Constitution

Declaration of the Rights of Man

Declaration of the Rights of Man

The Declaration of the Rights of Man: A Landmark Document in the Struggle for Human Rights

The Declaration of the Rights of Man and of the Citizen is a landmark document in the struggle for human rights. It was adopted during the French Revolution of 1789 and served as an important precursor to the Universal Declaration of Human Rights, adopted by the United Nations in 1948. In this article, we will explore the significance of the Declaration of the Rights of Man and its enduring legacy.

History of the Declaration

The Declaration of the Rights of Man was adopted by the National Assembly of France on August 26, 1789, in response to the abuses of the French monarchy and the call for a more democratic and representative government. The document was modeled on the American Declaration of Independence and the Virginia Declaration of Rights, both of which had been established during the American Revolution.
The Declaration of the Rights of Man asserted that all human beings are equal before the law, and that the government must protect the natural and inalienable rights of citizens. These rights included liberty, property, security, and resistance to oppression. It also proclaimed the principle of popular sovereignty, stating that the government derives its authority from the people through their representatives.

Legacy of the Declaration

The Declaration of the Rights of Man had a significant impact on the world, laying the foundation for modern human rights. It inspired similar declarations in other countries, including Haiti, Belgium, and Poland, and served as a model for the Universal Declaration of Human Rights.
The Declaration also played a crucial role in the formation of democratic governments around the world. Its principles of equality, popular sovereignty, and individual rights served as a guiding force for the creation of new political systems and the reformation of existing ones.
Moreover, the Declaration of the Rights of Man continues to be influential today, serving as a reminder of the importance of individual rights and freedoms in a democratic society. It remains an enduring symbol of the struggle for human rights and dignity, and a standard against which governments and societies are judged.

Conclusion

The Declaration of the Rights of Man is a landmark document in the history of human rights, representing a pivotal moment in the fight for individual liberties and democratic government. Its principles have guided governments and societies around the world and served as the foundation for modern human rights. At a time when democratic values are being challenged around the world, the Declaration of the Rights of Man continues to be a powerful reminder of the importance of individual rights and freedoms in a just and democratic society.

What is the Declaration of the Rights of Man?

The Declaration of the Rights of Man was one of the most fundamental documents of the French Revolution. The Declaration of the Rights of Man was drafted over a period of 6 days between August 20th and August 26th, 1789 by the National Assembly of France. The Declaration of the Rights of Man was, like the Declaration of Independence in the American Colonies, a statement to the aristocracy of the public disdain for specific policies and would eventually become the essence of the preamble to the Constitution of 1791.

The Declaration of the Rights of Man was drafted by the Marquis de Lafayette and was strongly influenced by the theories of the social contract and individualism espoused by Jean-Jacques Rousseau as well as the separation of powers theory discussed by Baron de Montesquieu. The Declaration of the Rights of Man was heavily influenced by the Virginia Declaration of Rights as well as the Dutch Patriot Movement.

The Declaration of the Rights of Man was written as a direct refutation of the laws and policies of the aristocratic regimes of the past. Popular sovereignty was to replace “divine right.” The Declaration of the Rights of Man also had the goal of granting individuals the “natural, inalienable and sacred human rights” including “freedom, property, safety and the right to resist oppression.”

Articles of the Declaration of the Rights of Man

The articles of the Declaration of the Rights of Man consists of 17 articles that cover a number of topics. Articles 1, 2, and 17 specifically refer to an individual’s rights to be free from government intrusion and to be secure in their life, liberty, and property. The specific provisions of these Articles are:

Article 1 All people shall have equal rights upon birth and ever after. The general utility is the only permissible basis for social distinctions.

(This article was specifically designed to do away with the social, and economic, benefits that came with being born into a specific class. Where the Declaration of the Rights of Man made it a point to define the rights of all citizens it did not include women and there is no mention of slavery.)

Article 2 The aim of all political associations shall be to preserve man’s natural and imprescriptible rights. These are the right to freedom, property, safety, and the right to resist oppression.

(When referring to the rights of man the Declaration of the Rights of man only applied to landowning men who were 25 years or older and paid taxes equal to 3 days worth of work and were not servants. This essentially gave the right to be an “active citizen” to only 4.5 million out of 29 million citizens. It was not until the 1940’s that the rights of “active citizens” were granted to women.)

Article 17 – The right of ownership is an inviolable and sacred right; one may not be deprived of one’s property, unless where public need, duly ascertained by law, clearly requires it, and subject to the condition that fair and prior compensation be made.

Articles 3 thru 6 of the Declaration of the Rights of man were drafted concerning the government, especially the legislature, its power; how it should be created, and how it may be permitted to influence the public.

Article 3 The principle of all sovereignty resides in the Nation. Nobody or individual may exercise any power other than that expressly emanating from the Nation.

Article 4 Freedom is the power to do anything which does not harm another: therefore, the only limits to the exercise of each person’s natural rights are those which ensure that the other members of the community enjoy those same rights. The legislation only may set these limits.

(Article 4 of the Declaration of the Rights of Man was specifically written to combat the practices of the aristocracy by which individuals would be arrested and charged with criminal conduct that was not prescribed by law.)

Article 5 Only actions harmful to the community may be made illegal. No-one may be prevented from doing that which the law does not forbid, nor be forced to do that which the law does not command.

Article 6 Legislation expresses the overall will. All citizens, either in person or through their representatives, are entitled to contribute to its formation. Legislation must be the same for all, whether it serves to protect or to punish. As all citizens are equal in the eye of the law, positions of high rank, public office, and employment are open to all on an equal basis according to ability and without any distinction other than that based on their merit or skill.

(Article 6 of the Declaration of The Rights of Man specifically attacks the nature of the French government as it then stood in 1789. Where the King was the sole legislative body in the government. Article 6 specifically calls for a legislative body represented by and elected by, the people. Article 6 of the Declaration of the Rights of Man also provides for access to public office positions and employment by all active citizens based on merit; unlike the cronyism that was prevalent under the aristocracy.)

Articles 7 thru 9 are designed strictly to create the rights of individuals to be free from the unwarranted seizure of their person or property without justification, akin to the 4th Amendment in the United States.

Article 7 A person may be accused, arrested, or detained only in the cases specified by law and in accordance with the procedures which the law provides. Those who solicit, forward, carry out, or have arbitrary orders carried out shall be punished; however, any citizen summoned or apprehended pursuant to law must obey forthwith; by resisting, he admits his guilt.

(Article 7 of the Declaration of the Rights of Man was meant to directly attack the policy of arresting members of the public for arbitrary reasons. It requires that all members of the public be informed of the laws of which they are required to follow.)

Article 8 Only penalties which are strictly and clearly necessary may be established by law, and no-one may be punished other than pursuant to a law established and enacted prior to the offense and applied lawfully.

Article 9 – As all persons are presumed innocent until declared guilty, the force used in making indispensable arrests which exceed that needed, shall be severely punished by law.

Articles 10 and 11 of the Declaration of the Rights of Man were written to address the prohibitive nature of the government in preventing the freedom of speech, religion, and the press. Much like the 1st Amendment in the United States Constitution’s Bill of Rights, Articles 10 and 11 address the right of every individual to be vocal about the government and be able to express their freedom of religion.

Article 10 – No-one may be troubled due to his opinions, whether or not they are on religious issues provided that the expression of these opinions does not disturb the peace.

Article 11 – Free communication of ideas and opinions is one of the most precious human rights; all citizens may therefore speak, write and print freely, though they may be required to answer for abusing this right in cases specified by law.

Article 12 – The protection of the rights of man and the citizen requires the police force; consequently, this force is established in the interest of all, not in that of those to whom it has been entrusted.

(Article 12 of the Declaration of the Rights of Man focuses on the protection of citizens of France from abusive police conduct. It is much akin to the United States Constitution’s third and Fourth Amendments. It focuses on the idea that the police are representatives of the citizenry and should not act arbitrarily or at the will of the government.)

Articles 13 and 14 of the Declaration of the Rights of Man focus primarily on the issue of taxation. Article 13 specifically calls for all active citizens to contribute to public resources, especially for law enforcement. Article 14 prescribes that all active citizens may contribute to the creation of the tax code either through their own involvement in the government or through their elected representatives. This is the equivalent of “no taxation without representation” in the United States.

Article 13- The maintenance of the police force and administration expenses require public contributions. These contributions are to be borne by the citizens equally according to their resources.

Article 14 – All citizens have the right, either in person or through their representatives, to ascertain the need for the public contributions, to freely authorize these contributions, to monitor their use, and to determine the amount, basis, collection, and duration of contributions.

Article 15 – The community has the right to ask any public officer to account for his service.

Article 16 – Any society in which rights are not guaranteed, nor the scope of power determined, has no Constitution.

The Declaration of the Rights of Man of 1793

The original Declaration of the Rights of Man, drafted in 1789, was created, not only to rally the citizens around a common cause, but also as a template for any future government that would come out of the french revolution. The Declaration of the Rights of Man was eventually updated from a list of 17 articles to a list of 35 articles. The Declaration of the Rights of Man of 1793 was the first version to include the article noting the rights of “equality, liberty, security & property.” The 1793 Declaration of the Rights of Man also made out specific articles for education, term limits for government officials, and for the maintenance of the poor.

Jones Act Text

Jones Act Text

Introduction

The Jones Act, also known as the Merchant Marine Act of 1920, is a U.S federal law that regulates maritime commerce in American waters and between American ports. It has been the subject of much discussion and debate over the years, with some arguing that it provides essential protections for American workers and industries, while others claim that it inhibits competition and drives up costs. In this article, we will explore the text of the Jones Act, its history, its impact, and the arguments for and against it.

History of the Jones Act

The Jones Act was originally passed in 1920 as a response to the devastating effects of World War I on the U.S. maritime industry. At the time, the United States was heavily dependent on foreign ships and crews to transport goods and people between American ports, and the war had severely disrupted this trade.
The Jones Act sought to remedy this by requiring that all goods shipped between American ports be transported on American-built, American-owned, and American-operated vessels that were crewed by American citizens or permanent residents. It also required that a significant portion of the vessel’s crew be composed of American citizens or permanent residents.
In addition to strengthening the U.S. maritime industry, the Jones Act was also seen as a way to enhance national security by ensuring that the U.S. had a strong domestic shipping industry in times of war or other emergencies.

Text of the Jones Act

The text of the Jones Act is relatively straightforward, albeit with some complexities and variations that have been added over the years. The following are some of the key provisions of the law:
Section 1: “Any vessel which shall be built in the United States after the date of the enactment of this Act, and whose builder desires her to be regarded as an American vessel…shall be inspected by the proper authorities of the United States.”
This section mandates that any vessel wishing to be classified as an American vessel must be inspected by U.S. authorities in order to ensure that it meets the requirements of the law.
Section 2: “No merchandise shall be transported by water, or by land and water, on penalty of forfeiture thereof, between points in the United States…unless it shall be transported in vessels built in and documented under the laws of the United States and owned by persons who are citizens of the United States.”
This section mandates that all goods transported between American ports must be carried on American-built, American-owned, and American-operated vessels that are crewed by American citizens or permanent residents.
Section 3: “Except as otherwise provided in this section and section 4 of this Act, a vessel may not engage in the coastwise trade of the United States unless the vessel…(A) was built in the United States; and (B) is owned by a citizen of the United States…No vessel which is built before August 1, 1920, shall be deemed a vessel of the United States under this section unless it is documented under the laws of the United States on August 1, 1920, and complies…with those laws as to nationality, ownership, and registry.”
This section requires that vessels engaged in the coastwise trade (transporting goods between American ports) must be American-built, American-owned, and American-operated. It also includes provisions for pre-existing vessels that were documented under U.S. law before the enactment of the Jones Act.

Impact of the Jones Act

The Jones Act has had a significant impact on the U.S. maritime industry, American workers, and the cost of transporting goods between American ports. Supporters of the Act argue that it has helped to protect American jobs and industries by ensuring that American vessels and crews are used in domestic trade. They also claim that the Act enhances national security by ensuring that the U.S. has a strong domestic shipping industry in times of war or other emergencies.
However, opponents of the Act argue that it has had the opposite effect, inhibiting competition and driving up costs. They claim that the Act has led to a shortage of available ships and higher transportation costs, which ultimately harms American consumers and businesses. They also argue that the Act has led to a lack of innovation and investment in the U.S. maritime industry, as American companies are protected from competition and have little incentive to improve their operations.

Arguments For and Against the Jones Act

Supporters of the Jones Act argue that it provides essential protection for American workers and industries. They claim that without the Act, foreign companies would flood the U.S. market with cheap ships and labor, ultimately driving American operators out of business. They also argue that the Act helps to protect national security by ensuring that the U.S. has a strong domestic shipping industry in times of war or other emergencies.
Opponents of the Act argue that it is protectionist and ultimately harms American consumers and businesses. They claim that the Act inhibits competition and innovation, leading to higher transportation costs and a lack of investment in the U.S. maritime industry. They also argue that the Act has led to a shortage of available ships and crews, which ultimately harms American businesses that rely on domestic shipping.

Conclusion

The Jones Act remains a contentious and controversial law, with both supporters and opponents fiercely advocated for their positions. The Act has had a significant impact on the U.S. maritime industry and has helped to shape the American economy for nearly a century. As discussions about the future of the Act continue, it is important to understand both the history and the text of the law, as well as the arguments for and against it.

