In fact the United States operated under a continuous state of emergency from 1933 until 1976, according to By Order Of The President by Phillip J. Cooper.
To correct this ridiculous situation Congress passed The National Emergencies Act (50 U.S.C. 1601–1651) in 1976 to stop open-ended states of national emergency and formalize Congressional checks and balances on Presidential emergency powers. 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, and provides a means for Congress to countermand a Presidential declaration of emergency and associated use of emergency 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). Constitutional protections are subject to revocation during a state of emergency including the right of habeas corpus.
In addition, many provisions of statutory law – as many as 500 by one count – are contingent on a state of national emergency. According to a 1990 report to Congress 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 communication, regulate the operation of private enterprise, restrict travel, and, in a variety of ways, control the lives of United States citizens.
A popular penalty in recent presidential edicts has been to block property transfers of any offenders. There is never a mention of due process, of course. When it comes to executive privilege justice is not only blind but deaf and dumb.
A big part of the problem is the assumed "executive powers" by presidents who want to act like kings (naturally). From the founding of this nation, American presidents have developed and used various types of presidential or executive "directives." The best-known directives are executive orders and presidential proclamations, but many other documents have a similar function and effect. Presidential directives have been raised to dangerous levels by Presidents William Clinton and George W. Bush. Another excellent reference in this area is With A Stroke of the Pen by Kenneth R. Mayer. It includes a quote from a Clinton advisor which described the strategy: "Stroke of the pen . . . . law of the land. Kind of cool."
Is that what we elect our representatives to Congress for?
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