Anonymous ID: 43216e March 13, 2020, 9:24 a.m. No.8401397   🗄️.is 🔗kun   >>1439 >>1471 >>1479 >>1556 >>1583 >>1798 >>1943 >>2054

For anons interested in reading up on National Emergencies and the Powers of the Executive (Trump), here's a possible starting point (links to related info, including National Emergencies Act, in article)

 

Emergency Powers

 

https://www.law.cornell.edu/wex/emergency_powers

 

FTA:

 

Overview

The Constitution does not expressly grant the President additional war powers or other powers in times of national emergency. However, many scholars think that the Framers implied these powers because the structural design of the Executive Branch enables it to act faster than the Legislative Branch. Nevertheless, because the Constitution remains silent on the issue, the Judiciary cannot grant these powers to the Executive Branch when it tries to wield them. The courts will only recognize a right of the Executive Branch to use emergency powers if Congress has granted such powers to the President.

 

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National Emergencies Act

In 1976, Congress enacted the National Emergencies Act, codified at 50 U.S.C. §§ 1601-51, in response to the continued existence of four declared national emergencies, the oldest of which had been in place for forty years. The Act did not revoke the outstanding emergency declarations, but instituted an expiration date on existing declared emergencies, barring further action. It also provided for a variety of termination methods, including the automatic termination of a national emergency upon its anniversary every year, if the President does not act to renew it.

 

For example, the state of emergency declared in Proclamation 7463 in response to the September 11 terrorist attacks was due to terminate most recently on September 14, 2016. However, President Obama continued the state of emergency past that date by following procedure established in the National Emergencies Act.

 

The four national emergencies that the Act was meant to address were:1

 

The 1933 banking crisis, in which President Roosevelt renewed the national emergency declaration of the Act of March 9, 1933 via Executive Order 6102 and prohibited the hoarding of gold.

The 1950 Korean War communism scare, in which President Truman declared a national emergency via Proclamation 2914.

The 1970 postal workers strike, in which President Nixon declared a national emergency via Proclamation 3972 and threatened to delivery mail in New York using the National Guard.

The 1971 inflation emergency, in which President Nixon declared a national emergency via Proclamation 4074 and imposed a temporary surcharge on imports to "strengthen the international economic position of the United States."