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Topic: Economic Stabilization Act of 1970


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In the News (Sat 26 Dec 09)

  
 History of the United States (1964-1980) - Wikipedia, the free encyclopedia
By the summer of 1971, Nixon was under strong public pressure to act decisively to reverse the economic tide.
Also on August 15, 1971, under the provisions of the Economic Stabilization Act of 1970, Nixon implemented "Phase I" of his economic plan: a ninety-day freeze on all wages and prices above their existing levels.
Following the Great Depression of the 1930s, recessions—periods of slow economic growth and high unemployment—were viewed as the greatest of economic threats, which could be counteracted by heavy government spending or cutting taxes so that consumers would spend more and an expansionary monetary policy.
en.wikipedia.org /wiki/History_of_the_United_States_(1964-1980)   (2775 words)

  
 [No title]
The Economic Stabilization Act of 1970, referred to in subsec.
Provisions of title II of the Act relating to amounts held in escrow under section 4501(d) of this title (112 Stat.
(e), was in the original "this Act", which was translated as meaning this subtitle, which enacted this chapter, to reflect the probable intent of Congress.
uscode.house.gov /download/pls/15C71.txt   (2015 words)

  
 National League of Cities v Usery   (Site not responding. Last check: 2007-11-02)
There the Court held that the Economic Stabilization Act of 1970 was constitutional as applied to temporarily freeze the wages of state and local government employees.
The Court recognized that the Economic Stabilization Act was "an emergency measure to counter severe inflation that threatened the national economy." 421 U.S., at 548.
Although the Economic Stabilization Act "displace[d] the States' freedom," ante, at 852 - the reason given for invalidating the 1974 amendments - the result in Fry is not disturbed since the interference was temporary and only a national program enforced by the Federal Government could have alleviated the country's economic crisis.
www.agh-attorneys.com /4_national_league_of_cities_v_usery.htm   (8817 words)

  
 LearnThis.Info Encyclopedia articles beginning with 'Ec'   (Site not responding. Last check: 2007-11-02)
Economic and Social Commission for Asia and the Pacific
Economic Development Agency of Canada for the Regions of Quebec
Economic Growth and Tax Relief Reconciliation Act of 2001
encyclopedia.learnthis.info /e/ec   (62 words)

  
 The Constitution of the United States of America   (Site not responding. Last check: 2007-11-02)
The National Industrial Recovery Act devolved on the executive branch the power to formulate codes of ``fair competition'' for all industry in order to promote ``the policy of this title.'' The policy was ``to eliminate unfair competitive practices, to promote the fullest possible utilization of the present productive capacity of industries,.
The Act provided that the price to be fixed should afford farmers purchasing power equivalent to that they had enjoyed in a base period, but the Secretary was also to protect the interest of the consumer by a gradual increase in prices in accordance with the public interest and current consumption.
The majority of the Court thought that the Act stated the purposes which Congress had hoped to achieve and set out standards by which it hoped the purposes could be realized.
www.gpoaccess.gov /constitution/html/art1.html   (9635 words)

  
 College for Seniors - Instructor Pages - Lenny Bernstein - U.S. Energy Policy
Economic Stabilization Act of 1970 (PL 91-210) authorized the President to stabilize prices, rents, wages, salaries, interest rates, dividends and similar transfers.
Trans-Alaska Pipeline Authorization Act (PL 93-153) authorized the Secretary of the Interior to grant rights-of-way across Federal lands where the use of such rights-of-way is in the public interest and the applicant for the rights-of-way demonstrates the financial and technical capability to use the rights-of-way in a manner which will protect the environment.
Alternative Motor Fuels Act of 1988 (PL 100-494) calls for the Federal government to use the maximum practical number of light duty alternative fuel vehicles and for such vehicles to be included in CAFE calculations.
www.unca.edu /ncccr/CFS/Instructor_pages/bernstein_lenny/Energy_Crisis/Bibliography_US_Energy_Policy.htm   (1745 words)

  
 1 of 1 DOCUMENT
n2 Passage of the Act in 1994 was preceded by four years of hearings, n3 which included testimony from physicians and law professors; n4 from survivors of rape and domestic violence; n5 and from representatives of state law enforcement and private business.
Nationwide economic integration is the norm, the national political power has been augmented by its vast revenues, and the power of the States has been drawn down by the Seventeenth Amendment, eliminating selection of senators by state legislature in favor of direct election.
It was against this record of failure at the state level that the Act was passed to provide the choice of a federal forum in place of the state-court systems found inadequate to stop gender-biased violence.
cyber.law.harvard.edu /events/vaw/VAWopinion.html   (14601 words)

