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Economic Warfare Powers of the US President by Eric R. Terzuolo
T
he United States is in a condition of national emergency. More precisely, multiple national emergencies, involving what the US president considers potential threats, deriving from conditions in or policies of individual foreign states, or from transnational phenomena. Ironically, on 8 November 2016 (Election Day), when some might argue a different national emergency was developing, President Obama confirmed the continuation for another year of the emergency with respect to the proliferation of weapons of mass destruction.1 He extended the operation of then-president Bill Clinton’s executive order of November 1994, confirming that the «proliferation of weapons of mass destruction and the means of delivering them continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.» A few days earlier, Obama had reconfirmed a state of emergency with Sudan that dated back to 1997.2 Other countries deemed to create national emergencies for the United States include Burma (reconfirmed in May 2016), the Democratic Republic of the Congo (reconfirmed October 2016), not surprisingly North Korea (June 2016), and Iran (November 2016, despite the 2015 nuclear deal). Such declarations of national emergency are in fact so numerous and frequent that they attract little general notice, other than from foreign governments that are targeted. But, while their effect is clearly limited in time (generally one year, hence the need for numerous renewals), they are a foundation of the US president’s power to conduct economic warfare. In essence, an emergency situation allows the president to employ economic warfare authorities included in multiple legislative acts. The US system of
1 The White House, Office of the Press Secretary, «Notice – Continuation of the National Emergency with Respect to Weapons of Mass Destruction», 8 November 2016. 2 The White House, Office of the Press Secretary, «Notice – Continuation of National Emergency with Respect to Sudan», 31 October 2016.
