You would be surprised the amount of people who do not know about the
National Emergency
Act and what it means to them once a
National Emergency has been declared like the current effort blaming H1N1.
Quote from Wikipedia : National Emergency Act
The National Emergencies Act (50 U.S.C. 1601-1651) is a United States federal law passed in 1976 to stop open-ended states of national emergency and
formalize the power of Congress to provide certain checks and balances on the emergency powers of the President.
The act sets a limit of two years on states of national emergency.
It also imposes certain "procedural formalities" on the President when invoking such powers.
The perceived need for the law arose from the scope and number of laws granting special powers to the executive in times of national emergency (or
public danger).
At least two constitutional rights are subject to revocation during a state of emergency:
The right of habeas corpus, under Article 1, Section 9;
The right to a grand jury for members of the National Guard when in actual service, under Fifth Amendment.
In addition, many provisions of statutory law are contingent on a state of national emergency, as many as 500 by one count.
It was due in part to concern that a declaration of "emergency" for one purpose should not invoke every possible executive emergency power that
Congress in 1976 passed the National Emergencies Act.
Among other provisions, this act requires the President to declare formally a national emergency and to specify the statutory authorities to be used
under such a declaration.
There were 32 declared national emergencies between 1976 and 2001.
Most of these were for the purpose of restricting trade with certain foreign entities under the International Emergency Economic Powers Act (IEEPA)
(50 U.S.C. 1701-1707).
Under
Title 50 the following are outlined :
Quote from Wikipedia : Title 50
Title 50 of the United States Code outlines the role of War and National Defense in the United States Code.
Chapter 1: Council of National Defense
Chapter 2: Board of Ordnance and Fortification
Chapter 3: Alien Enemies
Chapter 4: Espionage
Chapter 4a: Photographing, Sketching, Mapping, Etc., Defensive Installations
Chapter 4b: Disclosure of Classified Information
Chapter 4c: Atomic Weapons and Special Nuclear Materials Information Rewards
Chapter 5: Arsenals, Armories, Arms, And War Material Generally
Chapter 6: Willful Destruction, Etc., Of War Or National-Defense Material
Chapter 7: Interference With Homing Pigeons Owned by United States
Chapter 8: Explosives; Manufacture, Distribution, Storage, Use, And Possession Regulated
Chapter 9: Aircraft
Chapter 10: Helium Gas
Chapter 11: Acquisition Of And Expenditures On Land For National-Defense Purposes
Chapter 12: Vessels In Territorial Waters of United States
Chapter 13: Insurrection
Chapter 14: Wartime Voting by Land and Naval Forces
Chapter 15: National Security
Chapter 16: Defense Industrial Reserves
Chapter 17: Arming American Vessels
Chapter 18: Air-Warning Screen
Chapter 19: Guided Missiles
Chapter 20: Wind Tunnels
Chapter 21: Abaca Production
Chapter 22: Uniform Code of Military Justice
Chapter 22a: Representation Of Armed Forces Personnel Before Foreign Judicial Tribunals
Chapter 23: Internal Security
Chapter 24: National Defense Facilities
Chapter 25: Armed Forces Reserve
Chapter 26: Gifts for Defense Purposes
Chapter 27: Reserve Officer Personnel Program
Chapter 28: Status of Armed Forces Personnel Appointed to Service Academies
Chapter 29: National Defense Contracts
Chapter 30: Federal Absentee Voting Assistance
Chapter 31: Advisory Commission on Intergovernmental Relations
Chapter 32: Chemical and Biological Warfare Program
Chapter 33: War Powers Resolution
Chapter 34: National Emergencies
Chapter 35: International Emergency Economic Powers
Chapter 36: Foreign Intelligence Surveillance
Chapter 37: National Security Scholarships, Fellowships, and Grants
Chapter 38: Central Intelligence Agency Retirement and Disability
Chapter 39: Spoils of War
Chapter 40: Defense Against Weapons of Mass Destruction
Chapter 41: National Nuclear Security Administration
Chapter 42: Atomic Energy Defense Provisions
Chapter 43: Preventing Weapons of Mass Destruction Proliferation and Terrorism
Cornell : CHAPTER 34—NATIONAL EMERGENCIES
Chapter 34 (1601-1651 under National Security Act) speak about the definite design and limitations of the National Security Act.
Quote from : Cornell University : Chapter 34 - National
Emergencies
*SUBCHAPTER I—TERMINATING EXISTING DECLARED EMERGENCIES
1601a and 1601b
*SUBCHAPTER II—DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
1621a and 1621b
1622
*SUBCHAPTER III—EXERCISE OF EMERGENCY POWERS AND AUTHORITIES
1632
*SUBCHAPTER IV—ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESIDENT
1641
*SUBCHAPTER V—APPLICATION TO POWERS AND AUTHORITIES OF OTHER PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER
1651
I began this thread because of the topic of
National Emergency being prevalent on ATS.
As well the threads below and any others which may be supplied by other ATS'ers.
Obama Declares National Medical Emergency on H1N1 Flu
Could THIS be the reason for the H1N1 "National Emergency"? (Bank related...)
Bush Declares National Emergency? why?