  
 National Emergency and the Erosion of Private Property Rights: Publications: The Independent Institute
Federal officials and judges typically acted in conformity with the belief that government ought to be confined to protective functions, refraining from redistributionist policies and leaving citizens free to conduct their economic affairs as they pleased.
The act also requires that no statutory authority contingent on a state of emergency be triggered by a national emergency decree unless the President specifically states his intent to exercise authority under that particular statute.
Moreover, the act declares that national emergencies may be terminated by concurrent resolution of congress as well as by presidential proclamation or automatic lapse if not renewed annually by the President.
www.independent.org /publications/article.asp?id=124   (8423 words)

  
 [No title]
The jurisdiction of this Court arises under 28 U.S.C. and Section 211(g) of the Economic Stabilization Act of 1970, 12 U.S.C. 1904 note, as incorporated by Section 5(a)(1) of the Emergency Petroleum Allocation Act of 1975, 15 U.S.C. 754(a)(1).
The EPAA -- pursuant to which the entitlements regulations were promulgated and revoked -- incorporated by reference Section 207 of the Economic Stabilization Act of 1970, 12 U.S.C. 1904 note.
CHARLES FRIED Solicitor General ROY G. Acting Deputy General Counsel for Litigation SAMUEL SOOPPER Attorney Department of Energy APRIL 1987 /1/ The series of preliminary injunctions preventing publication of entitlements notices after decontrol culminated in the injunction issued in Mobil Oil Corp. v.
www.usdoj.gov /osg/briefs/1986/sg860113.txt   (3318 words)

  
 TITLE>Table of Contents - Concept Paper on Specialized Courts
The Bankruptcy Reform Act of 1978 established in each judicial district a new court of record, the United States Bankruptcy Court, which was to come into existence on April 1, 1984.
First, the 1984 act curtailed the authority of bankruptcy judges and left bankruptcy courts subordinate to the district courts as adjuncts of the district courts.
Second, the 1984 act granted authority to the federal circuit courts of appeals, intermediate appellate courts located in each of the twelve judicial circuits, or regions, of the United States, to appoint bankruptcy judges for the districts within their circuits.
www.abanet.org /ceeli/publications/conceptpapers/speccourts/spc1a.html   (3633 words)

  
 Supreme Court Limits the Use of the Commerce Clause - U.S. v. Morrison, 120 S.Ct. 1740, 146 L.Ed.2d 658 (2000)
*fn11 Passage of the Act in 1994 was preceded by four years of hearings,*fn12 which included testimony from physicians and law professors; *fn13 from survivors of rape and domestic violence; *fn14 and from representatives of state law enforcement and private business.
The Act would have passed muster at any time between Wickard in 1942 and Lopez in 1995, a period in which the law enjoyed a stable understanding that congressional power under the Commerce Clause, complemented by the authority of the Necessary and Proper Clause, Art.
The fact that the Act does not pass muster before the Court today is therefore proof, to a degree that Lopez was not, that the Court's nominal adherence to the substantial effects test is merely that.
biotech.law.lsu.edu /cases/preemption/US_v_Morrison.htm   (13917 words)

  
 Citizens Against Government Waste:
Under authority of the Economic Stabilization Act of 1970, President Nixon was able to regulate all wages, prices, rents and interests in order to control inflation.
For example, even though Canada was ranked fifth in 1997 by the Organization for Economic Cooperation and Development (OECD) for national health expenditures, the same organization ranked Canada in the lowest third of its 29 member countries for availability of devices such as MRI and CT scanners.
If we thought it was difficult to address reform two years ago during BBA [Balanced Budget Act], imagine how much harder it's going to be if we wait until 2008 or 2009 when the baby boom generation is on the verge of retiring at that time they will represent nearly a quarter of the population.
www.cagw.org /site/PageServer?pagename=reports_pricecontrol   (6389 words)

  
 Federal Judicial History | temp_appeals   (Site not responding. Last check: 2007-11-02)
Congress authorized the Chief Justice of the United States to appoint to the temporary court three or more district and appeals court judges, each of whom was to serve on a part-time basis for an indefinite term.
The Temporary Emergency Court of Appeals was modeled on the Emergency Court of Appeals, which was established in 1942 to hear appeals in cases involving various wartime price control measures and which heard its last case in 1961.
Although the Economic Stabilization Act expired in 1974, Congress extended the operation of the Temporary Emergency Court of Appeals in the Emergency Petroleum Allocation Act of 1973 (82 Stat.
www.fjc.gov /history/home.nsf/page/temp_appeals   (274 words)