TITLE 46, APPENDIX–SHIPPING
CHAPTER 24–MERCHANT MARINE ACT, 1920

Sec. 883. Transportation of merchandise between points in the United States in other than domestic built or rebuilt and documented vessels; incineration of hazardous waste at sea No merchandise, including merchandise owned by the United States Government, a State (as defined in section 2101 of the 1 title 46), or a subdivision of a State shall be transported by water, or by land and water, on penalty of forfeiture of the merchandise (or a monetary amount up to the value thereof as determined by the Secretary of the Treasury, or the actual cost of the transportation, whichever is greater, to be recovered from any consignor, seller, owner, importer, consignee, agent, or other person or persons so transporting or causing said merchandise to be transported), between points in the United States, including:

Districts, Territories, and possessions thereof embraced within the coastwise laws, either directly or via a foreign port, or for any part of the transportation, in any other vessel than a vessel built-in and documented under the laws of the United States and owned by persons who are citizens of the United States, or vessels to which the privilege of engaging in the coastwise trade is extended by section 808 of this

Appendix or section 22 2 of this Act:

Provided, That no vessel having at any time acquired the lawful right to engage in the coastwise trade, either by virtue of having been built in, or documented under the laws of the United States, and later sold foreign in whole or in part, or placed under foreign registry, shall hereafter acquire the right to engage in the coastwise trade: Provided further, That no vessel which has acquired the lawful right to engage in the coastwise trade, by the virtue of having been built in or documented under the laws of The United States, and which has later been rebuilt shall have the right thereafter to engage in the coastwise trade, unless the entire rebuilding, including the construction of any major components of the hull or superstructure of the vessel is effected within the United States, its territories (not including trust territories), or its possessions:

Provided further, That this section shall not apply to merchandise transported between points within the continental United States, including Alaska, over through routes heretofore or hereafter recognized by the Interstate Commerce Commission for which routes rate tariffs have been or shall hereafter be filed with said Commission when such routes are in part over Canadian rail lines and their own or other connecting water facilities:

Provided further, That this section shall not become effective upon the Yukon River until the Alaska Railroad shall be completed and the Secretary of Transportation shall find that proper facilities will be furnished for transportation by persons citizens of the United States for properly handling the traffic:

Provided further, That this section shall not apply to the transportation of merchandise loaded on railroad cars or to motor vehicles with or without trailers, and with their passengers or contents when accompanied by the operator thereof, when such railroad cars or motor vehicles are transported in any railroad car ferry operated between fixed termini on the Great Lakes as a part of a rail route, if such car ferry is owned by a common carrier by water and operated as part of a rail route with the approval of the Interstate Commerce Commission, and if the stock of such common carrier by water, or its predecessor was owned or controlled by a common carrier by rail prior to June 5, 1920, and if the stock of the common carrier owning such car ferry is, with the approval of the Interstate Commerce Commission, now owned or controlled by any common carrier by rail and if such car ferry is built-in and documented under the laws of the United States:

Provided further, That upon such terms and conditions as the Secretary of the Treasury by regulation may prescribe, and, if the transporting vessel is of foreign registry, upon a finding by the Secretary of the Treasury, pursuant to information obtained and furnished by the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States, this section shall not apply to the transportation by vessels of the United States not qualified to engage in the coastwise trade, or by vessels of foreign registry, of

(a) Empty cargo vans, empty lift vans, and empty shipping tanks

(b) Equipment for use with cargo vans, lift vans, or shipping tanks

(c) Empty barges specifically designed for carriage aboard a vessel and equipment, excluding propulsion equipment, for use with such barges

(d) Any empty instrument for international traffic exempted from application of the customs laws by the Secretary of the Treasury pursuant to the provisions of section 1322

(a) Of title 19, if the articles described in clauses (a) through (d) are owned or leased by the owner or operator of the transporting vessel and are transported for his use in handling his cargo in foreign trade; and (e) stevedoring equipment and material, if such equipment and material is owned or leased by the owner or operator of the transporting vessel, or is owned or leased by the stevedoring company contracting for the lading or unlading of that vessel, and is transported without charge for use in the handling of cargo in foreign trade:

Provided further, That upon such terms and conditions as the Secretary of the Treasury by regulation may prescribe, and, if the transporting the vessel is of foreign registry, upon his finding, pursuant to information furnished by the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States, the Secretary of the Treasury may suspend the application of this section to the transportation of merchandise between points in the United States  (excluding transportation between the continental United States and noncontiguous states, districts, territories, and possessions embraced within the coastwise laws) which, while moving in the foreign trade of the United States is transferred from a non-self-propelled bargen certified by the owner or operator to be specifically designed for carriage aboard a vessel and regularly carried aboard a vessel in foreign trade to another such barge owned or leased by the same owner or operator, without regard to whether any such barge is under foreign registry or qualified to engage in the coastwise trade:

Provided further, That until April 1, 1984, and notwithstanding any other provisions of this section, any vessel documented under the laws of the The United States and owned by persons who are citizens of the United States may, when operated upon a voyage in foreign trade, transport merchandise in cargo vans, lift vans, and shipping-tanks between points embraced within the coastwise laws for transfer to or when transferred from another vessel or vessels, so documented and owned, of the same operator when the merchandise movement has either a foreign origin or a foreign destination;

But this proviso (1) shall apply only to vessels which that the same operator owned, chartered, or contracted for the construction of prior to November 16, 1979, and (2) shall not apply to movements between points in the contiguous United States and points in Hawaii, Alaska, the Commonwealth of Puerto Rico and United States territories and possessions. For the purposes of this section, after December 31, 1983, or after such time as an appropriate vessel has been constructed and documented as a vessel of the United States, the transportation of hazardous waste, as defined in section 6903(5) of title 42, from a point in the United States for the purpose of the incineration at sea of that waste shall be deemed to be transportation by water of merchandise between points in the United States:

Provided, however, That the provisions of this sentence shall not apply to this transportation when performed by a foreign-flag ocean incineration vessel, owned by or under construction on May 1, 1982, for a corporation wholly owned by a citizen of the United States; the term “citizen of the United States”, as used in this proviso, means a corporation as defined in section 802(a) and (b) of this Appendix. The incineration equipment on these vessels shall meet all current United States Coast Guard and Environmental Protection Agency standards.

These vessels shall, in addition to any other inspections by the flag state, be inspected by the United States Coast Guard, including drydock inspections and internal examinations of tanks and void spaces, as would be required of a vessel of the United States. The satisfactory inspection shall be certified in writing by the Secretary of Transportation. Such inspections may occur concurrently with any inspections required by the flag state or subsequent to but no more than one year after the initial issuance or the next scheduled issuance of the Safety of Life at Sea Safety Construction Certificate. In making such inspections, the Coast Guard shall refer to the conditions established by the initial flag state certification as the basis for evaluating the current condition of the hull and superstructure.

The Coast Guard shall allow the substitution of an equivalent fitting, material, appliance, apparatus, or equipment other than that required for vessels of the United States if the Coast Guard has been satisfied that fitting, material, appliance, apparatus, or equipment is at least as effective as that required for vessels of the United States 3 Provided further, That for the purposes of this section, supplies aboard The United States documented fish processing vessels, which are necessary and used for the processing or assembling of fishery products aboard such vessels, shall be considered ship’s equipment and not merchandise:

Provided further, That for purposes of this section, the term “merchandise” includes valueless material:

Provided further, That this section applies to the transportation of valueless material or any dredged material regardless of whether it has commercial value, from a point or place in the United States or a point or place on the high seas within the Exclusive Economic Zone as defined in the Presidential Proclamation of March 10, 1983, to another point or place in the United States or a point or place on the high seas within that Exclusive Economic Zone:

Provided further, That the transportation of any platform jacket in or on a launch barge between two points in the United States, at one of which there is an installation or other device within the meaning of section 1333(a) of title 43, shall not be deemed transportation subject to this section if the launch barge has a launch the capacity of 12,000 long tons or more, was built as of June 7, 1988, and is documented under the laws of the United States, and the platform the jacket cannot be transported on and launched from a launch barge of lesser launch capacity that is identified by the Secretary of Transportation and is available for transportation.

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1. So in original. The word “the” probably should not appear.
2. See References in Text note below.
3. So in original. Probably should be followed by a colon.

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(June 5, 1920, ch. 250, Sec. 27, 41 Stat. 999; Ex. Ord. No. 6166,

Sec. 12, eff. June 10, 1933; Apr. 11, 1935, ch. 58, 49 Stat. 154; July

2, 1935, ch. 355, 49 Stat. 442; June 29, 1936, ch. 858, title II,

Sec. 204, title IX, Sec. 904, 49 Stat. 1987, 2016; 1950 Reorg. Plan No.

21, Sec. 204, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1276; July 14,

1956, ch. 600, Sec. 1, 70 Stat. 544; July 7, 1958, Pub. L. 85-508,

Sec. 27(a), 72 Stat. 351; July 5, 1960, Pub. L. 86-583, Sec. 1, 74 Stat.

321; Sept. 21, 1965, Pub. L. 89-194, 79 Stat. 823; Aug. 11, 1968, Pub.

L. 90-474, 82 Stat. 700; Nov. 23, 1971, Pub. L. 92-163, Sec. 1, 85 Stat.

486; Oct. 3, 1978, Pub. L. 95-410, title II, Sec. 213, 92 Stat. 904;

Nov. 16, 1979, Pub. L. 96-112, Sec. 4, 93 Stat. 848; Aug. 6, 1981, Pub.

L. 97-31, Sec. 12(49), 95 Stat. 157; Dec. 29, 1982, Pub. L. 97-389,

title V, Secs. 502, 504, 96 Stat. 1954, 1956; Jan. 11, 1988, Pub. L.

100-239, Sec. 6(c)(1), 101 Stat. 1782; June 7, 1988, Pub. L. 101-329,

Sec. 1(a), 102 Stat. 588; Nov. 4, 1992, Pub. L. 102-587, title V,

Sec. 5501(b), 106 Stat. 5085.)

References in Text

Section 22 of this Act, referred to in text, is section 22 of the act June 5, 1920, which was classified to section 13 of former Title 46, Shipping, and was repealed by Pub. L. 100-710, title II, Sec. 202(4), Nov. 23, 1988, 102 Stat. 4753. The Presidential Proclamation of March 10, 1983, referred to in text, is Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out as a note under section 1453 of Title 16, Conservation.

Prior Provisions

Provisions similar to those in this section were contained in act Feb. 17, 1898, ch. 26, Sec. 1, 30 Stat. 248, which was classified to section 290 of this Appendix.

Amendments

1992–Pub. L. 102-587, in the first sentence, substituted “No merchandise, including merchandise owned by the United States Government, a State (as defined in section 2101 of the title 46), or a subdivision of a State,” for “No merchandise”. 1988–Pub. L. 100-329 inserted provision relating to alternate determination of penalty as based on the actual cost of the transportation, and provisos defining term “ merchandise” to include valueless material, making section applicable to valueless or dredged material, and relating to the transportation of any platform jacket in or on a launch barge. Pub. L. 100-239 struck out “of more than five hundred gross tons” after “no vessel” in the second proviso. 1982–Pub. L. 97-389, Sec. 502, the inserted provision relating to the transportation of hazardous waste, the proviso thereto for foreign-flag transport, and further provisions relating to standards for and the inspection of vessels engaged in such transport.

Pub. L. 97-389, Sec. 504, inserted proviso defining supplies aboard The United States fish processing vessels used for fishery products manufacture as ship’s equipment. 1981–Pub. L. 97-31 in the fourth proviso substituted “Secretary of Transportation” for “Secretary of Commerce”. For prior transfers of functions, see Transfer of Functions note below. 1979–Pub. L. 96-112 inserted proviso that, until April 1, 1984, and notwithstanding any other provisions of this section, any vessel documented under the laws of the United States and owned by citizens of the United States could, when operated upon a voyage in foreign trade, transport merchandise in cargo vans, lift vans, and shipping-tanks between points embraced within the coastwise laws for transfer to or when transferred from another vessel or vessels, so documented and owned, of the same operator when the merchandise movement had either a foreign origin or a foreign destination, but that the proviso would apply only to vessels which that same operator owned, chartered orcontracted for the construction of prior to Nov. 16, 1979, and would not apply to movements between points in the contiguous United States and points in Hawaii, Alaska, the Commonwealth of Puerto Rico, and the United States territories and possessions.

1978–Pub. L. 95-410, in the first sentence, substituted “forfeiture of merchandise” for “forfeiture thereof” and inserted parenthetical text for forfeiture of a monetary amount up to the value of the merchandise as determined by the Secretary of the Treasury to be recovered from any consignor, seller, owner, importer, consignee, agent, or other person or persons transporting or causing the merchandise to be transported. 1971–Pub. L. 92-163 inserted “and equipment, excluding propulsion equipment, for use with such barges” after “(c) empty barges specifically designed for carriage aboard a vessel” and inserted reciprocity proviso reciprocally permitting foreign-flag Specialty barges, specifically designed and regularly carried aboard a barge carrying ship in foreign trade to carry export or import cargo between United States points which have been transferred from one such barge to another.

1968–Pub. L. 90-474 in final proviso designated existing provisions relating to empty cargo vans, empty lift vans, and empty shipping tanks as cl. (a), added cls. (b) to (d), saved modifying provisions relating to empty cargo vans, empty lift vans, and empty shipping tanks so as to render them applicable to cls. (a) to (d), and added cl. (e). 1965–Pub. L. 89-194 inserted proviso that section should not apply to the transportation of empty cargo vans, lift vans, and shipping tanks by vessels of the United States not qualified to engage in the coastwise trade of by vessels of foreign registry so long as such vans or tanks are owned or leased by the owner or operator of the transporting vessels and are being transported for use in the carriage of goods in foreign trade.

1960–Pub. L. 86-583 prohibits the operation in the coastwise trade of a rebuilt vessel unless the entire rebuilding, including the construction of any major components of the hull and superstructure of the vessel is accomplished in the United States. 1958–Pub. L. 85-508 substituted “including Alaska” for “excluding Alaska”. 1956–Act July 14, 1956, inserted proviso to prohibit the operation in the coastwise trade of vessels of more than 500 gross tons which have been rebuilt outside the United States. 1935–Act July 2, 1935, amended section generally. Act Apr. 11, 1935, inserted the fifth proviso.

Effective Date of 1988 Amendment

Section 6(c)(2) of Pub. L. 100-239 provided that: “Paragraph (1) of this subsection [amending this section] does not apply to a vessel under contract to be purchased or rebuilt entered into before July 28, 1987, if that vessel is rebuilt before July 28, 1990.”

Effective Date of 1960 Amendment

Section 4 of Pub. L. 86-583 provided that: “This Act [amending this section and section 883a of this Appendix] shall be effective from the time of enactment [July 5, 1960] hereof: Provided, however, That no the vessel shall be deemed to have lost its coastwise privileges as a result of the amendments made by this Act if it is rebuilt within the United States, its Territories (not including trust territories), or its possessions under a contract executed before such date of enactment and if the work of rebuilding is commenced not later than twenty-four months after such date of enactment.”

Effective Date of 1956 Amendment

Section 4 of act July 14, 1956, provided that: “This Act [amending this section and enacting sections 883a and 883b of this Appendix] shall be effective from the date of enactment [July 14, 1956] hereof: Provided, however, That no vessel shall be deemed to have lost its coastwise privileges hereunder if it is rebuilt under a contract entered into before such date of enactment and if the work of rebuilding is commenced not later than six months after such date of enactment.”

Repeals

For the effect of subtitle IV (Sec. 10101 et seq.) of Title 49, Transportation, see note set out preceding section 801 of this Appendix.

Transfer of Functions

Functions conferred upon Secretary of Commerce by provisions of Reorg. Plan No. 21 of 1950 to remain vested in Secretary except to extent inconsistent with sections 101(b) and 104(b) of Reorg. Plan No. 7 of 1961. See section 202 of Reorg. Plan No. 7 of 1961, set out under section 1111 of this Appendix. “Secretary of Commerce” substituted in text for “United States Maritime Commission” on the authority of Reorg. Plan No. 21 of 1950, set out under section 1111 of this Appendix, section 306 of which abolished United States Maritime Commission and section 204 of which transferred to Secretary of Commerce such Commission’s functions not transferred to Federal Maritime Board.

