12. Presidential Procla

POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 12

§ 12. Presidential Procla- threat to the peace of the world and imperil the efforts of this country mations and those of the United Nations to prevent aggression and armed con- The precedents in this section flict; and Whereas world conquest by Com- include Presidential proclamations munist imperialism is the goal of the which relate to national security forces of aggression that have been matters and appear in the Con- loosed upon the world . . . gressional Record. Now, therefore, I, Harry S. Tru- man, President of the United States of America, do proclaim the existence of a national emergency, which requires that the military, naval, air, National Emergency Regard- and civilian defenses of this country ing Korea be strengthened as speedily as pos- sible to the end that we may be able § 12.1 During the conflict in to repel any and all threats against our national security. . . . Korea, the President pro- In witness whereof, I have here- claimed a national emer- unto set my hand and caused the seal of the United States of America gency which required to be affixed. strengthening of defenses to Done at the city of Washington repel threats to the national this 16th day of December in the year of our Lord 1950, and of the security and fulfill respon- independence of the United States of sibilities to the United Na- America the one hundred and sev- tions. enty-fifth. HARRY S TRUMAN. (15) On Dec. 21, 1950, Mr. John By the President: W. McCormack, of Massachusetts, inserted in the Record the fol- DEAN ACHESON, Secretary of State. lowing proclamation made by the President on Dec. 16, 1950: Embargo on Trade With Cuba MR. MCCORMACK: Mr. Speaker, under leave to extend my remarks in § 12.2 A Presidential proclama- the Record, I include the following text tion relating to an embargo of President. Truman’s proclamation of the existence of a national emergency, of all trade with Cuba was issued today, taken from the New York inserted in the Congressional Times of December 17, 1950: Record in the Senate. ( ) TEXT OF EMERGENCY PROCLAMATION On Sept. 20, 1962, 16 the fol- Whereas recent events in Korea lowing proclamation was inserted and elsewhere constitute a grave in the Record in the Senate:

15. 96 CONG. REC. A7844, 81st Cong. 2d 16. 108 CONG. REC. 20034, 87th Cong. Sess. 2d Sess.

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EMBARGO ON ALL TRADE WITH CUBA Extraordinary Session (Neu- BY THE PRESIDENT OF THE UNITED STATES OF AMERICA—A PROCLA- trality Legislation) MATION § 12.3 A Presidential proclama- Whereas the eighth meeting of con- tion convening an extraor- sultation of Ministers of Foreign Af- dinary session of Congress to fairs, serving as organ of consultation in application of the Inter-American act on neutrality legislation Treaty of Reciprocal Assistance, in its was inserted in the Congres- final act resolved that the present Gov- sional Record. ernment of Cuba is incompatible with On Sept. 21, 1939,(17) the fol- the principles and objectives of the lowing proclamation convening inter-American system; and, in light of the Congress in extraordinary ses- the subversive offensive of Sino-Soviet sion was read to the House:(18) communism with which the Govern- ( ) ment of Cuba is publicly alined, urged THE SPEAKER: 19 The Clerk will read the member states to take those steps the proclamation of the President of the United States convening this ex- that they may consider appropriate for traordinary session of the Seventy- their individual and collective self-de- sixth Congress. fense. . . . The Clerk read as follows: . . . Now, therefore, I, John F. Ken- nedy, President of the United States of CONVENING THE CONGRESS IN EXTRA America, acting under the authority of SESSION BY THE PRESIDENT OF THE section 620(a) of the Foreign Assist- UNITED STATES OF AMERICA ance Act of 1961 (75 Stat. 445), as A PROCLAMATION amended, do— Whereas public interests require 1. Hereby proclaim an embargo upon that the Congress of the United trade between the United States and States should be convened in ex- Cuba in accordance with paragraphs 2 traordinary session at 12 o’clock noon on Thursday, the 21st day of and 3 of this proclamation. September, 1939, to receive such 2. Hereby prohibit, effective 12:01 communication as may be made by a.m., eastern standard time, February the Executive: Now, therefore, 7, 1962, the importation in the United States of all goods of Cuban origin . . . 17. 85 CONG. REC. 7, 8, 76th Cong. 2d Sess. Done at the city of Washington 18. This proclamation was read in the this third day of February in the year of our Lord 1962, and of the Senate, id. at p. 3. Independence of the United States of See §§ 9.1, 11.6, supra, for a dis- America the 186th. cussion of the Neutrality Act of 1939 John F. Kennedy. and the President’s message request- By the President: ing neutrality legislation, respec- DEAN RUSK, tively. Secretary of State. 19. William B. Bankhead (Ala.).

