The Lend-Lease Act: Structure

    The Lend-Lease Act: Structure

      Legal Document

      Oh, legal documents. Can't live with 'em, can't live without 'em, but like death and taxes, you can't avoid them.

      In a way, this isn't the worst thing. Legal docs like laws and acts help to keep societies orderly (even if sometimes things get a little too orderly.)

      The Lend-Lease Act is no exception to this rule. Given the circumstances of balancing American isolationism with the needs of the British and the threat of the Germans, it was actually kind of pulling double duty when it came to keeping things in line, making it the best example of this rule. The structure of Lend-Lease reflects its necessity to be precise and toe the line.

      Like most legal documents, it's divided into sections that themselves contain subsections. For example, we have Section 5, which is broken down into paragraphs "a" and "b." Not so tricky. However, there are other sections that require a bit of specificity when it comes to what is being explained. Then things get a little more complicated. For example, part "a" of section 3 has additional sub-sections 1-5—and some of those subsection also contain numbers.

      Gah.

      While this may seem like the authors intended to confuse the bejeezus out of anyone who didn't have a fancy international law degree, the opposite is actually true. The government officials who drafted the Lend-Lease Act included all of these subsection breakdowns to make sure that what they were trying to say was absolutely crystal clear. All of those paragraphs within paragraphs and special clauses were intended to prevent any creative interpretations of the document from undermining its true purpose.

      How it Breaks Down

      Section 1: An Act to Promote the Defense of the United States

      This Is a Law. Here Is Its Name.

      Oh, hey. This section is brief (some might even say terse) introduction to the text. What it lacks in being warm and fuzzy, it makes up for by being super direct. It not only tells us what the bill is called ("An Act to Promote the Defense of the United States"), but it also straight up tells us that it's a bill. The title is pretty self-explanatory, too.

      Section 2: Legal Definitions

      Let's Define Some Terms...

      This act is going to talk about some specific issues, and in doing so, it's gonna define some specific terms. Section 2 is all about making sure everyone is clear about what "Defense Articles" and "Defense Information" actually references. Ironically, the definitions of both were written in such a way that basically anything and everything could fall into one or the other category.

      Section 3: What the President can and cannot do

      Let's Set Some Limits...

      This hefty chunk covers a lot of territory.

      First, it give the president the authority to order delivery of provisions and war materials to nations that are fighting the Axis powers. It does not give the president free rein to willy-nilly send yo-yos and pickles as gag gifts to Britain and Russia (Stalin wasn't known for his great sense of humor). No, instead he has to first get the okay from his buds, the Chief of Staff of the Army and the Chief of Naval Operations of the Navy (or both).

      This section also sets a cap on the amount of money the President can spend on this endeavor (a cool $1.3 billion). The government's pockets aren't bottomless, after all. They're just really deep. This president is also giving permission to share special information with other nations that would normally be classified, and he's given the responsibility to arrange Lend-Lease deals with other nations however he sees fit.

      However, just like the funds are limited, so is the duration of the Lend-Lease Act. We have two dates presented here. The first is an expiration date for the bill itself, which is June 30th, 1943. The second is an expiration date for the deals that the president makes with other nations, which is July 1st, 1946.

      Finally, the writers of this act slip in a couple of important clauses to make sure the U.S. isn't accidentally dragged into war.

      Section 4: Non-Transfer Clause

      Once We Lend Something to a Country, They're the Only Ones Allowed to Use It

      This part is just simple courtesy. It states that the war supplies delivered to a specify nation must be used by that nation and not passed onto a third-party nation no matter how much they like sloppy seconds.

      Section 5: Reporting Clause

      Everything Must Be Accounted For

      When you're shipping, oh, guns and stuff, it's probably a good idea to keep track of everything.

      This section requires that both the agencies that are shipping off goods, and the president himself, take responsibility for knowing and reporting everything that is delivered to another nation as part of Lend-Lease. That is, unless it's a secret.

      Section 6: The Money Clause

      Money Money, Money, Mo-ney…

      This part says that once the money for this "project to save the world" has been allocated, it's there to be used for, well, saving the world. If any money happens to be made, it filters back into the kitty.

      Section 7: Patent Protection

      Don't Be Stiffing Any Americans

      A basic but important inclusion, Section 7 ensure that patent protected materials used in the war will remain legally protected, and the respective patent holders will receive payment for the use of their designs.

      Section 8: Purchase of Weaponry

      It's All in the Give and Take

      Once the U.S. is in cahoots with a nation through Lend-Lease, it is allowed to buy and sell war materials with and to that nation as needed.

      Section 9: Rule-Making

      You Can Make Them Up as You Go Along

      In a way, this section suggests that maybe Lend-Lease is kind of an experiment because, despite the restrictions on his power, the president is given permission to change and improve the conditions of Lend-Lease as the war develops.

      Section 10: The Non-Law-Changing Clause

      Or, the "This Law Isn't a Declaration of War" Clause

      Remember those Neutrality Acts? Yeah, they're not over, and nor is this Act a violation of their terms, because no one is declaring war here. No siree, nope. It's just a reconsideration of some of its restrictions so that the U.S. can give guns and bombs away like candy to the Allies.

      Section 11: Standard Disclaimer

      The Cover-Ya-Bum Clause

      If your toe is broken, does that mean the rest of you stops working? No. Same logic applies here—if, for some reason, part of the Lend-Lease Act ends up being a rotten spot, it's no problem, because the rest of it is still legit.