  
 NARA - Federal Register - Executive Orders
Under and by virtue of the authority vested in me by the Federal Energy Administration Act of 1974 (Public Law 93-275), the Emergency Petroleum Allocation Act of 1973 (Public Law 93-159; 87 Stat.
Pursuant to the authority vested in me by section 30 of the Federal Energy Administration Act of 1974, notice is hereby given that act shall be effective as of June 27, 1974.
(a) There is hereby delegated to the Secretary the authority vested in the President by section 203(a)(3) of the Economic Stabilization Act of 1970, as amended, to the extent such authority remains available under the provisions of section 218 of that act.
www.archives.gov /federal-register/codification/executive-order/11790.html   (490 words)

  
 Annotated Constitution pg 85   (Site not responding. Last check: 2007-11-02)
The statute prescribed no formula or standards, and the majority agreed that he was entirely free ``to choose among the recognized methods of apportionment or to devise reasonable methods of his own,''
The first Act contained no definition, but the second defined ``excessive profits'' as meaning ``any amount of a contract or subcontract price which is found as a result of renegotiation to represent excessive profits.''
8 of the Act of October 21, 1942, 56 Stat.
www.eco.freedom.org /ac92/ac92pg0085.shtml   (340 words)

  
 Nearctica - Environment - U.S. Law - Energy Conservation Act 15
Action taken under the authorities to which this section applies, resulting in the allocation of petroleum products or electrical energy among classes of users or resulting in restrictions on use of petroleum products and electrical energy shall not be based upon unreasonable classifications of, or unreasonable differentiations between, classes of users.
Such procedures for judicial review shall apply notwithstanding the expiration of the Economic Stabilization Act of 1970.
Loan guarantees and obligation guarantees under this Act or any amendment to another law made by this Act may not be issued in violation of any limitation in appropriations or other Acts, with respect to the amounts of outstanding obligational authority.
www.nearctica.com /environ/elaw/energy/energy15.htm   (2721 words)

  
 Emergency Powers   (Site not responding. Last check: 2007-11-02)
The Economic Stabilization Act of 1970, for example, allowed the President to impose certain wage and price controls for about three years before it eventually expired automatically in 1974./6 The statute gave the President emergency authority to address a crisis in the Nation's economy.
However, the Act did not cancel the 1933, 1950, 1970, and 1971 national emergency proclamations because these were issued by the President pursuant to his Article II constitutional authority.
In the International Emergency Economic Powers Act; it conferred authority on the Chief Executive to exercise controls over international economic transactions in the future during a declared national emergency and established procedures governing the use of this power, including close consultation with Congress when declaring a national emergency to activate the IEEPA.
www.theawaregroup.com /emergencypowers.htm   (4403 words)

  
 CRS Report: IB10054 - Energy Tax Policy - NLE
Due to the combined effects of the Economic Recovery Tax Act and the energy tax subsidies that had not been repealed, which together created negative effective tax rates in some cases, the actual energy tax policy differed from the stated policy.
H.R., the Energy Tax Policy Act of 2001, which was reported out of the House Committee on Ways and Means, and incorporated into H.R. the comprehensive energy bill approved by the House on August 2, 2001.
The third broad action taken during the 1970s to implement the new energy tax policy objectives was the introduction of numerous tax preferences specifically targeted for energy conservation, the development of the supply of alternative fuels (renewable and non-conventional fuels), and the commercialization of energy efficiency and alternative fuels technologies.
www.ncseonline.org /NLE/CRSreports/energy/eng-60.cfm?&CFID=581935&CFTOKEN=99920943   (6772 words)

  
 LawSchoolWiki: ClassNotesAdministrativeLawAdler   (Site not responding. Last check: 2007-11-02)
Economic stabilization act of 1970 authorized President to issue executive order to stabilize prices, and to delegate authority to an agency.
Act did not require rates to be set "on the record after opportunity for hearing", just "after hearing".
When agency acts, it is acting according to delegation of power from legislature, thus entitled to same presumption of validitiy.
www.bostoncoop.net /law?ClassNotesAdministrativeLawAdler   (11648 words)

