Notable Point · 31:39-34:09

Delegation and severability make the Act hard to disable

Rulemaking, delegated administration, limits on force employment, and a severability clause helped the law survive political and legal attack.

Notes

The president could issue regulations and exercise the Act's authority through agencies or officers he designated. The law said it did not change existing rules governing the use of United States land or naval forces except for procurement, repair, information sharing, and other non-command purposes. Its severability clause preserved the rest of the statute if one provision or application was held invalid. The wording appears designed to obstruct neutrality opponents who might try to defeat the entire program through a Supreme Court challenge. Combined with departmental valuation and the ability to redirect available appropriations, the drafting made Lend-Lease legally and fiscally resilient.