Quote:
(21) This directive:
(b) Shall not be construed to impair or otherwise affect (i) the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals, or (ii) the authority of the Secretary of Defense over the Department of Defense, including the chain of command for military forces from the President, to the Secretary of Defense, to the commander of military forces, or military command and control procedures; and
(c) Is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
(22) Revocation. Presidential Decision Directive 67 of October 21, 1998 ("Enduring Constitutional Government and Continuity of Government Operations"), including all Annexes thereto, is hereby revoked.
(23) Annex A and the classified Continuity Annexes, attached hereto, are hereby incorporated into and made a part of this directive.
Quote:
United States
Further information: Insurrection Act
In the United States, there are several methods for government response to emergency situations. The President, as head of the executive branch, has the authority to declare a state of emergency. A state governor or even a local mayor may declare a state of emergency within his or her jurisdiction. This is quite common at the state level in response to natural disasters. At the federal level, the National Emergencies Act limits the President's ability to declare emergencies by requiring that they expire within two years unless specifically extended, and that the President specify in advance which legal provisions will be invoked. The International Emergency Economic Powers Act allows for the freezing of assets, limiting of trade, and confiscation of property during such an emergency. A federal emergency declaration allows the United States Federal Emergency Management Agency (FEMA) to exercise its power to deal with emergency situations; federal assistance also becomes available to areas that are declared to be in a state of emergency. For FEMA, emergency declarations are different from the more common disaster declarations done for hurricanes and floods. Typically, a state of emergency empowers the executive to name coordinating officials to deal with the emergency and to override normal administrative processes regarding the passage of administrative rules.
The United States is officially in an ongoing state of emergency which began on January 24, 1995 with the signing of Executive Order 12947 by President Bill Clinton. In accordance with the National Emergencies Act, the executive order's actual effect was not a declaration of a general emergency, but a limited embargo on trade with "Terrorists Who Threaten To Disrupt the Middle East Peace Process."[7] This "national emergency" was expanded in 1998 to include additional targets such as Osama bin Laden[8], and has been continued to at least 2008 by order of President George W. Bush.[9] There are a number of other ongoing national emergencies of this type, referenced at [10] and [11], regarding for instance diamond trade with Sierra Leone. Especially noteworthy is the state of emergency declared on September 14, 2001 through Bush's Proclamation 7463, regarding the terrorist attacks of September 11, 2001. This emergency continues through at least September, 2007.[12]
The courts in the United States are often very lenient in allowing almost any action to be taken in the case of such a declared emergency, if it is reasonably related. For example, habeas corpus is the right to challenge an arrest in court. The U.S. Constitution says, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." The Constitution also provides an exemption from the privilege of a grand jury hearing for cases arising in the military when in service in a time of "public danger." These are the only emergency provisions in the Constitution.
Habeas corpus was suspended on April 27, 1861 during the American Civil War by Abraham Lincoln in parts of midwestern states, including southern Indiana. He did so in response to demands by generals to set up military courts to rein in "copperheads", or those in the Union who supported the Confederate cause. Lambdin P. Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court in 1864. However, their execution was not set until May 1865, so they were able to argue the case after the Civil War. It was decided in the Supreme Court case Ex Parte Milligan 71 US 2 1866 that the suspension was unconstitutional because civilian courts were still operating, and the Constitution (according to the Court) only provided for suspension of habeas corpus if these courts are actually forced closed.
The Supreme Court ruling in Youngstown Sheet & Tube Co. v. Sawyer established that Presidents may not act arbitrarily during an emergency. In 1976 the National Emergencies Act set a limit of two years on emergency declarations unless the president explicitly extends them.
GAM (The Kilted One) wrote:Gay? No, but vegetarian diets have been proved to increase lesbian birth rates if memory serves me.
