of proposed rules under this section. (2) The Judicial Conference may authorize the appointment of committees to assist the Conference by recommending rules to be prescribed under sections 2072 and 2075 of this title. Each such committee shall consist of members of the bench and the professional bar, and trial and appellate judges.

(b) The Judicial Conference shall authorize the appointment of a standing committee on rules of practice, procedure, and evidence under subsection (a) of this section. Such standing committee shall review each recommendation of any other committees so appointed and recommend to the Judicial Conference rules of practice, procedure, and evidence and such changes in rules proposed by a committee appointed under subsection (a)(2) of this section as may be necessary to maintain consistency and otherwise promote the interest of justice.

(c)(1) Each meeting for the transaction of business under this chapter by any committee appointed under this section shall be open to the public, except when the committee so meeting, in open session and with a majority present, determines that it is in the public interest that all or part of the remainder of the meeting on that day shall be closed to the public, and states the reason for so closing the meeting. Minutes of each meeting for the transaction of business under this chapter shall be maintained by the committee and made available to the public, except that any portion of such minutes, relating to a closed meeting and made available to the public, may contain such deletions as may be necessary to avoid frustrating the purposes of closing the meeting.

(2) Any meeting for the transaction of business under this chapter, by a committee appointed under this section, shall be preceded by sufficient notice to enable all interested persons to attend. (d) In making a recommendation under this section or under section 2072 or 2075, the body making that recommendation shall provide a proposed rule, an explanatory note on the rule, and a written report explaining the body’s action, including any minority or other separate views. (e) Failure to comply with this section does not invalidate a rule prescribed under section 2072 or 2075 of this title.

2074. Rules of procedure and evidence; submission to Congress; effective date

(a) The Supreme Court shall transmit to the Congress not later than May 1 of the year in which a rule prescribed under section 2072 is to become effective a copy of the proposed rule. Such rule shall take effect no earlier than December 1 of the year in which such rule is so transmitted unless otherwise provided by law. The Supreme Court may fix the extent such rule shall apply to proceedings then pending, except that the Supreme Court shall not require the application of such rule to further proceedings then pending to the extent that, in the opinion of the court in which such proceedings are pending, the application of such rule in such proceedings would not be feasible or would work injustice, in which event the former rule applies.

(b) Any such rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by Act of Congress.

2075. Bankruptcy rules

The Supreme Court shall have the power to prescribe by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure in cases under title 11.

Such rules shall not abridge, enlarge, or modify any substantive right.

The Supreme Court shall transmit to Congress not later than May 1 of the year in which a rule prescribed under this section is to become effective a copy of the proposed rule. The rule shall take effect no earlier than December 1 of the year in which it is transmitted to Congress unless otherwise provided by law.

The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section 707(b)(2)(C) of title 11 and may provide general rules on the content of such statement.
2076. Repealed. Pub.L. 100-702, Title IV, § 401(c), Nov. 19, 1988, 102 Stat. 4650]

Section repealed effective Dec. 1, 1988.2077. Publication of rules; advisory committees

(a) The rules for the conduct of the business of each court of appeals, including the operating procedures of such court, shall be published. Each court of appeals shall print or cause to be printed necessary copies of the rules. The Judicial Conference shall prescribe the fees for sales of copies under section 1913 of this title, but the Judicial Conference may provide for free distribution of copies to members of the bar of each court and to other interested persons.

(b) Each court, except the Supreme Court, that is authorized to prescribe rules of the conduct of such court’s business under section 2071 of this title shall appoint an advisory committee for the study of the rules of practice and internal operating procedures of such court and, in the case of an advisory committee appointed by a court of appeals, of the rules of the judicial council of the circuit. The advisory committee shall make recommendations to the court concerning such rules and procedures. Members of the committee shall serve without compensation, but the Director may pay travel and transportation expenses in accordance with section 5703 of title 5.

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