Previously, “United States Maritime Commission” substituted for “Shipping Board”. For dissolution of Board and transfer of functions to United States Maritime Commission, see Ex. Ord. No. 6166 and act June 29, 1936. Ex. Ord. No. 6166 is set out as a note under section 901 of Title 5, Government Organization, and Employees. Executive and administrative functions of United States Maritime Commission transferred to Chairman thereof by Reorg. Plan No. 6 of 1949, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat. 1069, set out under section 1111 of this Appendix.

Non applicability of Pub. L. 100-329 to Certain Vessels Section 5501(c) of Pub. L. 102-587 provided that: “The Act of June 7, 1988 (Public Law 100-329; 102 Stat. 588) [amending this section and section 316 of this Appendix, and enacting provisions set out above and below], including the amendments made by that Act, does not apply to a vessel–

“(1) engaged in the transportation of valueless material or valueless dredged material; and

“(2) owned or chartered by a corporation that had on file with the Secretary of Transportation on August 1, 1989, the certificate specified in section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883-1).”

Launch Barge Inventory; Purpose; Development, Maintenance, and Updating; Contents; Publication of Initial and Current Inventory

Section 1(b) of Pub. L. 100-329 provided that:

“(1) For purposes of interpreting the proviso pertaining to transportation of any platform jacket by launch barge, as added by subsection (a) of this section to section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Secretary of Transportation shall develop, maintain, and periodically update an inventory of launch barges with less than a launch capacity of 12,000 long tons that are qualified to engage in the coastwise trade. Each launch barge listed on such the inventory shall be identified by its name, launch capacity, length, beam, depth, and other distinguishing characteristics. For each such launch barge, the name, and address of the person to whom inquiries may be made shall also be included in the inventory.

A launch barge not listed on such inventory shall be deemed not to be `a launch barge of lesser launch capacity identified by the Secretary of Transportation’ within the meaning of such proviso to section 27 of the Merchant Marine Act, 1920.

“(2) Not later than 15 days after the date of enactment of this Act [June 7, 1988], the Secretary of Transportation shall publish in the Federal Register an initial inventory of launch barges developed and maintained in accordance with paragraph (1) of this subsection.

“(3) Not later than 60 days after the date of enactment of this Act [June 7, 1988], and periodically thereafter, the Secretary shall publish in the Federal Register, a current inventory of launch barges developed, maintained, and updated in accordance with paragraph (1) of this subsection.”

Transportation of Municipal Sewage Sludge

Section 3 of Pub. L. 100-329 provided that: “Notwithstanding the provisions of section 1 of this Act [amending this section and enacting provisions set out as a note above], a vessel may transport municipal sewage sludge if that vessel, regardless of where it was built, is documented under the laws of the United States and, on the date of enactment of this Act [June 7, 1988], that vessel–

“(1) is in use by a municipality for the transportation of sewage sludge; or

“(2) is under contract with a municipality for the transportation of sewage sludge.”

Vessel Under Contract With Municipality for Transportation of Sewage Sludge: Applicability of Provisions

Section 4 of Pub. L. 100-329 provided that: “For purposes of the first paragraph of section 805(a) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1223(a)), a vessel described in section 3(2) of this Act [set out as a note above] is not a vessel engaged in domestic intercoastal or coastwise service, but the prohibitions in the second paragraph applies to that vessel.”

Certificate of Documentation to Vessel Transporting Valueless Material in Coastwise Trade, or Dredged Material, Whether or Not of Value; Issuance, Endorsement, Etc. Section 5 of Pub. L. 100-329 provided that: “Notwithstanding the provisions of section 1 of this Act [amending this section and enacting provisions set out as a note above], the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation under section 12106 of title 46, United States Code, to a vessel that–

“(1) is engaged in transporting only valueless material in the coastwise trade or transporting dredged material, whether or not of value, (A) from a point or place on the high seas within the Exclusive Economic Zone as defined in the Presidential Proclamation of March 10, 1983 [16 U.S.C. 1453 note], to a point or place in the The United States or to another point or place on the high seas within such Exclusive Economic Zone or (B) from a point or place within The United States to a point or place on the high seas within such Exclusive Economic Zone;

“(2) had a certificate of documentation issued under section 12105 of that title on October 1, 1987;

“(3) had been sold foreign or placed under a foreign registry before that certificate was issued; and

“(4) was built in the United States; except that such certificate of documentation shall be endorsed to restrict the use of such vessel to the transportation of valueless the material in the coastwise trade, and to the transportation of dredged material, whether or not of value, (i) from a point or place on the high seas within such Exclusive Economic Zone to a point or place in the The United States or to another point or place on the high seas within such Exclusive Economic Zone, or (ii) from a point or place within the United States to a point or place on the high seas within such Exclusive Economic Zone.”

Transportation of Merchandise or Passengers Within Alaska by Foreign Built Hovercraft Pub. L. 95-599, title I, Sec. 146, Nov. 6, 1978, 92 Stat. 2714, provided that:

“(a) Effective during the five-year period beginning on the date of enactment of this Act [Nov. 6, 1978], nothing in section 27 of the Merchant Marine Act, 1920 [this section], or any other provision of law restricting the coastwise trade to vessels of the United States shall prohibit the transportation within the State of Alaska of merchandise or passengers by foreign-built hovercraft.

“(b) For the purpose of this section the term `hovercraft’ means a a vehicle which travels over land or water in a cushion of air generated by such vehicle.” Report to Congress Regarding Effect of Reciprocity Provisions Section 2 of Pub. L. 92-163 authorized the Secretary of the Treasury, for a period of five years following Nov. 23, 1971, to make a report at the beginning of each regular session to the Congress regarding activities under Pub. L. 92-163, including but not limited to the extent to which foreign governments are extending reciprocal privileges to the vessels of the United States.

Regulations Section 3 of Pub. L. 86-583 provided that: “The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out the purposes of this Act [amending sections 883 and 883a of this Appendix].”

Admission of Alaska as State Effectiveness of amendment of this section by Pub. L. 85-508 was dependent upon the admission of Alaska into the Union under section 8(b) of Pub. L. 85-508. Admission was accomplished Jan. 3, 1959, on the issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508. See notes preceding section 21 of Title 48, Territories and Insular Possessions.

Jurisdiction Over Common Carriers Between Ports in Hawaii and Other Ports Pub. L. 86-3, Sec. 18(a), Mar. 18, 1959, 73 Stat. 12, as amended Pub. L. 86-624, Sec. 46, July 12, 1960, 74 Stat. 423, provided that: “Nothing contained in this Act shall be construed as depriving the Federal Maritime Board [now Secretary of Transportation] of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Hawaii and other ports in the United States, or possessions, or as conferring on the Interstate Commerce Commission jurisdiction over transportation by water between any such ports.”

[Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104-88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of Title 49, Transportation, and section 101 of Pub. L. 104-88, set out as a note under section 701 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104-88, set out as a note under section 701 of Title 49.]

Jurisdiction Over Common Carriers Between Ports in Alaska and Other Ports Section 27(b) of Pub. L. 85-508 provided that: “Nothing contained in this or any other Act shall be construed as depriving the Federal Maritime Board [now Secretary of Transportation] of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Alaska and other ports in the United States, its Territories or possessions, or as conferring upon the Interstate Commerce Commission jurisdiction over transportation by water between any such ports.”

[Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104-88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of Title 49, Transportation, and section 101 of Pub. L. 104-88, set out as a note under section 701 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104-88, set out as a note under section 701 of Title 49.]

Transportation of Lumber to Puerto Rico Pub. L. 87-877, Sec. 4, Oct. 24, 1962, 76 Stat. 1201, allowed for suspension of this section during a 1-year period beginning Oct. 24, 1962, with respect to the transportation of lumber to Puerto Rico from ports or terminal areas in the United States if Secretary of Commerce determined that no domestic vessel was reasonably available. Transportation of Coal Between Points in the United States in Canadian Vessels Act Aug. 7, 1956, ch. 1028, 70 Stat. 1090, permitted Canadian vessels to transport coal to Ogdensburg, N.Y, from other points in theUnited States, on the Great Lakes, or their connecting or tributary waters for a period ending June 30, 1957.

Transportation of Iron Ore in Vessels of Canadian Registry Act June 24, 1952, ch. 458, 66 Stat. 156, provided for the transportation of iron ore and terminated on Dec. 31, 1952. Similar provisions were contained in the following acts:

Mar. 29, 1951, ch. 25, 65 Stat. 28.

June 30, 1950, ch. 427, Sec. 5, 64 Stat. 309.

Mar. 28, 1949, ch. 36, 63 Stat. 16.

Mar. 24, 1948, ch. 144, 62 Stat. 84.

Jan. 27, 1942, ch. 21, 56 Stat. 19, as amended Aug. 1, 1942, ch.

544, 56 Stat. 735, and repealed July 25, 1947, ch. 327, Sec. 2b, 61

Stat. 451, eff. six months after July 25, 1947.

May 31, 1941, ch. 158, 55 Stat. 236.

Transportation of Grain Between United States Ports on Great Lakes by Vessels of Canadian Registry During 1951 Act Oct. 10, 1951, ch. 459, 65 Stat. 371, provided for the transportation of grain and terminated on Dec. 31, 1951. Transportation of Merchandise Between Hyder, Alaska, and United States Act July 30, 1947, ch. 387, 61 Stat. 632, as amended June 28, 1948, ch. 693, 62 Stat. 1067, provided for the transportation of merchandise between Hyder, Alaska, and United States and terminated on June 30, 1949.

Cross References Corporation meeting certain conditions deemed citizen for purposes of this section, see section 883-1 of this Appendix. Provisions restricting coastwise transportation to vessels of United States not applicable to American Samoa, see section 1664 of Title 48, Territories and Insular Possessions. Transportation of passengers and merchandise in Canadian vessels between points in Alaska and United States, see section 289b of this Appendix.

Transportation of passengers in foreign vessels, see section 289 of this Appendix and notes thereunder. Section Referred to in Other Sections This section is referred to in sections 292, 316, 446b, 883-1 of this Appendix; title 19 section 1554; title 46 sections 3704, 12101, 12106, 14305

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.

Townshend Act Text

Townshend Act Text

Introduction

The Townshend Act, passed by the British Parliament in 1767, was a series of taxes imposed on American colonists in an attempt to raise revenue for Britain. The act, named for Charles Townshend, the Chancellor of the Exchequer at the time, was met with widespread resistance and ultimately played a major role in the lead up to the American Revolution. In this article, we will delve into the text of the Townshend Act, exploring its provisions and the reaction it elicited from the colonists.

Background

The Townshend Act was a response to the failure of the Stamp Act, which had attempted to raise revenue by placing a tax on printed materials in the colonies. The colonists had vehemently opposed the Stamp Act, and it was eventually repealed in 1766. In the wake of this failure, Charles Townshend proposed a new series of taxes, which he believed would be more palatable to the colonists.
The text of the Townshend Act included a number of provisions that were aimed at raising revenue from the colonies. These included duties on glass, lead, paint, paper, and tea, as well as the establishment of a Board of Customs Commissioners to enforce the new taxes. The act also suspended the New York Assembly, which had refused to comply with the Quartering Act, a law that required the colonies to provide housing and supplies to British troops.

Provisions of the Townshend Act

The Townshend Act was made up of several provisions, including the following:
1. Duties on Certain Goods: The act imposed duties on a number of goods that were commonly imported into the colonies, including glass, lead, paint, paper, and tea. These duties were collected by customs officials and were intended to raise revenue for the British government.
2. Establishment of a Board of Customs Commissioners: The Townshend Act also established a Board of Customs Commissioners, which was tasked with enforcing the new taxes and cracking down on smuggling. The board was made up of four commissioners, each of whom was appointed by the British government.
3. Suspension of the New York Assembly: The act also suspended the New York Assembly, which had refused to comply with the Quartering Act. This law required the colonies to provide housing and supplies to British troops, and New York had refused to do so.

Reaction to the Townshend Act

The Townshend Act was met with widespread resistance from the American colonists, who saw it as yet another attempt by the British government to exert control over their lives. Many colonists protested the new taxes, organizing boycotts of British goods and engaging in acts of civil disobedience.
One of the most significant protests against the Townshend Act was the Boston Massacre of 1770, in which British soldiers fired on a group of protesting colonists, killing five people. The massacre galvanized the colonists and further increased tensions between Britain and the American colonies.
In response to the colonists’ protests, the British government decided to repeal the Townshend Act in 1770, although they continued to exert control over the colonies in other ways. Ultimately, the tensions between Britain and the colonies would escalate into the American Revolution, with the colonists declaring their independence from Britain in 1776.

Conclusion

The Townshend Act was a pivotal moment in the history of the American colonies, marking a turning point in the relationship between Britain and the colonies. The act, which imposed taxes on a number of goods and established a board of customs commissioners, was met with widespread resistance from the colonists, who saw it as another attempt by Britain to exert control over their lives. Although the act was eventually repealed, the tensions it created would ultimately lead to the American Revolution and the birth of a new nation.

The Townshend Revenue Act

June 29, 1767

AN ACT for granting certain duties in the British colonies and plantations in America; for allowing a drawback of the duties of customs upon the exportation from this kingdom, of coffee and cocoanuts of the produce of the said colonies or plantations; for discontinuing the drawbacks payable on china earthenware exported to America; and for more effectually preventing the clandestine running of goods in the said colonies and plantations.

WHEREAS it is expedient that revenue should be raised, in your Majesty’s dominions in America, for making a more certain and adequate provision for defraying the charge of the administration of justice, and the support of the civil government, in such provinces as it shall be found necessary; and towards further defraying the expenses of defending, protecting and securing the said dominions;…

be it enacted… That from and after the twentieth day of November, one thousand seven hundred and sixty-seven, there shall be raised, levied, collected, and paid, unto his Majesty, his heirs, and successors, for upon and the respective Goods hereinafter mentioned, which shall be imported from Great Britain into any colony or plantation in America which now is or hereafter maybe, under the dominion of his Majesty, his heirs, or successors, the several Rates and Duties following; that is to say,

For every hundredweight avoirdupois of the crown, plate, flint, and white glass, four shillings, and eightpence.

For every hundred weight avoirdupois of red lead, two shillings.

For every hundred weight avoirdupois of green glass, one shilling and two pence.

For every hundred weight avoirdupois of white lead, two shillings.

For every hundred weight avoirdupois of painters colors, two shillings.

For every pound weight avoirdupois of tea, threepence.