Anyhow: Emor8T:
Quote:
United States
Further information: Insurrection Act
In the United States, there are several methods for government response to emergency situations. The President, as head of the executive branch, has the authority to declare a state of emergency. A state governor or even a local mayor may declare a state of emergency within his or her jurisdiction. This is quite common at the state level in response to natural disasters. At the federal level, the National Emergencies Act limits the President's ability to declare emergencies by requiring that they expire within two years unless specifically extended, and that the President specify in advance which legal provisions will be invoked. The International Emergency Economic Powers Act allows for the freezing of assets, limiting of trade, and confiscation of property during such an emergency. A federal emergency declaration allows the United States Federal Emergency Management Agency (FEMA) to exercise its power to deal with emergency situations; federal assistance also becomes available to areas that are declared to be in a state of emergency. For FEMA, emergency declarations are different from the more common disaster declarations done for hurricanes and floods. Typically, a state of emergency empowers the executive to name coordinating officials to deal with the emergency and to override normal administrative processes regarding the passage of administrative rules.
The United States is officially in an ongoing state of emergency which began on January 24, 1995 with the signing of Executive Order 12947 by President Bill Clinton. In accordance with the National Emergencies Act, the executive order's actual effect was not a declaration of a general emergency, but a limited embargo on trade with "Terrorists Who Threaten To Disrupt the Middle East Peace Process."[7] This "national emergency" was expanded in 1998 to include additional targets such as Osama bin Laden[8], and has been continued to at least 2008 by order of President George W. Bush.[9] There are a number of other ongoing national emergencies of this type, referenced at [10] and [11], regarding for instance diamond trade with Sierra Leone. Especially noteworthy is the state of emergency declared on September 14, 2001 through Bush's Proclamation 7463, regarding the terrorist attacks of September 11, 2001. This emergency continues through at least September, 2007.[12]
The courts in the United States are often very lenient in allowing almost any action to be taken in the case of such a declared emergency, if it is reasonably related. For example, habeas corpus is the right to challenge an arrest in court. The U.S. Constitution says, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." The Constitution also provides an exemption from the privilege of a grand jury hearing for cases arising in the military when in service in a time of "public danger." These are the only emergency provisions in the Constitution.
Habeas corpus was suspended on April 27, 1861 during the American Civil War by Abraham Lincoln in parts of midwestern states, including southern Indiana. He did so in response to demands by generals to set up military courts to rein in "copperheads", or those in the Union who supported the Confederate cause. Lambdin P. Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court in 1864. However, their execution was not set until May 1865, so they were able to argue the case after the Civil War. It was decided in the Supreme Court case Ex Parte Milligan 71 US 2 1866 that the suspension was unconstitutional because civilian courts were still operating, and the Constitution (according to the Court) only provided for suspension of habeas corpus if these courts are actually forced closed.
The Supreme Court ruling in Youngstown Sheet & Tube Co. v. Sawyer established that Presidents may not act arbitrarily during an emergency. In 1976 the National Emergencies Act set a limit of two years on emergency declarations unless the president explicitly extends them.
More info, but Op-ed: http://www.shadowmonkey.net/news/latest/13-year-old-state-of-emergency.html
Either way, the problem with creating this state of emergency is that it isn't likely to end, and Gilligan just gave himself and the executive branch a boat load more powers... The problem is that with the new Pro-Conservative Republican courts, basically any power the White House wants to afford itself, it can, and basically, the courts are going to allow it because they're no longer an independant body, most of them are so in bed with the GOP that they're farting "Suck it, Whigs."
GAM (The Kilted One) wrote:Aww.. but you loved it when we went to Sachs looking for pink cowboy boots.
Yeah... I effed that up... Meant Marin8r...
KevinP (Stabby McShankyou) wrote:and this is why I'm pro gun.
not because I want to kill people or animals. but to defend myself and hopefully one-day be part of the violent overthrow of the U.S. Government.
Viva La Revolucion!!!!
KevinP (Stabby McShankyou) wrote:and this is why I'm pro gun.
not because I want to kill people or animals. but to defend myself and hopefully one-day be part of the violent overthrow of the U.S. Government.
Viva La Revolucion!!!!
Emor8t wrote:KevinP (Stabby McShankyou) wrote:and this is why I'm pro gun.
not because I want to kill people or animals. but to defend myself and hopefully one-day be part of the violent overthrow of the U.S. Government.
Viva La Revolucion!!!!
Yea.... that's a long way from happening. I'm going to venture to say violent government overthrow is probably 30 years away if at all.
Please, stay home.