National Emergencies Act

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 rights are subject to revocation during a state of emergency:

• The right of habeas corpus, under Article 1, Section 9;
• The right to a grand jury for members of the National Guard when in actual service, under Fifth Amendment.

In addition, many provisions of statutory law are contingent on a state of national emergency, as many as 500 by one count.[1]

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. [2] 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).

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 2011, President Barack Obama informed Congress that the State of National Emergency in effect since September 14, 2001, will be extended another year.^[1] The National Emergencies Act grants various powers to the president during times of emergency,^[2] and was intended to prevent a president from declaring a state of emergency of indefinite duration.^[3]

See also

• Continuity of Government Plan
• National Security and Homeland Security Presidential Directive
• Rex 84
• Reichstag Fire Decree

References

1. ^ White House Press Office, 2011 Sept. 9, "Message from the President Regarding the Continuation of the National Emergency with Respect to Certain Terrorist Attacks" http://www.whitehouse.gov/the-press-office/2011/09/09/message-president-regarding-continuation-national-emergency-respect-cert
2. ^ Title 50 United States Code, Chapter 34
3. ^ Anti-War, 2010 Sept. 11, "Obama Extends Bush’s 9/11 State of Emergency: America to Enter Tenth Year of 'Emergency' Next Week," http://news.antiwar.com/2010/09/10/obama-announces-state-of-emergency-extension/

Bibliography

• F.J. Murray, "Wartime Presidential Powers Supersede Liberties," Washington Times, Sept. 18, 2001, pp. A1, A12, as quoted in Ref. 2.
• H.C. Relyea, "Martial Law and National Emergency", Congressional Research Service Report for Congress RS21024, updated January 7, 2005: http://www.fas.org/sgp/crs/RS21024.pdf.
• H.C. Relyea, "National Emergency Powers", Congressional Research Service Report for Congress, order code 98-505 GOV, updated September 18, 2001: http://fpc.state.gov/documents/organization/6216.pdf.
• H.C. Relyea, "National Emergency Powers", Congressional Research Service Report for Congress, order code 98-505 GOV, updated November 13, 2006: http://www.fas.org/sgp/crs/natsec/98-505.pdf.