For every ream of paper, usually called or known by the name of Atlas fine, twelve shillings. …

IV. …and that all the monies that shall arise by the said duties (except the necessary charges of raising, collecting, levying, recovering, answering, paying, and accounting for the same) shall be applied, in the first place, in such manner as is hereinafter mentioned, in making a more certain and adequate provision for the charge of the administration of justice, and the support of the civil government in such of the said colonies and plantations where it shall be found necessary; and that the residue of such duties shall be paid into the receipt of his Majesty’s exchequer, and shall be entered separately and apart from all other monies paid or payable to his Majesty . . .; and shall be there reserved, be from time to time disposed of by parliament towards defraying the necessary expense of defending, protecting, and securing, the British colonies and plantations in America.

V. And be it further enacted . . ., That his Majesty and his successors shall be, and are hereby, empowered, from time to time, by any warrant or warrants under his or their royal sign manual or sign manuals, countersigned by the high treasurer, or any three or more of the commissioners of the treasury, for the time being, to cause such monies to be applied, out of the produce of the duties granted by this act, as his Majesty, or his successors, shall think proper or necessary, for defraying the charges of the administration of justice, and the support of the civil government, within all or any of the said colonies or plantations. . .

X. And whereas by an act of parliament made in the fourteenth year of the reign of King Charles the Second, intituled, An act for preventing frauds, and regulating abuses, in his Majesty’s customs, and several other acts now in force, it is lawful for any officer of his Majesty’s customs, authorized by writ of assistance under the seal of his Majesty’s court of exchequer, to take a constable, headborough, or other public officer inhabiting near unto the place, and in the daytime to enter and go into any house, shop cellar, warehouse, or room or other place and, in case of resistance, to break open doors, chests, trunks, and other pakage there, to seize, and from thence to bring, any kind of goods or merchandise whatsoever prohibited or uncustomed, and to put and secure the same in his Majesty’s storehouse next to the place where such seizure shall be made;

And whereas by an act made in the seventh and eighth years of the reign of King William the Third, intituled An act for preventing frauds, and regulating abuses, in the plantation trade, it is, amongst otherthings, enacted, that the officers for collecting and managing his Majesty’s revenue, and inspecting the plantation trade, in America, shall have the same powers and authorities to enter houses or warehouses, to search or seize goods prohibited to be imported or exported into or out of any of the said plantations, or for which any duties are payable, or ought to have been paid;

And that the like assistance shall be given to the said officers in the execution of their office, as, by the said recited act of the fourteenth year of King Charles the Second, is provided for the officers of England: but, no authority being expressly given by the said act, made in the seventh and eighth years of the reign of King William the Third, to any particular court to grant such writs of assistance for the officers of the customs in the said plantations, it is doubted whether such officers can legally enter houses and other places on land, to search for and seize goods, in the manner directed by the said recited acts:

To obviate which doubts for the future, and in order to carry the intention of the said recited acts into effectual execution, be it enacted . . ., That from and after the said twentieth day of November, one thousand seven hundred and sixty seven, such writs of assistance, to authorize and impower the officers of his Majesty’s customs to enter and go into any house, warehouse, shop, cellar, or other place, in the British colonies or plantations in America, to search for and seize prohibited and uncustomed goods, in the manner directed by the said recited acts, shall and may be granted by the said superior or supreme court of justice having jurisdiction within such colony or plantation respectively. . . .

Animal Welfare Act

Animal Welfare Act

The Animal Welfare Act is a federal law in the United States that governs the treatment of animals used in research, exhibition, transportation, and by dealers. The act was signed into law by President Lyndon B. Johnson in 1966 and has undergone several amendments since then. The act is designed to promote the humane treatment of animals and to ensure that their basic needs are met.

History of the Animal Welfare Act

Before the Animal Welfare Act was passed, there were few regulations governing the treatment of animals used in laboratories and other facilities. Animal welfare activists had been advocating for more humane treatment of animals for many years, but it was not until the 1960s that their efforts began to gain attention.

The Humane Society of the United States led the movement for animal welfare legislation, and in 1966, the Animal Welfare Act was passed. The act was the first federal law in the United States that regulated the treatment of animals used in research and exhibition.

Provisions of the Animal Welfare Act

The Animal Welfare Act contains several key provisions that regulate the treatment of animals. These provisions include requirements for the housing, feeding, handling, and veterinary care of animals used in research, exhibition, transportation, and by dealers.

The act requires that all facilities that use animals for research or exhibition obtain a license from the United States Department of Agriculture (USDA) and comply with specific regulations. The USDA is responsible for enforcing the Animal Welfare Act and ensuring that all facilities are in compliance with its provisions.

The act also includes provisions related to the transportation of animals. Animals must be transported in a way that ensures their safety and comfort, and they must be provided with adequate food and water during transport. Additionally, the act prohibits the use of certain types of equipment, such as snares and steel-jawed traps, to capture and transport animals.

Amendments to the Animal Welfare Act

Since its passage in 1966, the Animal Welfare Act has undergone several amendments. These amendments have expanded the scope of the act to include additional species and types of facilities.

In 1970, the act was amended to add dogs and cats to the list of animals protected by the act. This amendment also established new welfare standards for animals used in research and prohibited the sale of wild animals as pets.

In 1985, the act was amended again to regulate the use of animals in exhibition. This amendment required that all animal exhibitors obtain a license from the USDA and comply with specific regulations governing the housing, feeding, handling, and veterinary care of animals.

In 2002, the act was expanded to include specific provisions related to the care and handling of farm animals. These provisions required that farmers provide their animals with adequate food, water, and shelter and that they take steps to prevent the spread of disease.

Criticism of the Animal Welfare Act

Despite its many provisions, the Animal Welfare Act has been criticized by some animal welfare activists for not going far enough to protect animals. Some activists argue that the act does not provide adequate protection for animals used in research, particularly those used in medical and cosmetic testing.

Additionally, some critics argue that the USDA does not enforce the Animal Welfare Act vigorously enough. They point to instances of abuse and neglect in facilities that are licensed by the USDA and argue that the agency is not doing enough to ensure that all facilities are in compliance with the act.

Conclusion

The Animal Welfare Act is a federal law in the United States that governs the treatment of animals used in research, exhibition, transportation, and by dealers. The act was designed to promote the humane treatment of animals and to ensure that their basic needs are met. Since its passage in 1966, the act has undergone several amendments that have expanded its scope and provided additional protections for animals. However, the act has also been criticized by some animal welfare activists for not providing adequate protection for animals used in research and being inadequately enforced.


ANIMAL WELFARE ACT TEXT

The Animal Welfare Act of 1996, also called the Laboratory Animal Welfare Act, was an act signed into law on August 24, 1966, by former President Lyndon B. Johnson. The original intent of the Animal Welfare Act was to regulate the use and care of animals in a laboratory setting on a federal level. However, the Animal Welfare Act is the only federal act in the United States that standardizes the handling and treatment of animals in the exhibition, transport, dealing, and research. Other policies, guidelines, and laws can also include supplementary species inclusion or provisions for proper animal use and care, but all of these ultimately refer to the Animal Welfare Act as the minimal adequate standard for the treatment and care of animals.

The Animal Welfare Act has authority over animals in laboratories, animal exhibitors, dealers who sell animals to research laboratories, dog and cat breeders, animal carriers, intermediate handlers, circuses, zoos, puppy roadside menageries, mills, and transporters of animals. However, there are many different exemptions to the Animal Welfare Act, including the care and treatment of animals in state and county fairs, retail pet stores, rodeos, livestock shows, purebred cat and dog shows, and fairs or exhibitions that are intending to advance agricultural sciences and arts.

As enacted in 1966, the Animal Welfare Act requires all animal dealers to be officially licensed and registered as well as liable to any monitoring done by Federal regulators. These parties can receive a suspension of their license if they violate any of the provisions found in the Animal Welfare Act and can also be imprisonment for a maximum of one year along with a fine of $1,000. Facilities that are covered by the Animal Welfare Act are required to set up a specialized committee that has at least one individual who is trained as a veterinarian along with one who is not affiliated with the given facility. These individuals are responsible for regularly assessing animal treatment, practices, and care during ongoing research and are also required to carefully examine the animal study areas at a minimum of twice a year. These committees are also required to guarantee that substitutes for animal use in research are employed whenever possible.

While hygienic living conditions are necessary for animals who are not participating in experimentation in order to prevent unintentional infection, there are such provisions for such against intentionally infecting an animal subject with a disease for the point of the research experiment.

History of the Animal Welfare Act

The historical climate of the Animal Welfare Act looked at animal welfare as the major priority. The Animal Welfare Act of 1966 was not the first or only law that was enacted for animals during this time. There was also the Horse Protection Act which was passed in 1970 in order to protect horses against the physical practice of creating a physical appearance of the horse which was aesthetically appealing to human beings, such as soring the ankles for high-stepping gait).

Another act that had been passed was the Marine Mammal Protection act of 1970 which protected marine animals including seals, polar bears, whales, and porpoises, from extinction or depletion through indiscriminate harassment, hunting, killing, or capture. However, this rule permitted takings that were for research and subsistence purposes as long as they were done humanely and with the least amount of suffering and pain possible to the animal.

A third act that was passed for the sake of animal welfare was the Endangered Species Act of 1973, which made it illegal to sell, buy, or transport species that were considered to be extinction through either foreign or interstate commerce. Meanwhile, the act closely regulated commerce involving any species that were being threatened with extinction.

These various acts regarding animal safety and welfare showed the atmosphere and type of concern that allowed for the Animal Welfare to pass in the 1960s. The United States Congress had previously acted on many different occasions over the century to try to protect animals, both as a species and as individuals. The extent of commitment to animal protection through enforcement and regulation increased significantly during this time and revealed Congress’ rising tendency in the direction of stricter controls around the 1970s.

The foundation for the Animal Welfare Act is very clear when looking at the events that occurred shortly before the Animal Welfare Act was enacted. Because of increasing evidence showing that cats and dogs kept as pets were being stolen and taken across states lines by dealers and later and resold for scientific experimentation to research institutions, Congress readily enacted in 1966 the Laboratory Animal Welfare Act. A variety of sportsmen supported the Animal Welfare Act because often the hunter’s dogs that went missing.

The point of the act was to discourage such abuses by demanding research facilities and dealers that cared for, treated, transported, or handled certain animals to follow set standards issued and developed by the United States Department of Agriculture. The act was meant to protect dog and cat owners from having their pets taken or stolen for the sake of experimentation and to set up other humane standards for the care and treatment of specific animals by medical research facilities and animal sellers.

What is the Animal Welfare Act?

The Animal Welfare Act was signed into law by President Lyndon Johnson in 1966 and is the only federal law that regulates the treatment of animals in commercial and scientific endeavors. There are many other laws delegated by states and local authorities that provide more protection, however, the Animal Welfare Act provides the minimum coverage allowed.

The Animal Welfare Act requires that minimum standards of care and treatment be provided for certain animals bred for commercial sale and research. It also applies to animals that are transported commercially or exhibited to the public. Individuals who operate facilities in these categories must provide their animals with adequate care and treatment in the areas of housing, handling, sanitation, nutrition, water, veterinary care, and protection from extreme weather and temperatures.

What are the requirements of the Animal Welfare Act?

The Animal Welfare Act only provides minimum protection to animals used in certain practices. These include:

•Animal dealers must be a license to sell animals to research institutions, research facilities and must be registered before they can purchase animals for research.

•Research facilities must keep records regarding the purchase, sale, transportation, identification, and disposition of cats and dogs.

•Follow certain record-keeping standards affecting the purchase, sale, handling, care, and use of laboratory animals which include minimum requirements for housing, feeding, watering, sanitation, ventilation, separation of species veterinary care, and use of the use of anesthetics.

•Cage sizes and space required.

•Reports to the USDA must be made on an annual basis concluding that the animals are being treated with appropriate care, the number of animals used each year, and the level of pain and stress experienced by the animals.

•USDA veterinarians must inspect each registered research facility, at a minimum of, once a year, and have access to all animal facilities.

•Inspectors from the USDA may take photographs.

•Regulations on the disposal of animals

•Inspection of research facilities by law enforcement.

•Violations of any provisions of the Act or any of the rules, regulations, or standards by USDA under the Act are subject to civil fines for each offense, and each day such violations continue.

In addition, regulated businesses are required to keep accurate records of acquisition and disposition and a description of the animals that come into their possession. This is to prevent the practice of using lost or stolen pets in research or commercial practices. Animal dealers must hold the animals that they acquire for a period of 5 to 10 days to verify their origin and allow pet owners an opportunity to locate a missing pet.

What animal species are protected by the Animal Welfare Act?

The AWA defines “animal” as any live or dead dog, cat, nonhuman primate, guinea pig, hamster, rabbit, or any warm-blooded animal used for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. The Animal Welfare Act also includes animals exhibited in zoos, circuses, and marine mammal facilities, as well as pets transported on commercial airlines. The act also prohibits staged dogfights, bear and raccoon baiting, and other similar endeavors.

By definition, coldblooded species are exempt from coverage under the Animal Welfare Act. The Animal Welfare Act also excludes birds, rats, mice, insects, and fish bred for use in research; and horses not used for research purposes

Farm animals are also excluded, including livestock and poultry, used or intended for use as food or fiber or in agricultural research are also excluded from protection under the Animal Welfare Act.

What are the specific animal protections afforded by the Animal Welfare Act?

The Animal Welfare Act does not specifically mention any detailed protections for the animals. The Act gives authority to the Animal and Plant Health Inspection Service; an agency under the United States Department of Agriculture.

APHIS provides detailed instructions on a number of issues involving the maintenance of animals in use for research, teaching, testing, experimentation, or exhibition purposes, or as pets. These are outlined on the APHIS’s website at

https://www.aphis.usda.gov/animal_welfare/awa_info.shtml.

The APHIS provisions include regulations on housing, exercise, accumulation, and disposal of waste products, heating, cooling, lighting, feeding, and watering. There are also regulations in place that determine the minimum amount of space that is permitted for each species of animal. Some of these provisions include:

•For indoor housing of animals, regulations specify minimum and maximum temperatures, lighting, and ventilation;

•Animals kept outdoors must be sheltered from the elements;

•Animals must be offered food and clean water regularly;

•For facilities with marine mammals, the water must be tested weekly, animals must be kept with a compatible animal of the same or similar species, minimum tank size is required depending on the size and types of animals housed, and participants in “swim with the dolphins” programs must agree in writing to the rules of the program;

•Circuses must not use deprivation of food and water or any kind of physical abuse for training purposes, and animals must be given a rest period between performances; and

•Research facilities are required to establish Institutional Animal Care and Use Committees (IACUC) that must inspect the animal facilities, investigate reports of AWA violations, and review research proposals to “minimize discomfort, distress, and pain to the animals.

