Yes, America is Still in an Official State of Emergency
Source: Washington's Blog
A reader asked whether the U.S. is still in an official
state of emergency, and if so, what that means.
The answer is yes, we are still in a state of emergency.
Specifically:
On September 11, 2001, the government declared a state of
emergency. That declared state of emergency was formally put in writing on
9/14/2001:
"A national emergency exists by reason of the terrorist
attacks at the World Trade Center, New York, New York, and the Pentagon, and the
continuing and immediate threat of further attacks on the United States.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United
States of America, by virtue of the authority vested in me as President by the
Constitution and the laws of the United States, I hereby declare that the
national emergency has existed since September 11, 2001 . . . ."
That declared state of emergency has continued in full
force and effect from 9/11 [throughout the Bush administration] to the present.
On September 10 2009, President Obama continued the state
of emergency:
The terrorist threat that led to the declaration on
September 14, 2001, of a national emergency continues. For this reason, I have
determined that it is necessary to continue in effect after September 14, 2009,
the national emergency with respect to the terrorist threat.
Does a State of Emergency Really Mean Anything?
Does a state of emergency really mean anything?
Yes, it does:
The Washington Times wrote on September 18, 2001:
"Simply by proclaiming a national emergency on Friday,
President Bush activated some 500 dormant legal provisions, including those
allowing him to impose censorship and martial law."
Is the Times correct? Well, it is clear that pre-9/11
declarations of national emergency have authorized martial law. For example, as
summarized by a former fellow for the Hoover Institution and the National
Science Foundation, and the recipient of numerous awards, including the Gary
Schlarbaum Award for Lifetime Defense of Liberty, Thomas Szasz Award for
Outstanding Contributions to the Cause of Civil Liberties, Lysander Spooner
Award for Advancing the Literature of Liberty and Templeton Honor Rolls Award on
Education in a Free Society:
In 1973, the Senate created a Special Committee on the
Termination of the National Emergency (subsequently redesignated the Special
Committee on National Emergencies and Delegated Emergency Powers) to investigate
the matter and to propose reforms. Ascertaining the continued existence of four
presidential declarations of national emergency, the Special Committee (U.S.
Senate 1973, p. iii) reported:
"These proclamations give force to 470 provisions of
Federal law. . . . taken together, [they] confer enough authority to rule the
country without reference to normal constitutional processes. Under the powers
delegated by these statutes, the President may: seize property; organize and
control the means of production; seize commodities; assign military forces
abroad; institute martial law; seize and control all transportation and
communications; regulate the operation of private enterprise; restrict travel;
and, in a plethora of particular ways, control the lives of all American
citizens."
(Most or all of the emergency powers referred to by the
above-quoted 1973 Senate report were revoked in the late 1970's by 50 U.S.C.
Section 1601. However, presidents have made numerous declarations of emergency
since then, and the declarations made by President Bush in September 2001 are
still in effect).
It is also clear that the White House has kept substantial
information concerning its presidential proclamations and directives hidden from
Congress. For example, according to Steven Aftergood of the Federation of
American Scientists Project on Government Secrecy:
"Of the 54 National Security Presidential Directives issued
by the [George W.] Bush Administration to date, the titles of only about half
have been publicly identified. There is descriptive material or actual text in
the public domain for only about a third. In other words, there are dozens of
undisclosed Presidential directives that define U.S. national security policy
and task government agencies, but whose substance is unknown either to the
public or, as a rule, to Congress."
As former United States congressman Dan Hamburg wrote in
October:
While ... Congress and the judiciary, as well as public
opinion, “can restrain the executive regarding emergency powers,” nothing of the
sort has occurred.
Under the 1976 National Emergencies Act (50 U.S.C.
1601-1651), Congress is required to review presidentially declared emergencies.
Specifically, “not later than six months after a national emergency is declared,
and not later than the end of each six-month period thereafter that such
emergency continues, each House of Congress shall meet to consider a vote on a
joint resolution to determine whether that emergency shall be terminated.” Over
the past eight years, Congress has failed to obey its own law, a fact that casts
doubt on the legality of the state of emergency.
As far as public opinion is concerned, how many Americans
are even aware that a state of emergency even exists. For that matter, how many
members of Congress know? ...
The Obama administration is essentially arguing that the
United States is currently in a state of resisting foreign invasion a full eight
years after the attacks of 9/11!
