I know that other than a short period of time from the mid 70's to the 80's we have in a presidentially declared perpetual "state of emergency". What I don't know and am having trouble finding is details on what this means. Does a president need approval or can s/he unilaterally declare a "state of emergency"? What are the specific powers granted a sitting president during a "state of emergency"?
This is indeed a very concerning, and controversial, subject. Far too many leaders in modern world history have used conflicts as a pretext to consolidate their own extraconstitutional dictatorial power. Many books have been written about this subject, and there exists many legal ambiguities about what the exact legal restrictions would be to limit the extent of a president/prime minister's power during war time.
I found this website which directly addresses Presidential Powers in Times of Emergency but I'm not sure how valid it is and it alludes to vast and far reaching powers but doesn't explicitly identify what they are. On the same topic, what about executive orders. It seems to me executive orders were originally intended for innocuous administrative purposes but have become a tool for sitting presidents to bypass the legislative process and create law without supervision - basically rule by decree. Are Executive orders as implemented by modern presidents legal? What if any controls or restrictions are executive orders subject to? May executive orders contradict existing law? I guess what I'm really curious about are what are the powers granted the Executive Branch of government and has the Executive Branch of Government exceeded the ability of the other two branches of government to balance this power? Can a sitting President assume dictatorial power arbitrarily by declaring a state of emergency or grant himself dictatorial powers via Executive Order?
I don't think I am wrong. Mulitple sources note that our nation had unwittingly been in a perpetual state of emergency from 1950 until 1976 when congress passed the National Emergencies Act which requires the POTUS to conform to an official process to declare a state of emergency and limits the declaration to 2 years. I'm not an expert on these matters which is why I am asking questions. I do however find your tin-foil hat reference offensive as well as ignorant as you appear to be the one who is misinformed. If I am mistaken, please provide a referenced correction rather than insults coupled with childish assertions - "you're wrong, no you're wrong, no I'm not - you are!!!". If I want to engage in this type of dialogue I can speak with my children.
Neither do flat-earthers, Holocaust deniers, and people who think the Earth is 6000 years old. Doesn't make you right. And even if that were true (despite these mystery "multiple sources" not being cited to here), that's not what you claimed in your OP. What you claimed in your OP was the following: Ok. And I answered you. You haven't shown that I'm misinformed yet. You made the original claim. You provided zero evidence of that original claim. Until you provide support for your original claim, I don't have any burden of evidence.
Okay, this isnt a contest and no, Im not wrong, I was trying to be polite and keep you from making an ass of yourself. As for burden of proof, you alluded that I am either lying or ignorant yea, I think if you insult someone you should prove you know what youre talking about. It is fair to politely request references when someone makes outrageous claims or quotes esoteric sources, which I have arguably done neither since the information stated - other than a short period of time from the mid 70s to the 80s we have been in a presidentially declared perpetual state of emergency. - is readily available from reliable sources with a simple google search. In verifying my statement however, I realized I am incorrect; since the 'state of emergency' declared by Truman in 1950, although rendered ineffective by congress - "returning to dormancy the statuatory authorities they had activated, thereby necessitating a new declaration to activate stanby statutory emergency authorities" - was technically still in effect when another 'state of emergency' was declared by EO 12170 to address Blocking Iranian Government Property in November of 1979. So, we have actually been in a perpetual 'state of emergency' from 1933 to the present day. As for it being presidentially declared, that is the only way a national 'state of emergency' may be declared. As for looking it up, I'm not your (*)(*)(*)(*)(*) So do it yourself or have one of your paralegals do it for you.
PS: Next time you answer someone, especially in such a belligerent manner, you might first make sure you have a clue what you're talking about.
Still haven't seen any evidence for your claim in the OP. You're not understanding the problem here. You made the OP. It is your job to substantiate the claims in the OP. Until you have done so, the discussion is at a standstill because no one else has any responsibility to prove anything. And it's a patently outrageous claim. Which you say is available from reliable sources, and yet you have spent an inordinate amount of time telling me how easy it is to prove, instead of just proving it. That's not how debate works. You make a claim, it's your job to prove it.
Instead of spending your finite time and resources making snide insults, why don't you simply prove your claims? The fact that you attack me instead of proving your claims tends to suggest, to someone who has studied logic, that your claims are unfounded.