Prohibition on Animal Fighting

On May 3, 2007, the Animal Welfare Act was amended to make it a violation of the Act to engage in animal fighting and acts that would promote animal fighting. The Animal Welfare Act amendment makes it a felony punishable by up to three years in prison to engage in such activities. The law also makes it a felony to trade, in interstate and foreign commerce, knives, gaffs, or other sharp objects designed for use in animal fighting, or to use the Postal Service or other “interstate instrumentality to trade in such devices, or to promote an animal fighting venture.”

Enforcement

One of the problems associated with APHIS and the Animal Welfare Act is the limitation of enforceability of the provisions of the act. Under current legislation, upon the finding of a violation APHIS may suspend the license of an individual or organization for up to 21 days. From that point, the individual or organization must correct their procedures. Failure to comply with demands made by APHIS can lead to fines, confiscation of the animals, license/registration revocation, and/or cease and desist orders.

Due to complaints concerning APHIS’s lace of enforcement of the Animal Welfare Act amendments to APHIS’s procedures have been put into place to better streamline inspections and ensure enforcement of regulations. There have also been complaints about APHIS’s lack of authority to fully enforce the regulations of the Animal Welfare Act. Those complaints are currently being addressed in the proposed new legislation.

Dawes Act Text

Dawes Act Text

Introduction

The Dawes Act, also known as the General Allotment Act, was passed by the US Congress in 1887. The legislation was designed to facilitate the assimilation of Native Americans into the mainstream American culture and economy. The Act sought to abolish the traditional communal ownership of land by Native American tribes, and to distribute land to individual Native American families. In this article, we will explore the Dawes Act in detail, its history, and its implications for Native American communities.

Origin of the Dawes Act

The Dawes Act was part of a broader policy of Native American assimilation that had been in development since the mid-19th century. The US government had increasingly come to see Native Americans as an impediment to westward expansion and economic development. In the view of many policy makers, the traditional communal ownership of land by Native American tribes was seen as a barrier to economic progress.
The Dawes Act was named after its primary architect, Senator Henry L. Dawes of Massachusetts, who believed that the Act would promote “civilization” among Native Americans by turning them into farmers and landowners. Dawes argued that communal ownership of land was a “socialistic” practice that deterred individual initiative and hard work.

The Provisions of the Dawes Act

The Dawes Act aimed to break up tribal land holdings by allowing individual Native Americans to own and operate small parcels of land. The Act provided for the survey and division of tribal lands into individual allotments, with each Native American family receiving a plot of land.
The Act also provided for the establishment of a land trust system, which allowed the government to hold land on behalf of Native Americans who were deemed “incompetent” or “intemperate” and unable to manage their own land. The land held in trust could be leased to non-Native Americans for grazing or other purposes, with the proceeds used to fund tribal education and other services.

Impact of the Dawes Act

The Dawes Act had significant and far-reaching implications for Native American communities. The Act was designed to facilitate the assimilation of Native Americans into the mainstream American culture and economy by making them farmers and landowners. However, the Act had several unintended consequences.
1. Land Loss:
The Act resulted in massive land loss for Native American tribes. Tribes were forced to cede millions of acres of land, which were then sold to non-Native Americans. Between 1887 and 1934, the amount of Native American land in the United States declined from around 138 million acres to just 48 million acres.
2. Cultural Destruction:
The Act had a devastating impact on Native American culture and traditions, by forcing Native Americans to abandon their traditional communal lifestyle and adopt a Western lifestyle. The Act’s emphasis on individualism and private property ownership undermined the traditional Native American values of community, sharing, and respect for the land.
3. Economic Instability:
The Act’s emphasis on individual land ownership and farming was ill-suited to the traditional Native American economy, which was based on hunting, fishing, and gathering. Many Native American families struggled to make a living as farmers and landowners, and many were eventually forced to sell their allotments to non-Native Americans.
4. Social Disruption:
The Act created significant social disruption within Native American communities, by pitting individual families against each other. The allocation of land often resulted in disputes and conflicts within tribes over property boundaries, leading to division and instability.

Resistance to the Dawes Act

The Dawes Act was deeply unpopular among Native American communities, who saw it as a threat to their culture, way of life, and sovereignty. Many Native American leaders, such as Sitting Bull and Chief Joseph, actively opposed the Act and refused to participate in the land distribution process.
Writing in 1885, the Oglala Lakota spiritual leader Black Elk criticized the Act as a “great mistake”, arguing that it would “deprive our people of their land and character.” In his 1934 book, “The Indian Reorganization Act: Congresses & Bills,” political scientist Francis Paul Prucha wrote that the Dawes Act was “one of the most unpopular and disastrous pieces of legislation ever enacted by Congress.”

Conclusion

The Dawes Act was a controversial and divisive piece of legislation that had significant implications for Native American communities. The Act sought to assimilate Native Americans into the mainstream American culture and economy by breaking up tribal land holdings and distributing land to individual Native American families. However, the Act had several unintended consequences, including massive land loss, cultural destruction, economic instability, and social disruption. The Act was deeply unpopular among Native American communities, who saw it as a threat to their culture, way of life, and sovereignty. Today, the legacy of the Dawes Act continues to shape the relationship between the US government and Native American tribes.

The Full Text of the Dawes Act

An Act to Provide for the Allotment of Lands in Severalty to Indians on the Various Reservations, and to Extend the Protection of the Laws of the United States and the Territories over the Indians, and for Other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where any tribe or band of Indians has been, or shall hereafter be, located upon any reservation created for their use, either by treaty stipulation or by virtue of an act of Congress or executive order setting apart the same for their use, the President of the United States be, and he hereby is, authorized, whenever in his opinion any reservation or any part thereof of such Indians is advantageous for agricultural and grazing purposes, to cause said reservation, or any part thereof, to be surveyed, or resurveyed if necessary, and to allow the lands in said reservation in severalty to any Indian located thereon in quantities as follows:

To each head of a family, one-quarter of a section;

To every single person over eighteen years of age, one-eighth of a section;

To each orphan child under eighteen years of age, one-eighth of a section; and

To each other single person under eighteen years now living, or who may be born prior to the date of the order of the President directing an allotment of the lands embraced in any reservation, one-sixteenth of a section:

Provided, That in case there is no sufficient land in any of said reservations to allot lands to each individual of the classes above named in quantities as above provided, the lands embraced in such reservation or reservations shall be allotted to each individual of each of said classes pro rata in accordance with the provisions of this act: And provided further, That where the treaty or act of Congress setting apart such reservation provides the allotment of lands in severalty in quantities in excess of those herein provided, the President, in making allotments upon such reservation, shall allot the lands to each individual Indian belonging thereon in quantity as specified in such treaty or act: And provided further, That when the lands allotted are only valuable for grazing purposes, an additional allotment of such grazing lands, in quantities as above provided, shall be made to each individual.

SEC. 2. That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for their minor children, and the agents shall select for each orphan child, and in such manner as to embrace the improvements of the Indians making the selection, where the improvements of two or more Indians have been made on the same legal subdivision of land, unless they shall otherwise agree, a provisional line may be run dividing said lands between them, and the amount to which each is entitled shall be equalized in the assignment of the remainder of the land to which they are entitled under his act:

Provided, That if any one entitled to an allotment shall fail to make a selection within four years after the President shall direct that allotments may be made on a particular reservation, the Secretary of the Interior may direct the agent of such tribe or band, if such there be, and if there be no agent, then a special agent appointed for that purpose, to make a selection for such Indian, which selection shall be allotted as in cases where selections are made by the Indians, and patents shall issue in like manner.

SEC. 3. That the allotments provided for in this act shall be made by special agents appointed by the President for such purpose, and the agents in charge of the respective reservations on which the allotments are directed to be made, under such rules and regulations as the Secretary of the Interior may from time to time prescribe and shall be certified by such agents to the Commissioner of Indian Affairs, in duplicate, one copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office.

SEC. 4. That where any Indian not residing upon a reservation, or for whose tribe no reservation has been provided by treaty, the act of Congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land-office for the district in which the lands are located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations;

And when such settlement is made upon unsurveyed lands, the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions as herein provided. And the fees to which the officers of such local land-office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them, from any amounts of money in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

SEC. 5. That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located and that at the expiration of the said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or encumbrance whatsoever:

Provided, That the President of the United States may in any case in his discretion extend the period. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That the law of descent and partition in force in the State or Territory where such lands are situate shall apply thereto after patents therefor have been executed and delivered, except as herein otherwise provided; and the laws of the State of Kansas regulating the descent and partition of real estate shall, so far as practicable, apply to all lands in the Indian Territory which may be allotted in severalty under the provisions of this act:

And provided further, That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the best interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress, and the form and manner of executing such release prescribed by Congress:

Provided however, That all lands adapted to agriculture, with or without irrigation so sold or released to the United States by any Indian tribe shall be held by the United States for the sole purpose of securing homes to actual settlers and shall be disposed of by the United States to actual and bona fide settlers only tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants which Congress may make in aid of education:

And provided further, That no patents shall issue therefor except to the person so taking the same as and homestead, or his heirs, and after the expiration of five years occupancy thereof as such homestead; and any conveyance of said lands taken as a homestead, or any contract touching the same, or lieu thereon, created prior to the date of such patent, shall be null and void. And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall be held in the Treasury of the United States for the sole use of the tribe or tribes Indians; to whom such reservations belonged;

And the same, with interest thereon at three per cent per annum, shall be at all times subject to appropriation by Congress for the education and civilization of such tribe or tribes of Indians or the members thereof. The patents aforesaid shall be recorded in the General Land Office, and afterward delivered, free of charge, to the allottee entitled thereto. And if any religious society or other organization is now occupying any of the public lands to which this act is applicable, for religious or educational work among the Indians, the Secretary of the Interior is hereby authorized to confirm such occupation to such society or organization, in quantity not exceeding one hundred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just; but nothing herein contained shall change or alter any claim of such society for religious or educational purposes heretofore granted by law.

And hereafter in the employment of Indian police, or any other employees in the public service among any of the Indian tribes or bands affected by this act, and where Indians can perform the duties required, those Indians who have availed themselves of the provisions of this act and become citizens of the United States shall be preferred.

SEC. 6. That upon the completion of said allotments and the patenting of the lands to said allottees, each and every member of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner affecting the right of any such Indian to tribal or other property.

SEC. 7. That in cases where the use of water for irrigation is necessary to render the lands within any Indian reservation available for agricultural purposes, the Secretary of the Interior be, and he is hereby, authorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such reservation; and no other appropriation or grant of water by any riparian proprietor shall permitted to the damage of any other riparian proprietor.

SEC. 8. That the provisions of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by executive order.

SEC. 9. That for the purpose of making the surveys and resurveys mentioned in section two of this act, there be, and hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of one hundred thousand dollars, to be repaid proportionately out of the proceeds of the sales of such land as may be acquired from the Indians under the provisions of this act.

SEC. 10. That nothing in this act contained shall be so construed to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads or other highways, or telegraph lines, for the public use, or condemn such lands to public uses, upon making just compensation.

SEC. 11. That nothing in this act shall be so construed as to prevent the removal of the Southern Ute Indians from their present reservation in Southwestern Colorado to a new reservation by and with consent of a majority of the adult male members of said tribe.

Approved, February, 8, 1887.

Neutrality Acts

Neutrality Acts

The Evolution of American Foreign Policy: A Comprehensive Analysis of Neutrality Acts

Introduction

In the turbulent years leading up to World War II, the United States faced a daunting challenge: how to navigate the treacherous waters of international conflict without getting entangled in foreign wars. The answer to this conundrum lay in a series of legislative acts known as the “Neutrality Acts.” These laws, enacted in the 1930s, aimed to keep the United States out of foreign conflicts while safeguarding its interests and national security. This article provides an in-depth analysis of the Neutrality Acts, their historical context, impact, and the legacy they left in shaping American foreign policy.

I. The Prelude to the Neutrality Acts

The global stage in the 1930s was fraught with tension. The aftermath of World War I had left Europe in shambles, and fascist regimes in Germany and Italy were asserting their dominance. Meanwhile, Japan had embarked on an expansionist campaign in Asia, raising concerns about its ambitions. In this turbulent era, the United States faced a difficult choice: whether to involve itself in the escalating conflicts or maintain a policy of non-intervention.

A. Neutrality Legislation in World War I

Before delving into the Neutrality Acts of the 1930s, it’s essential to understand the context provided by the United States’ experience during World War I. During this conflict, the U.S. maintained a policy of neutrality until 1917 when it entered the war on the side of the Allies. The lessons learned from this experience would shape the subsequent neutrality legislation.

B. The 1930s: Rising Global Tensions

By the 1930s, international tensions were on the rise. Adolf Hitler’s Nazi regime in Germany was aggressively expanding its territory, flouting the Treaty of Versailles. In 1931, Japan invaded Manchuria, and Italy, under Benito Mussolini, invaded Ethiopia in 1935. These actions caused alarm in the United States and raised questions about the nation’s role in maintaining peace and stability.

II. The Neutrality Acts: A Series of Measures

In response to the escalating conflicts abroad, the U.S. Congress passed a series of Neutrality Acts during the 1930s. These acts were designed to prevent the United States from being drawn into foreign wars and were influenced by the memory of World War I.

A. The Neutrality Act of 1935

The first of the Neutrality Acts, passed in 1935, imposed an embargo on selling arms to belligerent nations. This was a direct response to the outbreak of the Italian-Ethiopian War. The act also included a provision known as the “cash-and-carry” policy, which allowed warring nations to purchase non-military goods from the United States as long as they paid in cash and transported the goods on their own ships.

B. The Neutrality Act of 1936

The Neutrality Act of 1936 expanded on the previous legislation. It extended the arms embargo to include civil wars, and it added the provision that American citizens traveling on belligerent ships did so at their own risk. This was a reaction to the Spanish Civil War and the increasing involvement of foreign powers.

C. The Neutrality Act of 1937

The Neutrality Act of 1937 further restricted American involvement in international conflicts. It mandated an embargo on all arms and munitions to belligerents, including non-intervention in the ongoing conflict between China and Japan. Additionally, it required warring nations to pay cash for any non-military goods they purchased from the United States.

D. The Neutrality Act of 1939

The Neutrality Act of 1939 marked a significant departure from the previous acts. It allowed the sale of arms to belligerent nations but only on a cash-and-carry basis. Furthermore, it permitted the President to declare “limited national emergencies” and provide aid to nations deemed vital to U.S. security, effectively giving the executive branch more flexibility in foreign policy.

III. The Impact of the Neutrality Acts

The Neutrality Acts had a profound impact on American foreign policy and international relations during the 1930s. Their effects can be examined from various angles.

A. Maintaining Neutrality

The primary objective of the Neutrality Acts was to keep the United States out of foreign conflicts. By imposing arms embargoes and restricting trade with belligerent nations, these laws aimed to ensure that the United States remained neutral in word and deed.

