JimBowie1958
Old Fogey
- Sep 25, 2011
- 63,590
- 16,767
The power of a war time President is so huge that I think it is one of the reasons we have not formally declared war on anyone since WW2.
Emergency powers are based on war time martial law powers and authorizes the President to do virtually anything he wants.
Trump has this emergency power in all 50 states now, and I have to admit that I do not like it.
Emergency powers are based on war time martial law powers and authorizes the President to do virtually anything he wants.
Trump has this emergency power in all 50 states now, and I have to admit that I do not like it.
Coronavirus: Trump has declared major disaster in all 50 states at once, first time in history
President Trump issued a major disaster declaration for Wyoming on Saturday, meaning that there is now such a declaration within all 50 states due to the COVID-19 pandemic.
www.foxnews.com
President Trump issued a major disaster declaration for Wyoming on Saturday, meaning that there is now such a declaration within all 50 states due to the COVID-19 pandemic.
It is the first time a president has ever declared a major disaster in all 50 states at once, according to Deputy Press Secretary Judd Deere.
The move comes as confirmed cases of the coronavirus reached at least 519,453 as of Saturday afternoon. At least 20,071 people have died in the U.S. due to the disease, a death toll surpassing the one in hard-hit Italy -- and a figure that has doubled, from 10,000 to more than 20,000, in just five days. Worldwide, confirmed cases have surpassed 1.75 million, and more than 100,000 people have died.
The Alarming Scope of the President's Emergency Powers
From seizing control of the internet to declaring martial law, President Trump may legally do all kinds of extraordinary things.
www.theatlantic.com
Unknown to most Americans, a parallel legal regime allows the president to sidestep many of the constraints that normally apply. The moment the president declares a “national emergency”—a decision that is entirely within his discretion—more than 100 special provisions become available to him. While many of these tee up reasonable responses to genuine emergencies, some appear dangerously suited to a leader bent on amassing or retaining power. For instance, the president can, with the flick of his pen, activate laws allowing him to shut down many kinds of electronic communications inside the United States or freeze Americans’ bank accounts. Other powers are available even without a declaration of emergency, including laws that allow the president to deploy troops inside the country to subdue domestic unrest.
This edifice of extraordinary powers has historically rested on the assumption that the president will act in the country’s best interest when using them. With a handful of noteworthy exceptions, this assumption has held up. But what if a president, backed into a corner and facing electoral defeat or impeachment, were to declare an emergency for the sake of holding on to power? In that scenario, our laws and institutions might not save us from a presidential power grab. They might be what takes us down....
Unlike the modern constitutions of many other countries, which specify when and how a state of emergency may be declared and which rights may be suspended, the U.S. Constitution itself includes no comprehensive separate regime for emergencies. Those few powers it does contain for dealing with certain urgent threats, it assigns to Congress, not the president. For instance, it lets Congress suspend the writ of habeas corpus—that is, allow government officials to imprison people without judicial review—“when in Cases of Rebellion or Invasion the public Safety may require it” and “provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”
Nonetheless, some legal scholars believe that the Constitution gives the president inherent emergency powers by making him commander in chief of the armed forces, or by vesting in him a broad, undefined “executive Power.” At key points in American history, presidents have cited inherent constitutional powers when taking drastic actions that were not authorized—or, in some cases, were explicitly prohibited—by Congress. Notorious examples include Franklin D. Roosevelt’s internment of U.S. citizens and residents of Japanese descent during World War II and George W. Bush’s programs of warrantless wiretapping and torture after the 9/11 terrorist attacks. Abraham Lincoln conceded that his unilateral suspension of habeas corpus during the Civil War was constitutionally questionable, but defended it as necessary to preserve the Union....
Congress passed the National Emergencies Act in 1976. Under this law, the president still has complete discretion to issue an emergency declaration—but he must specify in the declaration which powers he intends to use, issue public updates if he decides to invoke additional powers, and report to Congress on the government’s emergency-related expenditures every six months. The state of emergency expires after a year unless the president renews it, and the Senate and the House must meet every six months while the emergency is in effect “to consider a vote” on termination.
By any objective measure, the law has failed. Thirty states of emergency are in effect today—several times more than when the act was passed. Most have been renewed for years on end. And during the 40 years the law has been in place, Congress has not met even once, let alone every six months, to vote on whether to end them.
As a result, the president has access to emergency powers contained in 123 statutory provisions, as recently calculated by the Brennan Center for Justice at NYU School of Law, where I work. These laws address a broad range of matters, from military composition to agricultural exports to public contracts. For the most part, the president is free to use any of them; the National Emergencies Act doesn’t require that the powers invoked relate to the nature of the emergency. Even if the crisis at hand is, say, a nationwide crop blight, the president may activate the law that allows the secretary of transportation to requisition any privately owned vessel at sea. Many other laws permit the executive branch to take extraordinary action under specified conditions, such as war and domestic upheaval, regardless of whether a national emergency has been declared.