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Accession Number:
ADA172715
Title:
A Constitutional and Criminal Law Analysis of President Reagan's Ordering Americans out of Libya.
Descriptive Note:
Final rept.,
Corporate Author:
ARMY MILITARY PERSONNEL CENTER ALEXANDRIA VA
Report Date:
1986-09-30
Pagination or Media Count:
99.0
Abstract:
The fact that there were alternative courses of action is further evidence that there was not such an unusual and extraordinary threat to the natioinal security, foreign policy or economy of the United States as to comprise a national emergency with respect to Libya under The Emergency Economic Powers ActIIPA. Therefore, none of President Reagans actions on January 7, 1986 were authorized. The international events are but a backdrop to a significant development in American criminal law, the creation of new crimes by the Executive rather than the Congress. In addition to stretching the term national emergency under IEEPA, President Reagan has redefined trade and increased his powers under IEEPA. A statue concerning commercial transactions between international businessmen has been used to make it a crime to travel to, work in, or even live in Libya. These actions violate the concept of separation of powers, the right to travel, the right to specific employment, the due process clause of the Fifth Amendment, and the prohibition against ex post facto laws and bills of attainer.
Distribution Statement:
APPROVED FOR PUBLIC RELEASE