Um, who attacked who? I asked some open ended questions in earnest and am still hopeful others may ignore this initial salvo and engage in a thoughtful discussion. If you wanted to know my source you could have just asked rather than insulting me. You're still throwing insults insinuating I don't understand critical thinking. I reiterate, before you randomly insult people you don't know, perhaps you should consider they may have an idea what they're talking about. Sometimes people do engage in conversations without acting like a pompous ass. I don't need to prove anything to you, I know what I'm talking about. You on the other hand are making an ass of yourself and wilth a little research or for heavens sakes a couple googles should be able to figure that out for yourself. You want my source? Apologize and ask nicely, otherwise - here put the dots together for yourself National Emergency Powers: A Selected Bibliography Articles Bowman, Mary M. C., Presidential Emergency Powers Related to International Economic Transactions. Vanderbilt Journal of Transactional Law, vol. 11, Summer 1978: 515-534. Culp, Maurice S., Executive Power in Emergencies. Michigan Law Review, vol. 31, June 1933: 1066-1096. Fuller, Glenn E., The National Emergency Dilemma: Balancing the Executives Crisis Powers with the Need for Accountability. Southern California Law Review, vol. 52, July 1979: 1453-1511. Genovese, Michael A., Democratic Theory and the Emergency Powers of the President. Presidential Studies Quarterly, vol. 9, Summer 1979: 283-289. Klieman, Aaron S., Preparing for the Hour of Need: Emergency Powers in the United States. Review of Politics, vol. 41, April 1979: 235-255. Preparing for the Hour of Need: The National Emergencies Act. Presidential Studies Quarterly, vol. 9, Winter 1979: 47-64. Miller, Arthur S., Constitutional Law: Crisis Government Becomes the Norm. Ohio State Law Journal, vol. 39, 1978: 736-751. Relyea, Harold C., Emergency Powers, in Katy J. Harriger, ed., Separation of Powers: Documents and Commentary. Washington, DC: CQ Press, 2003, pp. 80-97. Speakers, Presidents, and National Emergencies, in The Cannon Centenary Conference: The Changing Nature of the Speakership, H.Doc. 108-204, Washington, GPO, 2004, pp. 195-217. Stretch Points of the Constitution: National Emergency Powers, in Ralph S. Pollock, ed., Renewing the Dream: National Archives Bicentennial 87 Lectures on Contemporary Constitutional Issues. Lanham, MD: University Press of America, 1986, pp. 75-91. Robinson, Donald L., The Routinization of Crisis Government. Yale Review, vol. 63, Winter 1974: 161-174. Roche, John P., Executive Power and Domestic Emergency: The Quest for Prerogative. Western Political Quarterly, vol. 5, December 1952: 592-618. Rossiter, Clinton L., Constitutional Dictatorship in the Atomic Age. Review of Politics, vol. 11, October 1949: 395-418. CRS-21 Sturm, Albert L., Emergencies and the Presidency. Journal of Politics, vol. 11, February 1949: 121-144. Books Corwin, Edward S., Total War and the Constitution. New York: Alfred A. Knopf, 1947. 162 p. Janeway, Eliot, The Economics of Crisis: War, Politics, and the Dollar. New York: Weybright and Talley, 1968. 317 p. Koenig, Louis W., The Presidency and the Crisis: Powers of the Office from the Invasion of Poland to Pearl Harbor. New York: Kings Crown Press, 1944. 166 p. Murphy, Paul L., The Constitution in Crisis Times 1918-1969. New York: Harper and Row, 1972. 541 p. Randall, James G., Constitutional Problems Under Lincoln. Urbana, IL: University of Illinois Press, 1951. 596 p. Rankin, Robert S. and Winfred Dallmayr, Freedom and Emergency Powers in the Cold War. New York: Appleton-Century-Crofts, 1964. 277 p. Rich, Bennett Milton, The Presidents and Civil Disorder. Washington: The Brookings Institution, 1941. 235 p. Rockoff, Hugh, Drastic Measures. New York: Cambridge University Press, 1984. 285 p. Rossiter, Clinton L., Constitutional Dictatorship. New York: Harcourt, Brace, and World, 1963. 322 p. Smith, J. Malcolm, and Cornelius P. Cotter, Powers of the President During Crisis. Washington: Public Affairs Press, 1960. 175 p. Documents U.S. Congress, House Committee on International Relations, Trading with the Enemy: Legislative and Executive Documents Concerning Regulation of International Transactions in Time of Declared National Emergency. Committee print, 94th Cong., 2nd sess. Washington: GPO, 1976. 684 p. U.S. Congress, Senate Committee on Government Operations and Special Committee on National Emergencies and Delegated Emergency Powers, The National Emergencies Act: (Public Law 94-412). Source Book: Legislative History, Texts, and Other Documents. Committee print, 94th Cong., 2nd sess. Washington: GPO, 1976. 360 p. CRS-22 Senate Special Committee on National Emergencies and Delegated Emergency Powers, A Brief History of Emergency Powers in the United States, by Harold C. Relyea. Committee print, 93rd Cong., 2nd sess. Washington: GPO, 1974. 140 p. Executive Orders in Times of War and National Emergency. Committee print, 93rd Cong., 2nd sess. Washington: GPO, 1974. 283 p. National Emergencies and Delegated Emergency Powers. S.Rept. 94-922, 94th Cong., 2nd sess. Washington: GPO, 1976. 38 p. Senate Special Committee on the Termination of the National Emergency, Emergency Powers Statutes. S.Rept. 93-549, 93rd Cong., 1st sess. Washington: GPO, 1973. 607 p. National Emergency. Hearings, 93rd Cong., 1st sess. April 11, 12, July 24, and November 28, 1973. Washington: GPO, 1973. 917 p. U.S. Federal Emergency Management Agency, Emergency Executive Authorities. Washington: September 30, 1992. 131 p.
