Notes on 22 U.S.C. § 441 : US Code - Notes

Search Notes on 22 U.S.C. § 441 : US Code - Notes

(Nov. 4, 1939, ch. 2, Sec. 1, 54 Stat. 4.)
SHORT TITLE
Section 20 of Joint Res. Nov. 4, 1939, provided that: "This joint
resolution [enacting this subchapter] may be cited as the
'Neutrality Act of 1939'."
REPEALS
Section 19 of Joint Res. Nov. 4, 1939, provided that: "The joint
resolution of August 31, 1935, as amended [sections 245a to 245i of
this title], and the joint resolution of January 8, 1937 [ch. 1, 50
Stat. 3], are hereby repealed; but offenses committed and
penalties, forfeitures, or liabilities incurred under either of
such joint resolutions prior to the date of enactment of this joint
resolution [this subchapter] may be prosecuted and punished, and
suits and proceedings for violations of either of such joint
resolutions or of any rule or regulation issued pursuant thereto
may be commenced and prosecuted, in the same manner and with the
same effect as if such joint resolutions had not been repealed."
Neutrality Act of 1939 not to be deemed repealed or modified in
any manner by Joint Res. May 7, 1940, ch. 185, 54 Stat. 179,
according to section 3 thereof, which resolution amended section
5(b) of the Trading With the Enemy Act, see sections 95a of Title
12, Banks and Banking, and 5(b) of Title 50, Appendix, War and
National Defense, which resolution approved and confirmed Ex. Ord.
No. 8389, amending Ex. Ord. No. 6560, set out in note under section
95a of said Title 12, and regulations and general rulings issued by
Secretary of Treasury under Ex. Ord. No. 8389.
SEPARABILITY
Section 17 of Joint Res. Nov. 4, 1939, provided that: "If any of
the provisions of this joint resolution [this subchapter], or the
application thereof to any person or circumstance, is held invalid,
the remainder of the joint resolution, and the application of such
provision to other persons or circumstances, shall not be affected
thereby."
PURPOSE OF AND RIGHTS RESERVED UNDER SUBCHAPTER
The purpose of Joint Res. Nov. 4, 1939, was expressed in the
first three paragraphs of the act as follows:
"Whereas the United States, desiring to preserve its neutrality
in wars between foreign states and desiring also to avoid
involvement therein, voluntarily imposes upon its nationals by
domestic legislation the restrictions set out in this joint
resolution [this subchapter]; and
"Whereas by so doing the United States waives none of its own
rights or privileges, or those of any of its nationals, under
international law, and expressly reserves all the rights and
privileges to which it and its nationals are entitled under the law
of nations; and
"Whereas the United States hereby expressly reserves the right to
repeal, change or modify this [this subchapter] or any other
domestic legislation in the interests of the peace, security or
welfare of the United States and its people."