This is ludicrous. [Dr. Harold C. Relyea, a specialist in
national government with the Congressional Research Service (CRS) of the Library
of Congress] argues that Congress and the judiciary, as “co-equal branches of
constitutional government,” serve as a check on the executive power. As we have
seen, Congress has either been shut out of this process, or, as in so many
cases, it has capitulated. Dr. Relyea then offers that public opinion can
restrain the executive. But the public doesn’t even know they’re living under a
state of emergency. The media doesn’t report it, and the government is certainly
not in the business of providing information that might raise the hackles of
real Americans.
It’s time for the American people to rise to this
challenge. Write your member of Congress, and your senators. Tell them to obey
their own laws. Tell them to end this phony and treacherous state of emergency
that imperils the freedom of us all.
Hamburg's must-read article also discusses the suspension
of Possse Comitatus, the operation of Northcom inside the U.S., and the refusal
of the Department of Homeland Security to provide information on the state of
emergency to Congress or even to Congress members on the Homeland Security
committee with the highest security clearances.
The Affect of a State of Emergency on the Economy and
Business
The continuous state of emergency in effect from September
2001 to the present may have had a substantial affect on the economy and
business.
For example, as Reuters noted last week:
U.S. securities regulators originally treated the New York
Federal Reserve's bid to keep secret many of the details of the American
International Group bailout like a request to protect matters of national
security, according to emails obtained by Reuters.
The national security claim may seem outlandish, but it is
nothing new.
As Business Week wrote on May 23, 2006:
President George W. Bush has bestowed on his intelligence
czar, John Negroponte, broad authority, in the name of national security, to
excuse publicly traded companies from their usual accounting and
securities-disclosure obligations.
In other words, national security has been discussed for
years as a basis of keeping normal accounting and securities-related disclosures
secret. While "national security" and a state of "national emergency" may not be
exactly the same, they are variations of a single theme - an existential threat
to our nation - which has dominated American since September 11.
Similarly, Congressman Brad Sherman, Congressman Paul
Kanjorski and Senator James Inhofe all say that the government warned of martial
law if Tarp wasn't passed.
Last year:
•Senator Leahy said "If we learned anything from 9/11, the
biggest mistake is to pass anything they ask for just because it's an emergency"
•The New York Times wrote:
"The rescue is being sold as a must-have emergency measure
by an administration with a controversial record when it comes to asking
Congress for special authority in time of duress."
***
Mr. Paulson has argued that the powers he seeks are
necessary to chase away the wolf howling at the door: a potentially swift
shredding of the American financial system. That would be catastrophic for
everyone, he argues, not only banks, but also ordinary Americans who depend on
their finances to buy homes and cars, and to pay for college.
Some are suspicious of Mr. Paulson’s characterizations,
finding in his warnings and demands for extraordinary powers a parallel with the
way the Bush administration gained authority for the war in Iraq. Then, the
White House suggested that mushroom clouds could accompany Congress’s failure to
act. This time, it is financial Armageddon supposedly on the doorstep.
“This is scare tactics to try to do something that’s in the
private but not the public interest,” said Allan Meltzer, a former economic
adviser to President Reagan, and an expert on monetary policy at the Carnegie
Mellon Tepper School of Business. “It’s terrible.”
Most of the Fed and Treasury's looting of America to funnel
trillions in bailouts, loans, guarantees, and other favors to the too big to
fails was done under the justification of an "emergency".
I don't know whether the official declaration of a "state
of emergency" in effect from September 2001 to today was directly used for
financial looting. But again, the fear of an existential threat to our country
was used to justify the looting.
Congress Has the Power to Revoke the State of Emergency
A note to Congressional staffers: Congressman Hamburg is
right. Congress does have the power to revoke the state of emergency.
Specifically, the National Emergencies Act, 50 U.S.C.
Sections 1601-1651 (passed in 1976), gives Congress the power to countermand a
presidential declaration of national emergency. Indeed, in 1976, Congress
rescinded all of the declarations of national emergency made since World War II,
as many of them had been on the books for years and were giving the executive
unrestricted powers which were undermining the Constitution.
In 1983, the Supreme Court struck down a portion of
Congress' power to countermand a declaration of national emergency. But Congress
got around that ruling by amending the National Emergencies Act in 1985 to
confirm Congress' power to countermand - through a joint resolution between the
House and Senate - a declaration of emergency by the president (see this).
Moreover, in 2007, the Bush Administration tried to ignore
the National Emergencies Act by issuing National Security and Homeland Security
Presidential Directive 51. But that dog won't hunt. The Constitution does not
allow the president to unilaterally cut Congress out of the picture.
http://www.washingtonsblog.com/2010/02/yes-america-is-still-in-official-state.html