Reading Room Document

Emergency Proclamations of 1950 and 1971, upon which E.O. 11810 relies, were not prompted by the same conditions which call for the presently contemplated controls [opinion re: implementation of export controls on Soviet grain commodities]

The document is a letter from Antonin Scalia, Assistant Attorney General, to the Secretary of the Treasury, discussing the imposition of mandatory export controls on grain commodities. Scalia believes that such controls can be lawfully imposed under Executive Order 11810, but also suggests issuing a new Emergency Proclamation to strengthen the legal position. The letter raises questions about the form and legality of specific proposals for the imposition and administration of the controls, as well as the potential implications of issuing a new Emergency Proclamation.

October 7, 1974