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I, Franklin D. Roosevelt, President On Nov. 3, 1939,(1) the following of the United States of America, do Presidential proclamation relating hereby proclaim and declare that an extraordinary occasion requires the to a state of war between Ger- Congress of the United States to con- many and several nations as au- vene in extraordinary session at the thorized by the Neutrality Act of Capitol in the City of Washington on (2) Thursday, the 21st day of Sep- 1939, was placed in the Con- tember, 1939, at 12 o’clock noon, of gressional Record: which all persons who shall at that time be entitled to act as Members MR. [ALBEN W.] BARKLEY [of Ken- thereof are hereby required to take tucky]: Mr. President, under permis- notice. sion granted on November 3, 1939, In witness whereof, I have here- page 1358, I wish to insert in the Con- unto set my hand and caused to be gressional Record two proclamations affixed the great seal of the United issued by the President of the United States. States, as provided under House Joint Done at the city of Washington Resolution 306, passed at the extra this 13th day of September, in the session of Congress, relating to neu- year of our Lord 1939, and of the trality, as follows: independence of the United States of DEPARTMENT OF STATE, America the one hundred and sixty- November, 1939. fourth. [SEAL] PROCLAMATION OF A STATE OF WAR BETWEEN GERMANY AND FRANCE; FRANKLIN D. ROOSEVELT. POLAND; AND THE UNITED KING- By the President: DOM, INDIA, AUSTRALIA, CANADA, NEW ZEALAND, AND THE UNION OF CORDELL HULL, SOUTH AFRICA Secretary of State. BY THE PRESIDENT OF THE UNITED STATES: War Between Germany and A PROCLAMATION Foreign Nations Whereas section 1 of the joint resolution of Congress approved November 4, § 12.4 A Presidential proclama- 1939, provides in part as follows: tion relating to a state of war ‘‘That whenever the President, or the between Germany and Congress by concurrent resolution, France, Poland, the United shall find that there exists a state of Kingdom, India, Australia, war between foreign states, and that it is necessary to promote the security or Canada, New Zealand, and preserve the peace of the United States the Union of South Africa, authorized by the Neutrality 1. 85 CONG. REC. A787, 76th Cong. 2d Act of 1939, was inserted in Sess. 2. See § 9.1, supra, for a discussion of the Record. the Neutrality Act of 1939.

