National Emergencies Act
Encyclopedia
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 right
s are subject to revocation during a state of emergency:
In addition, many provisions of statutory law are contingent on a state of national emergency, as many as 500 by one count.http://www.fas.org/sgp/crs/RS21024.pdf
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. http://fpc.state.gov/documents/organization/6216.pdf 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).
informed Congress that the State of National Emergency in effect since September 14, 2001, will be extended another year. The National Emergencies Act grants various powers to the president during times of emergency, and was intended to prevent a president from declaring a state of emergency of indefinite duration.
Title 50 of the United States Code
Title 50 of the United States Code outlines the role of War and National Defense in the United States Code.-External links:*, via United States Government Printing Office*, via Cornell University* Appendix to Title 50, via Cornell University...
1601-1651) is a United States federal law passed in 1976 to stop open-ended states of national emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
and formalize the power of Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to provide certain checks and balances
Separation of powers under the United States Constitution
Separation of powers is a political doctrine originating from the United States Constitution, according to which the legislative, executive, and judicial branches of the United States government are kept distinct in order to prevent abuse of power. This U.S...
on the emergency powers of the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
. 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
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
in times of national emergency (or public danger).
At least two constitutional right
Constitutional right
An inalienable right is a freedom granted by a Nature or the Creator's endowment by birth , and may not be legally denied by that government.-United States:...
s are subject to revocation during a state of emergency:
- The right of habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, under Article 1, Section 9Article One of the United States ConstitutionArticle One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
; - The right to a grand juryGrand juryA grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
for members of the National Guard when in actual service, under Fifth AmendmentFifth Amendment to the United States ConstitutionThe Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
.
In addition, many provisions of statutory law are contingent on a state of national emergency, as many as 500 by one count.http://www.fas.org/sgp/crs/RS21024.pdf
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. http://fpc.state.gov/documents/organization/6216.pdf Most of these were for the purpose of restricting trade with certain foreign entities under the International Emergency Economic Powers Act
International Emergency Economic Powers Act
The International Emergency Economic Powers Act , Title II of , is a United States federal law authorizing the President to regulate commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has a foreign source.-Provisions:In the...
(IEEPA) (50 U.S.C. 1701-1707).
State of National Emergency in effect since September 2001
The United States has been in a state of national emergency continuously since September 14, 2001, when the Bush administration invoked it premised on the September 11 attacks. In September 2010, President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
informed Congress that the State of National Emergency in effect since September 14, 2001, will be extended another year. The National Emergencies Act grants various powers to the president during times of emergency, and was intended to prevent a president from declaring a state of emergency of indefinite duration.
See also
- Continuity of Government Plan
- National Security and Homeland Security Presidential DirectiveNational Security and Homeland Security Presidential DirectiveThe National Security and Homeland Security Presidential Directive , created and signed by United States President George W...
- Rex 84Rex 84Rex 84, short for Readiness Exercise 1984, was a secretive "scenario and drill" developed by the United States federal government to suspend the United States Constitution, declare martial law, place military commanders in charge of state and local governments, and detain large numbers of American...
- Reichstag Fire DecreeReichstag Fire DecreeThe Reichstag Fire Decree is the common name of the Decree of the Reich President for the Protection of People and State issued by German President Paul von Hindenburg in direct response to the Reichstag fire of 27 February 1933. The decree nullified many of the key civil liberties of German...