B. Economic Consequences

The cash-and-carry provision of the Neutrality Acts had significant economic implications. It allowed the United States to engage in trade with belligerent nations as long as they paid cash and transported the goods themselves. This not only protected American interests but also bolstered the U.S. economy during the Great Depression.

C. Controversial Aspects

While the Neutrality Acts were intended to keep the United States out of war, they were not without controversy. Critics argued that these laws undermined the ability of the United States to support democratic nations facing aggression. They believed that the embargo on arms sales to countries like Britain and France hindered their ability to resist Nazi expansion.

IV. The Road to Repeal

As global events continued to unfold, it became clear that the Neutrality Acts needed revision. The outbreak of World War II in Europe in 1939, followed by the fall of France in 1940, underscored the need for a more flexible approach to foreign policy.

A. The Repeal of the Arms Embargo

In November 1939, President Franklin D. Roosevelt requested that Congress repeal the arms embargo provisions of the Neutrality Act of 1939. Roosevelt argued that the United States needed to support countries like Britain and France, which were fighting against Nazi Germany. Congress agreed, and the arms embargo was lifted.

B. The Lend-Lease Act

In March 1941, the United States took another step towards direct involvement in the war with the passage of the Lend-Lease Act. This legislation allowed the U.S. to lend or lease military equipment to countries deemed vital to U.S. security. It marked a significant shift away from strict neutrality and towards active support of the Allied powers.

V. Legacy and Conclusion

The Neutrality Acts of the 1930s represented a complex chapter in American foreign policy. While they were initially designed to keep the United States out of foreign conflicts, they also reflected the nation’s struggle to balance isolationism with international responsibility.

In the end, the Neutrality Acts were a response to a unique historical context, and their legacy is one of evolving foreign policy. They demonstrated that in a rapidly changing world, rigid adherence to neutrality might not always be in the best interest of a nation. The repeal of these acts and the passage of the Lend-Lease Act marked a pivotal moment in American history, as the United States transitioned from a spectator to a participant in World War II.

The Neutrality Acts, with their cautious approach to international involvement, have left a lasting impression on American foreign policy. They serve as a reminder of the challenges faced by a nation when trying to navigate the complex waters of global conflict while preserving its own interests and values. As we continue to grapple with issues of international diplomacy and military intervention, the lessons of the Neutrality Acts remain

relevant, providing valuable insights into the delicate balance between non-intervention and global responsibility.


The Neutrality Acts: A Guide to Understanding U.S. Foreign Policy in the Early 20th Century

Introduction

The neutrality-acts were a series of laws passed by the U.S. Congress in the 1930s and early 1940s that aimed to keep the country out of foreign conflicts. These laws were based on the belief that the U.S. had been drawn into World War I against its will, and that steps needed to be taken to prevent a similar situation from happening again.

Section 1: The First Neutrality Act of 1935

The first of the neutrality-acts was the Neutrality Act of 1935, which was passed by Congress in response to the growing threat of war in Europe. This law prohibited the export of arms, ammunition, and other military supplies to belligerent nations, as well as the transportation of U.S. citizens on belligerent ships.

Section 2: The Second Neutrality Act of 1936

The Second Neutrality Act of 1936 was passed to strengthen and expand the provisions of the 1935 law. This law extended the arms embargo to include civil wars and allowed for the sale of non-military goods to belligerent nations on a “cash and carry” basis. This meant that any nation wanting to purchase American goods had to pay cash and transport them on their own ships.

Section 3: The Third Neutrality Act of 1937

The Third Neutrality Act of 1937 further expanded the provisions of the 1935 law. It prohibited U.S. citizens from traveling on belligerent ships, even on a “cash and carry” basis. It also imposed an embargo on all loans and credits to belligerent nations.

Section 4: The lend-lease act of 1941

In 1941, with the threat of war looming ever larger, Congress passed the Lend-Lease Act. This law allowed the President to lend or lease military equipment to any country he deemed essential to U.S. defense efforts. This act marks the end of the neutrality-acts and the shift towards U.S. involvement in World War II.

Section 5: The legacy of the neutrality-acts

The neutrality-acts were controversial at the time of their passing and remain a topic of debate today. Supporters argue that the laws helped keep the U.S. out of World War II until it was absolutely necessary to get involved, while critics argue that they were too isolationist and prevented the U.S. from taking a more active role in preventing the spread of fascism in Europe.

Conclusion:

The neutrality-acts were a series of laws that sought to keep the U.S. out of foreign conflicts in the early 20th century. While they were controversial at the time, they remain an important part of U.S. foreign policy history and continue to shape the way that policy makers approach issues of war and peace.


NEUTRALITY ACTS TEXT

What are the Neutrality Acts of the 1930s?

The Neutrality Acts of the 1930s were a series of laws passed by Congress to subside the growing turmoil in Asia and Europe—feuds that eventually led to World War II. The Neutrality Acts ultimately spawned out of America’s willingness to practice non-interventionism and isolationism. This passive view on foreign policy stemmed from the United States’ involvement in World War I—The Neutrality Acts were passed to ensure that the United States would not entangle itself in foreign conflicts.

The Neutrality Acts, as the name suggests, was a series of laws that affirmed the United States’ inclination to sit on the sidelines during times of war. Ultimately, the legacy of the Neutrality acts proved somewhat futile, because they failed to make a distinction between victims and aggressors during times of conflict. The United States, through the Neutrality Act, treated all countries engaged in violence as “belligerents” or aggressors and thus deemed all clashes as unworthy for intervention. The failure to elaborate on international conflicts and label opposing sides as either “friendly” or “aggressive” initially limited the United States’ ability to aid Great Britain and other European allies against Nazi Germany. The Neutrality Acts were repealed in 1941, in the face of Pearl Harbor and the German submarine attack on U.S. naval ships.

Background of the Neutrality Acts:

The Neutrality Acts of the 1930s were spurred from the United States’ entry into World War I—an entry that many Americans believed was orchestrated by American arms dealers and bankers for the purpose of increasing profits. This sentiment eventually gained enough momentum to influence America’s stance on isolationism.

Prominent members in the United States Congress pushed for strong Neutrality Acts, which were the basis for Republican foreign policy. That being said, the support of non-interventionism was not limited to the right.

Democratic President, Franklin Roosevelt and his Secretary of State, Cordell Hull, were skeptical of the Neutrality Acts because they feared the legislation would restrict the United States from supporting its allies in times of crisis.

Even with a largely democratic House and Senate, ample support was realized to pass the Neutrality Acts. In response to the passing, President Roosevelt declined to veto the Neutrality Act—he had no interest in angering the public in the light of the upcoming Presidential election of 1936. When signed into law, the Neutrality Acts were perpetually revised and agglomerated with provisions—in total, the Neutrality Act is a grouping of 4 separate Neutrality Acts. Below is a description of each Neutrality Act:

The Neutrality Act of 1935:

President Franklin Roosevelt’s State Department lobbied for a series of embargo provisions that would enable the President to impose sanctions on the Neutrality Acts. This request was rejected by Congress.

The Neutrality Acts of 1935 was officially signed into law in August of 1935 to impose a general embargo on arms trading and the delivery of war materials between all parties in a conflict or war. Furthermore, the Neutrality Acts of 1935 declared that citizens of the United States who were to travel on warning shops did so at their own risk—the government would not partake in any retribution for attacks or causalities on said vessels.

The Neutrality Acts of 1935 also declared a “moral embargo” on any belligerent nation (again this proved ambiguous) who actively covered trades under the provisions of the Neutrality Act.

The Neutrality Act of 1936:

Passed in February of 1936, The Neutrality Act of 1936 effectively renewed the provisions of the Neutrality Act of 1935 for a 14-month period. Additionally, the Neutrality Act of 1936 forbade any forms of financing, including all loans of forms of credit supplied to belligerent nations. The Neutrality Act of 1936; however, made no mention of civil conflicts, such as those in Spain during the late 1930s. In response, a number of American companies (such as Standard Oil, General Motors, Ford, and Texaco) used the loophole of the Neutrality Act of 1936 to sell various items to Don Francisco Franco (the Head of State of Spain) on credit. By the latter portion of 1939, Franco owed these American companies over 100 million dollars.

The Neutrality Act of 1937:

In January of 1937, the United States Congress passed a joint resolution that outlawed the sale of all arms with Spain. The Neutrality Act of 1937, which was passed in May, included several provisions of its predecessors, only without expiration dates attached. Furthermore, the Neutrality Act of 1937 included isolation practices for all international civil wars.

The Neutrality Act of 1937 also prohibited U.S. ships from transporting any passenger or military article to belligerent nations. U.S. citizens were forbidden from traveling, via waterways, to belligerent nations.

The Neutrality Act of 1937 included a “cash and carry” provision which was formally devised by Roosevelt’s top advisor, Bernard Baruch. The cash and carry provision stated that the President may authorize the sale of supplies and materials to belligerent nations in Europe, so long as the recipient arranged for the transport of said goods and provided payment immediately in cash. This provision was included in the Neutrality Act of 1937 because it was believed that due to the immediacy of liquid payment, the United States would not be drawn into the conflict. Roosevelt viewed the provision as a means to aid Great Britain and France in the event of a war with Nazi Germany. France and Britain were the benefactors of the provision because of their geographic location and naval powers—they were the only two nations that controlled the seas and were thus able to take advantage of such transactions.

The Neutrality act of 1937 was put to the test when Japan invaded China in July of 1937 (the start of the Sino-Japanese War). Roosevelt, who supported China, chose not to invoke the provisions of the Neutrality Acts since the parties never declared a formal war. By refraining, Roosevelt ensured that China’s efforts to defend itself would not be impeded by the Neutrality act. China relied on arms imports and only Japan could take advantage of the cash and carry provision. This maneuver outraged isolationists in the government who believed that the Neutrality Acts were being undermined. In turn, Roosevelt exclaimed that American ships were prohibited from transporting arms to belligerents, but British ships were able to transport American arms to China. This flow of arms marked the beginning of the “quarantine phase” where America shifted from neutrality towards a foreign policy that was set on eliminating all aggressors.

Neutrality Act of 1939:

At the beginning of 1939 (following the Nazi takeover of Czechoslovakia), Roosevelt lobbied Congress to renew the cash and carry provision. Roosevelt was ultimately rejected, as the provision lapsed and the mandatory arms embargo remained active.

After Germany had invaded Poland in September of the same year, France and Great Britain declared war on the Nazi regime. In response, Roosevelt invoked the provisions of the Neutrality Acts but stated that the acts may provide passive aid to aggressive nations. Roosevelt eventually prevailed over isolationism supporters and in November the Neutrality Act of 1939 was passed, which allowed arms trade with belligerent nations (only on a cash and carry basis) to be enacted. This ended the arms embargo and repealed the Neutrality Acts of 1935 and 1937.

American ships and citizens were outlawed from entering war zones (specifically designated by Roosevelt) and the National Munitions Control Board was responsible for issuing licenses for all arms transactions as specified under the Neutrality Act of 1939. Any arms transaction that was fortified without a license carried a penalty of up to two years in federal prison.

The End of the Neutrality Acts:

The passing of the Lend-Lease Act, in March of 1941, marked the dissolution of Neutrality police. America, through the Lend-Lease Act, was able to lend, sell, or give war supplies to allied nations.

Following German attacks on U.S. vessels, Roosevelt announced on September 11th of 1941, that he ordered the U.S. Navy to attack Italian and German war vessels overseas. The United States formally declared war on Japan following the attack on Pearl Harbor and later declared war on Italy and Germany 3 days later, on December 11 of 1941.

Sugar Act Text

Sugar Act Text

Introduction

The Sugar Act of 1764, also known as the American Revenue Act, was a pivotal moment in the run-up to the American Revolution. The act was passed by the British Parliament and levied new taxes on sugar, molasses, and other goods imported into the American colonies. In this article, we will explore the Sugar Act in detail, analyzing its key provisions and examining its impact on American history.

Background

The Sugar Act was passed by the British Parliament in April 1764, following a period of rising tensions between the American colonies and Great Britain. The act was part of a broader effort by the British government to raise revenue from the colonies and address concerns about smuggling and other illegal trade practices. The Sugar Act replaced the earlier Molasses Act of 1733, which had proven ineffective in regulating trade.

Provisions of the Act

The Sugar Act contained several key provisions that impacted the American colonies, including:
1. Tax on Sugar and Molasses: The Sugar Act placed a tax of three pence per gallon on molasses, as well as a tax on sugar and other goods imported into the colonies. The tax was intended to generate revenue for the British government and to discourage smuggling and illegal trade practices.
2. Enforcement Provisions: The Sugar Act contained strict enforcement provisions, including the creation of new customs posts and officials in the colonies, and harsh penalties for those caught violating the new tax laws. The act also allowed British officials to search ships and warehouses suspected of harboring contraband goods.
3. Legal Proceedings: The Sugar Act established new legal proceedings for cases involving customs violations and smuggling. The act allowed for cases to be heard in vice-admiralty courts, which were run by judges appointed by the British government and did not require juries, rather than colonial courts.

Reactions to the Act

The Sugar Act was met with widespread opposition and anger in the American colonies. Many colonists viewed the tax as a violation of their rights as British subjects and a clear example of taxation without representation. The strict enforcement provisions and use of vice-admiralty courts fueled concerns about British overreach and oppression.
Opponents of the act organized protests and boycotts of British goods, and some colonies even went so far as to pass resolutions declaring the act unconstitutional. The Virginia House of Burgesses passed a series of resolutions condemning the Sugar Act and calling for a “united, firm, and vigorous opposition” to the new tax.

Impact on American History

The Sugar Act was one of the key factors that contributed to the outbreak of the American Revolution. The act galvanized opposition to British rule in the colonies and fueled demands for greater autonomy and representation in government. The strict enforcement provisions and use of vice-admiralty courts also sparked concerns about the erosion of civil liberties and due process.
The Sugar Act also set the stage for further conflict between the colonies and Great Britain. In 1765, the Stamp Act was passed, which levied additional taxes on printed materials and generated even more opposition and protests from colonists. The growing tensions eventually led to armed conflict in 1775 and the eventual declaration of independence in 1776.

Conclusion

The Sugar Act of 1764 was a pivotal moment in American history, marking the beginning of a period of rising tensions and opposition to British rule in the colonies. The act was met with widespread opposition and protests, fueling calls for greater autonomy and representation in government. The strict enforcement provisions and use of vice-admiralty courts further fueled concerns about British overreach and oppression, setting the stage for even greater conflicts and eventual revolution.

SUGAR Act of 2011 (Introduced in Senate – IS)

S 25 IS

112th CONGRESS

1st Session

S. 25

To phase out the Federal sugar program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

January 25 (legislative day, January 5), 2011

Mrs. SHAHEEN (for herself, Mr. KIRK, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To phase out the Federal sugar program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Stop Unfair Giveaways and Restrictions Act of 2011′ or `SUGAR Act of 2011′.