  
 [No title]
The jurisdiction of this Court is invoked under 28 U.S.C. 1254(1) and under Section 211(g) of the Economic Stabilization Act of 1970 (ESA), 12 U.S.C. (1976 ed.) 1904 note, as incorporated by Section 5(a)(1) of the Emergency Petroleum Allocation Act of 1973 (EPAA), 15 U.S.C. 754(a)(1).
The court next rejected (id. at 5a-6a) petitioner's claim that the waiver of sovereign immunity in the Tucker Act (28 U.S.C. 1491) allowed petitioner to bring suit under the ESA in a federal district court.
This Court denied petitions for a writ of certiorari on both those prior occasions, and nothing has changed since those earlier denials, nor is there anything about this particular case, to suggest that different treatment is warranted.
www.usdoj.gov /osg/briefs/1986/sg860005.txt   (1458 words)

  
 TITLE 15 , CHAPTER 71 , Sec. 4501.
15 U.S.C. et seq.) or the Economic Stabilization Act of 1970 (and the regulations issued thereunder) as restitution for actual or alleged violations of such Acts or regulations; and
(B) any amount of such funds determined at any time, pursuant to judicial or administrative proceedings (including any settlement agreement or declaratory judgment) instituted by the Secretary to enforce such Acts and regulations, to be amounts paid for such actual or alleged violations, including any such amounts held in escrow by any court.
Subject to subsections (b) and (c) of this section, the amounts covered by subsection (a) of this section shall be held in appropriate escrow accounts administered for the Secretary by the Secretary of the Treasury.
www.thecre.com /fedlaw/legal12q/uscode15-4501.htm   (308 words)

  
 law.com - Alpha Rehnquist
And yet former acting solicitor general Walter Dellinger III has already called it "the Rosetta stone for understanding the Rehnquist Court." Dellinger's reason for saying that has less to do with the six-page opinion, written by Thurgood Marshall for the eight-justice majority, than with the 11-page solitary dissent by then-associate justice William Rehnquist.
In the modern climate of relaxed regulation of the private sector, the law that the Court upheld in Fry -- the Economic Stabilization Act of 1970 -- itself seems quaint, harkening back to a time when Congress and Republican presidents felt muscular about controlling the economy.
Marshall made short work of the challenge, noting that in deliberations over the act, Congress had specifically rejected an amendment that would have exempted state employees from the pay freeze.
www.law.com /jsp/article.jsp?id=1039054519036   (1469 words)

  
 National Emergency and the Erosion of Private Property Rights: Newsroom: The Independent Institute
When citizens were guaranteed such extensive freedom of contract, governments had little ability to fix prices and wages, restrict hours or other conditions of employment, compel collective bargaining, regulate the locations of enterprises, or set aside the terms of private agreements; nor did governments have much justification for increasing the burden of taxation.
After the end of the Korean War, even though economic and political conditions in the United States were often as normal as possible in an age of Cold War and nuclear weapons, the government continued to use a fictitious emergency rationale to augment its statutory power—and thereby to diminish the scope of private property rights.
Robert Higgs is Senior Fellow in Political Economy at The Independent Institute, author of Resurgence of the Warfare State, Against Leviathan and Crisis and Leviathan, and editor of the scholarly quarterly journal, The Independent Review.
www.independent.org /tii/news/870100Higgs.html   (8423 words)

  
 Fuel Prices Chronology
Due to the continuing Asian economic crisis, South Korea's refiners have reportedly cut operations to around 80 percent of capacity.
Vladimir Putin becomes Acting President, and presidential elections will be held within 90 days, with a date to be set by the State Duma.
Plans to develop the area were derailed in 1990 by the Outer Banks Protection Act, which required extensive environmental analysis by the Department of the Interior before drilling would be permitted.
www.npr.org /news/specials/oil/gasprices.chronology.html   (17838 words)

  
 99-3065 -- Alabama, et al. V. U.S. States Dept. Of Energy -- 11/05/1999
That litigation concerned the proper disbursement of over $1 billion in overcharge funds collected by DOE pursuant to crude oil price controls imposed under the Economic Stabilization Act of 1970 ("ESA") and the Emergency Petroleum Allocation Act of 1973 ("EPAA").
At the center of the present case is a decision by the Department of Energy not to seek from Chevron some $500 million, which Appellants maintain should then be disbursed under the FSA.
(11) under section 211 of the Economic Stabilization Act of 1970; (12) of an appeal under section 5 of the Emergency Petroleum Allocation Act of 1973." Among the relevant provisions of the ESA and the EPAA were the crude oil price controls, which formed the basis for the controversy resolved by the FSA.
www.kscourts.org /ca10/cases/1999/11/99-3065.htm   (3598 words)

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