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or to protect the lives of citizens of the or territorial waters of the United States, the President shall United States by submarines issue a proclamation naming the states involved; and he shall, from time to of foreign belligerent na- time, by proclamation, name other tions, authorized by the Neu- states as and when they may become trality Act of 1939, was in- involved in the war.’’ . . . Now, therefore, I, Franklin D. Roo- serted in the Record. sevelt, President of the United States On Nov. 3, 1939,(3) the following of America, acting under and by virtue Presidential proclamation relating of the authority conferred on me by the said joint resolution, do hereby pro- to use of ports or territorial wa- claim that a state of war unhappily ex- ters of the United States by sub- ists between Germany and France, Po- marines of foreign belligerent land, and the United Kingdom, India, states was inserted in the Record: Australia, Canada, New Zealand, and the Union of South Africa, and that it Whereas section 11 of the joint reso- is necessary to promote the security lution approved November 4, 1939, and preserve the peace of the United provides: States and to protect the lives of citi- ‘‘Whenever, during any war in which zens of the United States. . . . the United States is neutral, the Presi- And I do hereby revoke my procla- dent shall find that special restrictions mations Nos. 2349, 2354, and 2360 placed on the use of the ports and ter- issued on September 5, 8, and 10, ritorial waters of the United States by 1939, respectively, in regard to the ex- the submarines or armed merchant port of arms, ammunition, and imple- vessels of a foreign state, will serve to ments of war to France, Germany, Po- maintain peace between the United land, and the United Kingdom, India, States and foreign states, or to protect Australia, and New Zealand, to the the commercial interests of the United Union of South Africa, and to Can- States and its citizens, or to promote ada.... the security of the United States, and Done at the city of Washington shall make proclamation thereof, it this fourth day of November, in the shall thereafter be unlawful for any year of our Lord nineteen hundred such submarine or armed merchant and thirty-nine, and of the independ- vessel to enter a port or the territorial ence of the United States of America waters of the United States or to de- the one hundred and sixty-fourth. FRANKLIN D. ROOSEVELT. part therefrom, except under such con- ditions and subject to such limitations By the President: as the President may prescribe. . . . CORDELL HULL, Whereas there exists a state of war Secretary of State. between Germany [and other nations]; and Use of American Ports by Bel- ligerent Nations 3. 85 CONG. REC. A787, 76th Cong. 2d Sess. § 12.5 A Presidential proclama- See § 9.1, supra, for a discussion of tion relating to use of ports the Neutrality Act of 1939. 1840 POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 13

Whereas the United States of Amer- its citizens, and to promote the secu- ica is neutral in such war; rity of the United States; Now, therefore, I, Franklin D. Roo- And I do further declare and pro- sevelt, President of the United States claim that it shall hereafter be unlaw- of America, acting under and by virtue ful for any submarine of [specified na- of the authority vested in me by the tions] to enter ports or territorial wa- foregoing provision of section 11 of the ters of the United States. . . . joint resolution approved November 4, 1939, do by this proclamation find that Done at the city of Washington this special restrictions placed on the use of fourth day of November in the year of the ports and territorial waters of the our Lord nineteen hundred and thirty- United States, exclusive of the Canal nine, and of the Independence of the Zone, by the submarines of a foreign United States of America the one hun- belligerent state, both commercial sub- dred and sixty-fourth. marines and submarines which are FRANKLIN D. ROOSEVELT. ships of war, will serve to maintain peace between the United States and By the President: foreign states, to protect the commer- Cordell Hull, cial interests of the United States and Secretary of Stale.

C. HOUSE PREROGATIVE TO ORIGINATE REVENUE BILLS § 13. In General Because questions relating to the prerogative of the House to The precedents in sections 15– originate revenue legislation (6) in- 18, infra, relate to the constitu- volve interpretation of the Con- ( ) tional prerogative of the House to stitution 7 rather than House originate bills to raise revenue.(4) See also Constitution of the United Article I, section 7, clause 1, pro- States of America: Analysis and In- vides that, ‘‘All Bills for raising terpretation, S. Doc. No. 92–82, 92d Revenue shall originate in the Cong. 2d Sess. 125, 126 (1973), for House of Representatives; but the discussion of this provision. And see Senate may propose or concur §§ 19, 20, infra, for a discussion of Senate authority to amend revenue with Amendments as on other bills and make appropriations. (5) Bills.’’ 6. For one view on what is com- prehended by the phrase ‘‘bills for 4. See 2 Hinds’ Precedents §§ 1480– raising revenue,’’ see J. Story, Com- 1501; 6 Cannon’s Precedents §§ 314– mentaries on the Constitution of the 322; and 8 Cannon’s Precedents United States § 880, vol. 1, Boston § 2278, for earlier precedents. (1833). 5. See House Rules and Manual §99 7. See, for example, the discussion and (1973). cases cited in § 19.2, infra.

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