SEC. 2. SUGAR PROGRAM.

(a) In General- Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is amended–

(1) in subsection (d), by striking paragraph (1) and inserting the following:

`(1) LOANS- The Secretary shall carry out this section through the use of recourse loans.’;

(2) by redesignating subsection (i) as subsection (j);

(3) by inserting after subsection (h) the following:

`(i) Phased Reduction of Loan Rate- For each of 2012, 2013, and 2014 crops of sugar beets and sugarcane, the Secretary shall lower the loan rate for each succeeding crop in a manner that progressively and uniformly lowers the loan rate for sugar beets and sugarcane to $0 for the 2015 crop.’; and

(4) in subsection (j) (as redesignated), by striking `2012′ and inserting `2014′.

(b) Prospective Repeal- Effective beginning with the 2015 crop of sugar beets and sugarcane, section 156 of the Federal Agriculture Improvement and Reform Act of 1996

(7 U.S.C. 7272) is repealed.

SEC. 3. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAMS.

(a) In General- Notwithstanding any other provision of law–

(1) a processor of any of the 2015 or subsequent crops of sugarcane or sugar beets shall not be eligible for a loan under any provision of law with respect to the crop; and

(2) the Secretary of Agriculture may not make price support available, whether in the form of a loan, payment, purchase, or other operation, for any of the 2015 and subsequent crops of sugar beets and sugarcane by using the funds of the Commodity Credit Corporation or other funds available to the Secretary.

(b) Termination of Marketing Quotas and Allotments-

(1) IN GENERAL- Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed.

(2) CONFORMING AMENDMENT- Section 344(f)(2) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is amended by striking `sugar cane for sugar, sugar beets for sugar,’.

(c) General Powers-

(1) SECTION 32 ACTIVITIES- Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), is amended in the second sentence of the first paragraph–

(A) in paragraph (1), by inserting `(other than sugar beets and sugarcane)’ after `commodities’; and

(B) in paragraph (3), by inserting `(other than sugar beets and sugarcane)’ after `commodity’.

(2) POWERS OF COMMODITY CREDIT CORPORATION- Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting `, sugar beets, and sugarcane’ after `tobacco’.

(3) PRICE SUPPORT FOR NONBASIC AGRICULTURAL COMMODITIES- Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking `milk, sugar beets, and sugarcane’ and inserting `, and milk’.

(4) COMMODITY CREDIT CORPORATION STORAGE PAYMENTS- Section 167 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7287) is repealed.

(5) SUSPENSION AND REPEAL OF PERMANENT PRICE SUPPORT AUTHORITY- Section 171(a)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is amended–

(A) by striking subparagraph (E); and

(B) by redesignating subparagraphs (F) through (I) as subparagraphs (E) through (H), respectively.

(6) STORAGE FACILITY LOANS- Section 1402(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is repealed.

(7) FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS- Effective beginning with the 2013 crop of sugar beets and sugarcane, section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed.

(d) Transition Provisions- This section and the amendments made by this section shall not affect the liability of any person under any provision of law as in effect before the application of this section and the amendments made by this section.

SEC. 4. TARIFF-RATE QUOTAS.

(a) Establishment- Except as provided in subsection (c) and notwithstanding any other provision of law, not later than October 1, 2011, the Secretary of Agriculture shall develop and implement a program to increase the tariff-rate quotas for raw cane sugar and refined sugars for a quota year in a manner that ensures–

(1) a robust and competitive sugar processing industry in the United States; and

(2) an adequate supply of sugar at reasonable prices in the United States.

(b) Factors- In determining the tariff-rate quotas necessary to satisfy the requirements of subsection (a), the Secretary shall consider the following:

(1) The quantity and quality of sugar that will be subject to human consumption in the United States during the quota year.

(2) The quantity and quality of sugar that will be available from domestic processing of sugarcane, sugar beets, and in-process beet sugar.

(3) The quantity of sugar that would provide for reasonable carryover stocks.

(4) The quantity of sugar that will be available from carryover stocks for human consumption in the United States during the quota year.

(5) Consistency with the obligations of the United States under international agreements.

(c) Exemption- Subsection (a) shall not include specialty sugar.

(d) Definitions- In this section, the terms `quota year’ and `human consumption’ have the meaning such terms had under section 359k of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) (as in effect on the day before the date of the enactment of this Act).

SEC. 5. APPLICATION.

Except as otherwise provided in this Act, this Act and the amendments made by this Act shall apply beginning with the 2012 crop of sugar beets and sugarcane.

What are the Parts of the Constitution?

What are the Parts of the Constitution?

Understanding the Parts of the Constitution

Introduction

The United States Constitution is a revered document that serves as the supreme law of the land. It is a concise but profound blueprint for the American government, outlining the structure, powers, and limitations of each branch. To grasp its significance fully, one must understand the different parts of the Constitution, each playing a critical role in ensuring a balanced and democratic government.

The Preamble

The Constitution begins with The Preamble, a brief but powerful introduction that outlines the document’s purpose. It states:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Preamble underscores the foundational principles of unity, justice, peace, defense, welfare, and liberty that guided the framers in creating the Constitution.

Article I: The Legislative Branch

Article I establishes the first branch of government, the Legislative Branch, which consists of the United States Congress. It is divided into two houses: the House of Representatives and the Senate. Article I grants Congress the authority to make laws, regulate commerce, and levy taxes, among other powers. It also outlines the qualifications and responsibilities of members of Congress.

Article II: The Executive Branch

Article II focuses on the Executive Branch, headed by the President of the United States. This section outlines the President’s powers and duties, including serving as Commander in Chief of the armed forces, negotiating treaties, and nominating federal judges. It also establishes the Electoral College for presidential elections.

Article III: The Judicial Branch

Article III establishes the Judicial Branch, responsible for interpreting and applying the law. It establishes the Supreme Court and grants Congress the authority to create lower federal courts. This section also outlines the types of cases that fall under the jurisdiction of the federal judiciary, such as cases involving federal law or disputes between states.

Article IV: The States

Article IV addresses the relationship between the states and the federal government. It ensures that each state respects the laws and judicial decisions of other states and establishes the process for admitting new states into the Union. Article IV also guarantees a republican form of government for each state and protects states from invasion or domestic violence.

Article V: Amendments

Article V outlines the process for amending the Constitution. It can be amended through two methods: by a two-thirds majority vote in both houses of Congress or by a convention called for by two-thirds of state legislatures. Amendments are crucial for adapting the Constitution to changing circumstances and societal needs.

Article VI: The Supremacy Clause

Article VI contains the Supremacy Clause, which declares that the Constitution, federal laws, and treaties are the supreme law of the land. It also requires all government officials, both federal and state, to take an oath to support the Constitution.

Article VII: Ratification

Article VII provides the process for ratifying the Constitution. It required the approval of nine out of thirteen states to go into effect. This article demonstrates the importance of state consent in forming the Union under the Constitution.

Conclusion

The United States Constitution is a brilliantly crafted document with distinct parts that work harmoniously to establish a framework for governance, protect individual rights, and promote the common good. Each section plays a unique role in maintaining the balance of power and ensuring the principles of democracy and liberty endure. Understanding the parts of the Constitution is essential for appreciating the nation’s enduring commitment to self-governance and the rule of law.


Preamble:

The Preamble to the Constitution is not vital from a purely legal perspective, as the Preamble does not have any legal value in and of itself. The Preamble is also a very short part of the Constitution, as it is actually a single sentence, and therefore, does not make up any significant part of the Constitution in terms of length. The importance of the Preamble lies not in these two senses, but instead lies in the precedent the Preamble establishes for the rest of the Constitution.

The Preamble was the Founding Fathers’ way of informing future generations of their motives and intent in writing the Constitution, as well as a way of establishing the most basic principles necessary for consideration of the Constitution. The opening words of the Preamble are “We the People of the United States”, which are perhaps the most well-known words in the Constitution. These words are critical to understanding that the Constitution was designed to establish a government empowered by the will of the people and for the good of the people.

The Preamble has often been used by Constitutional scholars in order to determine how other parts of the Constitution should be interpreted, as the Preamble does outline several basic purposes for the creation of the Constitution. Each of these basic purposes provides insight and understanding into the Constitution but does not actually provide any legal force. When used in court, the Preamble only ever provides an open guide for interpreting the Constitution and never provides any legal rules that must be followed. This has been proven in a number of cases in which a litigant attempted to argue for his position based on the words of the Preamble. Even though the Preamble does not have such legal power, it bears great significance for the Constitution as a whole and for any person’s understanding of that document.

Articles:

Following the Preamble, the United States Constitution is divided into seven Articles that comprise the original legislation as it was drafted by the funding Fathers 1787 at the Constitutional Convention. The Articles of the Constitution provides for the architecture that comprises the United States supreme law. Articles One through Three set up the three branches of the United States Federal Government.

Article Implements the Legislative Branch and creates the bicameral legislation that is to become Congress.Article details the Executive Branch and provides for the powers of the President of the United States.Article IIIcreates the Judicial Branch and delegates the. responsibilities of the court system. Article of the Constitution provides for the scope of the States’ powers. Article V consists of provisions regarding amendments that are to be made to the Constitution.Article VIestablishes the Federal power of the United States Government and establishes the Constitution as the supreme law of the land. Last but not least, Article VIIsets the requirements for the ratification of the Constitution, stating that at least nine states of would be needed to ratify the Constitution. The Seven Articles of the Constitution set forth the United States Government and provides for the backbone of the Federal the power that is to be implemented by the country.

Constitutional Amendments:

The Framers of the Constitution knew that there would have to be changes made to the document in due time. The changes that the unforeseen future of the The United States would bring inevitable changes to the Constitution in order to provide for the well-being of the nation as a whole. Therefore, it is not a surprise that article Vof the Constitution provides for the process in which amendments to the original legislation could be made. The process is two-fold: Amendments must first be proposed and then ratified by the States.

As of today, there have been a total of twenty-seven amendments made to the Constitution, all of which were proposed in Congress by way of a two-thirds vote. However, amendments can also be proposed if two-thirds of the States demand a specific change. Amendments, once proposed, must also be ratified by the states as required by article VIIof the Constitution. The Amendments of the Constitution comprise a vast array of legislative changes that range from civil and human rights of the people to the topic of pay raises in the United States Congress.

The first ten Amendments comprise what is known as the Bill of Rights. The Bill of Rights is actually comprised of twelve Amendments, however, only the first ten were ratified. The Twenty-Seventh Amendment was the second of the last two Amendments and was ratified in 1992. The first of the last two still remains unratified and pertains to the concept of apportionment for the house of Representatives.

TEXT of the Neutrality Act of 1937

TEXT of the Neutrality Act of 1937

Introduction

The Neutrality Acts were a series of laws enacted by Congress in the 1930s to keep the United States out of the growing hostilities in Europe and Asia. These laws were passed in response to the outbreak of World War II and the escalating conflicts between nations, with the goal of maintaining neutrality and preventing American involvement in foreign conflicts. In this article, we will examine the Neutrality Acts and explore their significance in American history.

Background

The Neutrality Acts were passed during a time of increasing global tensions, as the rise of totalitarian regimes in Europe and Asia threatened the stability of the international system. In the United States, there was a growing sense of isolationism and reluctance to become entangled in foreign conflicts, sparked in part by the devastation of World War I and the Great Depression.
In response to this climate of isolationism, Congress passed a series of laws aimed at keeping the United States out of foreign wars. The first of these laws, the Neutrality Act of 1935, included a number of provisions designed to limit American involvement in international conflicts.

Provisions of the Neutrality Acts

The Neutrality Acts contained several key provisions aimed at maintaining American neutrality in foreign conflicts. These provisions included:
1. Arms Embargo: The Neutrality Act of 1935 imposed an arms embargo on belligerent nations, prohibiting the sale or transfer of weapons to countries that were at war. The law also prevented Americans from traveling on ships owned by belligerent nations and prohibited loans or credit to belligerent governments.
2. Cash-and-Carry Policy: The Neutrality Act of 1937 amended the previous law to allow for the sale of non-military goods to belligerent nations, but required the receiving country to pay in cash and transport the goods themselves. This policy was seen as a compromise between isolationists and interventionists, allowing the U.S. to maintain its neutrality while still supporting allied nations.
3. Prohibition of U.S. Citizens on Belligerent Ships: The Neutrality Act of 1939 prohibited U.S. citizens from traveling on belligerent ships, even those owned by neutral countries. This provision was aimed at preventing American involvement in conflicts through acts such as sabotage or espionage.
4. Lend-Lease Program: The Neutrality Act of 1941, passed after the outbreak of World War II, marked a significant shift in U.S. policy towards foreign involvement. The law authorized the President to lend or lease war materials to allied nations, including Britain and the Soviet Union, who were fighting against Germany and Japan.

Significance of the Neutrality Acts

The Neutrality Acts were significant in shaping American foreign policy during a critical period of world history. The laws reflected a deep-seated isolationist sentiment in American society, with many believing that the United States should avoid involvement in foreign conflicts at all costs.
However, the Neutrality Acts were also criticized for being overly restrictive and limiting America’s ability to support allies in times of crisis. Some argued that the policy of neutrality was outdated and that the United States needed to take a more active role in shaping the international system.
Ultimately, the Neutrality Acts were superseded by the realities of World War II and the United States’ increasing involvement in the conflict. The Lend-Lease program, in particular, marked a significant shift in American policy, as the United States began to provide direct support to allied nations fighting against Axis powers.

Conclusion

The Neutrality Acts were a series of laws enacted by Congress in the 1930s to keep the United States out of foreign conflicts. The laws reflected a deep sense of isolationism in American society, with many believing that the United States should avoid involvement in foreign conflicts at all costs.
The Neutrality Acts were significant in shaping American foreign policy during a critical period of world history, but also highlighted the tension between isolationism and interventionism in American politics. Today, the legacy of the Neutrality Acts serves as a reminder of the importance of balancing national interests with global responsibilities, and the challenges of navigating complex geopolitical environments.

JOINT RESOLUTION

To amend the joint resolution entitled “Joint resolution providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states;

For the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war”, approved August 31, 1935, as amended.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled “Joint resolution providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war”, approved August 31, 1935, as amended, is amended to read as follows:

EXPORT OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR

SECTION 1.

(a) Whenever the President shall find that there exists a state of war between, or among, two or more foreign states, the President shall proclaim such fact, and it shall thereafter be unlawful to export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from any place in the United States to any belligerent state named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state.

(b) The President shall, from time to time, by proclamation, extend such embargo upon the export of arms, ammunition, or implements of war to other states as and when they may become involved in such war.

