Bush doesn't need to create an emergency. The emergency which was enacted after 9-11 is being renewed every year.
uscode.house.gov...
excerpt from above document: (through 2005)
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY PROC. NO. 7463
Notice of President of the United States, dated Sept. 8, 2005, 70
F.R. 54229, provided:
Consistent with section 202(d) of the National Emergencies Act
(50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency I declared on September 14, 2001, in Proclamation 7463
[set out above], with respect to 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.
By Executive Order 13223 of September 14, 2001 [10 U.S.C. 12302
note] and Executive Order 13253 of January 16, 2002 [10 U.S.C.
12302 note], I delegated authority to the Secretary of Defense and
the Secretary of Transportation to order members of the Reserve
Components to active duty and to waive certain statutory military
personnel requirements. By Executive Order 13235 of November 16,
2001 [10 U.S.C. 2808 note], I delegated authority to the Secretary
of Defense to exercise certain emergency construction authority. By
Executive Order 13286 of February 28, 2003 [6 U.S.C. 111 note], I
transferred the authority delegated to the Secretary of
Transportation in Executive Order 13223 to the Secretary of
Homeland Security.
Because the terrorist threat continues, the national emergency
declared on September 14, 2001, and the measures taken on September
14, 2001, November 16, 2001, and January 16, 2002, to deal with
that emergency, must continue in effect beyond September 14, 2005.
Therefore, I am continuing in effect for an additional year the
national emergency I declared on September 14, 2001, with respect
to the terrorist threat. This notice shall be published in the
Federal Register and transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Proc. No.
7463 were contained in the following:
Notice of President of the United States, dated Sept. 10, 2004,
69 F.R. 55313.
Notice of President of the United States, dated Sept. 10, 2003,
68 F.R. 53665.
Notice of President of the United States, dated Sept. 12, 2002,
67 F.R. 58317.
I am looking for the 2006 & 2007 continuations. I heard they exist.