(c) Whenever the President shall find that a state of civil strife exists in a foreign state and that such civil strife is of a magnitude or is being conducted under such conditions that the export of arms, ammunition, or implements of war from the United foreign state would threaten or endanger the peace of the United States, the President shall proclaim such fact, and it shall thereafter be unlawful to export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from any place in the United States to such foreign state, or to any neutral state for transshipment to, or for the use of, such foreign state.

(d) The President shall, from time to time by proclamation, definitely enumerate the arms, ammunition, and implements of war, the export of which is prohibited by this section. The arms, ammunition, and implements of war so enumerated shall include those enumerated in the Presidents proclamation Numbered 2163, of April 10, 1936, but shall not include raw materials or any other articles or materials not of the same general character as those enumerated in the said proclamation, and in the Convention for the Supervision of the International Trade in Arms and Ammunition and in Implements of War, signed at Geneva June 17, 1925.

(e) Whoever, in violation of any of the provisions of this Act, shall export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from the United States shall be fined not more than $10,000, or imprisoned not more than five years, or both, and the property, vessel, or vehicle containing the same shall be subject to the provisions of sections 1 to 8, inclusive, title 6, chapter 30, of the Act approved June 15, 1917 (40 Stat. 223-225; U. S. C., 1934 ed., title 22, sess. 238-245).

(f) In the case of the forfeiture of any arms, ammunition, or implements of war by reason of a violation of this Act. no public or private sale shall be required; but such arms, ammunition, or implements of war shall be delivered to the Secretary of War for such use or disposal thereof as shall be approved by the President of the United States.

(g) Whenever, in the judgment of the President, the conditions which have caused him to issue any proclamation under the authority of this section have ceased to exist, he shall revoke the same, and the provisions of this section shall thereupon cease to apply with respect to the state or states named in such proclamation, except with respect to offenses committed, or forfeitures incurred, prior to such revocation.

EXPORT OF OTHER ARTICLES AND MATERIALS

SECTION 2.

(a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act and he shall thereafter find that the placing of restrictions on the shipment of certain articles or materials in addition to arms, ammunition, and implements of war from the United States to belligerent states, or to a state wherein civil strife exists, is necessary to promote the security or preserve the peace of the United States or to protect the lives of citizens of the United States, he shall so proclaim, and it shall thereafter be unlawful, except under such limitations and exceptions as the President may prescribe as to lakes, rivers, and inland waters bordering on the United States, and as to transportation on or over lands bordering on the United States, for any American vessel to carry such articles or materials to any belligerent state, or to any state wherein civil strife exists, named in such proclamation issued under the authority of section 1 of this Act, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state wherein civil strife exists. The President shall by proclamation from time to time definitely enumerate the articles and materials which it shall be unlawful for American vessels to so transport.

(b) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act and he shall thereafter find that the placing of restrictions on the export of articles or materials from the United States to belligerent states, or to a state wherein civil strife exists, is necessary to promote the security or preserve the peace of the United States or to protect the lives or commerce of citizens of the United States, he shall so proclaim, and it shall thereafter be unlawful, except under such limitations and exceptions as the President may prescribe as to lakes, rivers, and inland waters bordering on the United States, and as to transportation on or over land bordering on the United States, to export or transport, or attempt to export or transport, or cause to be exported or transported, from the United States to any belligerent state, or to any state wherein civil strife exists, named in such proclamation issued under the authority of section 1 of this Act, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state wherein civil strife exists, any articles or materials whatever until all right, title, and interest therein shall have been transferred to some foreign government, agency, institution, association, partnership, corporation, or national.

The shipper of such articles or materials shall be required to file with the collector of the port from which they are to be exported a declaration under oath that there exists in citizens of the United States no right, title, or interest in such articles or materials, and to comply with such rules and regulations as shall be promulgated from time to time by the President. Any such declaration so filed shall be a conclusive estoppel against any claim of any citizen of the United States of right, title, or interest in such articles or materials.

Insurance written by underwriters on any articles or materials the export of which is prohibited by this Act, or on articles or materials carried by an American vessel in violation of subsection (a) of this section, shall not be deemed an American interest therein, and no insurance policy issued on such articles or materials and no loss incurred thereunder or by the owner of the vessel carrying the same shall be made a basis of any claim put forward by the Government of the United States.

(c) The President shall from time to time by proclamation extend such restrictions as are imposed under the authority of this section to other states as and when they may be declared to become belligerent states under proclamations issued under the authority of section 1 of this Act.

(d) The President may from time to time change, modify, or revoke in whole or in part any proclamations issued by him under the authority of this section.

(e) Except with respect to offenses committed, or forfeitures incurred, prior to May 1, 1939, this section and all proclamations issued thereunder shall not be effective after May 1, 1939.

FINANCIAL TRANSACTIONS

SECTION 3.

(a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful for any person within the United States to purchase, sell, or exchange bonds, securities, or other obligations of the government of any belligerent state or of any state wherein civil strife exists, named in such proclamation, or of any political subdivision of any such state, or of any person acting for or on behalf of the government of any such state, or of any faction or asserted government within any such state wherein civil strife exists, or of any person acting for or on behalf of any faction or asserted government within any such state wherein civil strife exists, issued after the date of such proclamation, or to make any loan or extend any credit to any such government, political subdivision, faction, asserted government, or person, or to solicit or receive any contribution for any such government, political subdivision, faction, asserted government, or person:

Provided, That if the President shall find that such action will serve to protect the commercial or other interests of the United States or its citizens, he may, in his discretion, and to such extent and under such regulations as he may prescribe, except from the operation of this section ordinary commercial credits and short-time obligations in aid of legal transactions and of a character customarily used in normal peacetime commercial transactions. Nothing in this subsection shall be construed to prohibit the solicitation or collection of funds to be used for medical aid and assistance, or for food and clothing to relieve human suffering, when such solicitation or collection of funds is made on behalf of and for use by any person or organization which is not acting for or on behalf of any such government, political subdivision, faction, or asserted government, but all such solicitations and collections of funds shall be subject to the approval of the President and shall be made under such rules and regulations as he shall prescribe.

(b) The provisions of this section shall not apply to a renewal or adjustment of such indebtedness as may exist on the date of the Presidents proclamation.

(c) Whoever shall violate the provisions of this section or of any regulations issued hereunder shall, upon conviction thereof, be fined not more than $50,000 or imprisoned for not more than five years, or both. Should the violation be by a corporation, organization, or association, each officer or agent thereof participating in the violation may be liable to the penalty herein prescribed.

(d) Whenever the President shall have revoked any such proclamation issued under the authority of section 1 of this Act, the provisions of this section and of any regulations issued by the President thereunder shall thereupon cease to apply with respect to the state or states named in such proclamation, except with respect to offenses committed prior to such revocation.

EXCEPTIONS-AMERICAN REPUBLICS

SECTION 4.

This Act shall not apply to an American republic or republics engaged in war against a non-American state or states, provided the American republic is not cooperating with a non-American state or states in such war.

NATIONAL MUNITIONS CONTROL BOARD

SECTION 5.

(a) There is hereby established a National Munitions Control Board (hereinafter referred to as the Board) to carry out the provisions of this Act. The Board shall consist of the Secretary of State, who shall be chairman and executive officer of the Board, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Secretary of Commerce. Except as otherwise provided in this Act, or by other law, the administration of this Act is vested in the Department of State. The Secretary of State shall promulgate such rules and regulations with regard to the enforcement of this section as he may deem necessary to carry out its provisions. The Board shall be convened by the chairman and shall hold at least one meeting a year.

(b) Every person who engages in the business of manufacturing, exporting or importing any of the arms, ammunition, or implements of war referred to in this Act, whether as an exporter, importer, manufacturer, or dealer, shall register with the Secretary of State his name, or business name, principal place of business, and places of business in the United States, and a list of the arms, ammunition, and implements of war which he manufactures, imports, or exports.

(c) Every person required to register under this section shall notify the Secretary of State of any change in the arms, ammunition, or implements of war which he exports, imports, or manufactures; and upon such notification, the Secretary of State shall issue to such person an amended certificate of registration, free of charge, which shall remain valid until the date of expiration of the original certificate. Every person required to register under the provisions of this section shall pay a registration fee of $500, unless he manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of less than $50,000 during the twelve months immediately preceding his registration, in which case he shall pay a registration fee of $100.

Upon receipt of the required registration fee, the Secretary of State shall issue a registration certificate valid for five years, which shall be renewable for further periods of five years upon the payment for each renewal of a fee of $500 in the case of persons who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of more than $50,000 during the twelve months immediately preceding the renewal, or a fee of $100 in the case of persons who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of less than $50,000 during the twelve months immediately preceding the renewal.

The Secretary of the Treasury is hereby directed to refund, out of any amounts of money in the Treasury not otherwise appropriated, the sum of $400 to every person who shall have paid a registration fee of $500 pursuant to this Act, who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of less than $50,000 during the twelve months immediately preceding his registration.

(d) It shall be unlawful for any person to export, or attempt to export, from the United States to any other state, any of the arms, ammunition, or implements of war referred to in this Act, or to import, or attempt to import, to the United States from any other state, any of the arms, ammunition, or implements of war referred to in this Act, without first having obtained a license therefore.

(e) All persons required to register under this section shall maintain, subject to the inspection of the Secretary of State, or any person or persons designated by him, such permanent records of manufacture for export, importation, and exportation of arms, ammunition, and implements of war as the Secretary of State shall prescribe.

(f) Licenses shall be issued to persons who have registered as herein provided for, except in cases of export or import licenses where the export of arms, ammunition, or implements of war would be in violation of this Act or any other law of the United States, or of a treaty to which the United States is a party, in which cases such licenses shall not be issued.

(g) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, all licenses theretofore issued under this Act shall ipso facto and immediately upon the issuance of such proclamation, cease to grant authority to export arms, ammunition, or implements of war from any place in the United States to any belligerent state, or to any state wherein civil strife exists, named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state wherein civil strife exists; and said licenses, insofar as the grant of authority to export to the state or states named in such proclamation is concerned, shall be null and void.

(h) No purchase of arms, ammunition, or implements of war shall be made on behalf of the United States by any officer, executive department, or independent establishment of the Government from any person who shall have failed to register under the provisions of this Act.

(i) The provisions of the Act of August 29, 1916, relating to the sale of ordnance and stores to the Government of Cuba (39 Stat. 619, 643; U. S. C., 1934 ed., title 50, sec. 72), are hereby repealed as of December 31, 1937.

(j) The Board shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain such information and data collected by the Board as may be considered of value in the determination of questions connected with the control of trade in arms, ammunition, and implements of war. The Board shall include in such reports a list of all persons required to register under the provisions of this Act, and full information concerning the licenses issued hereunder.

(k) The President is hereby authorized to proclaim upon recommendation of the Board from time to time a list of articles which shall be considered arms, ammunition, and implements of war for the purposes of this section.

AMERICAN VESSELS PROHIBITED FROM CARRYING ARMS TO BELLIGERENT STATES

SECTION 6.

(a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel to carry any arms, ammunition, or implements of war to any belligerent state, or to any state wherein civil strife exists, named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state wherein civil strife exists.

(b) Whoever, in violation of the provisions of this section shall take, or attempt to take, or shall authorize, hire, or solicit another to take, any American vessel carrying such cargo out of port or from the jurisdiction of the United States shall be fined not more than $10,000, or imprisoned not more than five years, or both; and, in addition, such vessel, and her tackle, apparel, furniture, and equipment, and the arms, ammunition, and implements of war on board, shall be forfeited to the United States.

USE OF AMERICAN PORTS AS BASE OF SUPPLY

SECTION 7.

(a) Whenever, during any war in which the United States is neutral, the President, or any person “hereunto authorized by him, shall have cause to believe that any vessel, domestic or foreign, whether requiring clearance or not, is about to carry out of a port of the United States, fuel, men, arms, ammunition, implements of war, or other supplies to any warship, tender, or supply ship of a belligerent state, but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as provided for by section 1, title V, chapter 30, of the Act approved June 15, 1917 (40 Stat. 217, 221; U. S. C., 1934 ed., title 18, sec. 31), and if, in the Presidents judgment, such action will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security or neutrality of the United States, he shall have the power and it shall be his duty to require the owner, master, or person in command thereof, before departing from a port of the United States, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that the vessel will not deliver the men, or any part of the cargo, to any warship, tender, or supply ship of a belligerent state.

(b) If the President, or any person “hereunto authorized by him, shall find that a vessel, domestic or foreign, in a port of the United States, has previously cleared from a port of the United States during such war and delivered its cargo or any part thereof to a warship, tender, or supply ship of a belligerent state, he may prohibit the departure of such vessel during the duration of the war.

SUBMARINES AND ARMED MERCHANT VESSELS

SECTION 8.

Whenever, during any war in which the United States is neutral, the President shall find that special restrictions placed on the use of the ports and territorial waters of the United States by the submarines or armed merchant vessels of a foreign state, will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security of the United States, and shall make proclamation thereof, it shall thereafter be unlawful for any such submarine or armed merchant vessel to enter a port or the territorial waters of the United States or to depart therefrom, except under such conditions and subject to such limitations as the President may prescribe. Whenever, in his judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply.

TRAVEL ON VESSELS OF BELLIGERENT STATES

SECTION 9.

Whenever the President shall have issued a proclamation under the authority of section 1 of this Act it shall thereafter be unlawful for any citizen of the United States to travel on any vessel of the state or states named in such proclamation, except in accordance with such rules and regulations as the President shall prescribe: Provided, however, That the provisions of this section shall not apply to a citizen of the United States traveling on a vessel whose voyage was begun in advance of the date of the Presidents proclamation, and who had no opportunity to discontinue his voyage after that date: and provided: further, That they shall not apply under ninety days after the date of the Presidents proclamation to a citizen of the United States returning from a foreign state to the United States. Whenever, in the Presidents judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply with respect to the state or states named in such proclamation, except with respect to offenses committed prior to such revocation.

ARMING OF AMERICAN MERCHANT VESSELS PROHIBITED

SECTION 10.

Whenever the President shall have issued a proclamation under the authority of section 1, it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel engaged in commerce with any belligerent state, or any state wherein civil strife exists, named in such proclamation, to be armed or to carry any armament, arms, ammunition, or implements of war, except small arms and ammunition therefor which the President may deem necessary and shall publicly designate for the preservation of discipline aboard such vessels.

REGULATIONS

SECTION 11.

The President may, from time to time, promulgate such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out any of the provisions of this Act; and he may exercise any power or authority conferred on him by this Act through such officer or officers, or agency or agencies, as he shall direct.

GENERAL PENALTY PROVISION

SECTION 12.

In every case of the violation of any of the provisions of this Act or of any rule or regulation issued pursuant thereto where a specific penalty is not herein provided, such violator or violators, upon conviction, shall be fined not more than $10,000, or imprisoned not more than five years, or both.