POLICE & THE USE OF DEADLY FORCE: DURING A DECLARED NATIONAL EMERGENCY
Only sworn and authorized police are the only agencies (Federal, State & County) in government that are authorized to use deadly force to compel people (or groups) to obey the law. This is an awesome power and responsibility delegated to the police officer-one which has been abused over and over; and during a national emergency could raise the abuses to higher statistical numbers. Therefore, the U.S. Constitution and state constitutions have precedence over these matters and interpretations too.
Example: Remember, anything federal is a limited jurisdiction in capacity and/or application. Federal jurisdiction is limited in scope, authority and power and via subject matter jurisdiction Like the FBI for statutory federal crimes or federal laws authorized by Congress. All other powers are conferred to the State government body-not the local governments either. The (Anglo-Saxon) framers invested more power and authority in times of crises to the local and state governments-not the federal Why? Great Britain's harsh treatment under the British crown. Government….
ALWAYS REMEMBER FEDERAL IS LIMITED JURISDICTION-AT ALL TIMES. This is why a federal government agency will share jurisdictions with a state, county or local government to have more power and authority in that area.; usually under a Memorandum of Understanding (MOU) which is not legally binding.
NATIONAL EMERGENCY POWERS: U.S. Presidential & Congressional Powers
The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis,exigency, or emergency circumstances (other than natural disasters, war, or near-war situations).
The Coronavirus (COVID-19) is a declared emergency or natural disaster under the U.S. Constitution per constitutional interpretation, so the U.S. Congress and the congressional body has oversight powers in this matter.
Ex: the U.S. The President is usually the spokesperson or in the public's eye; but the U.S. Congress and the Congressional body approved the financial budget through a committee. The “Pandemic” classification made this a congressional matter. When the COVID-19 was a crisis, the sitting U.S. The President has power and authority to direct other federal agencies to take actions via Executive Orders ( are not constitutional); but have the effect of law. But now this involves the nation-at-large...the U.S. Congress has oversight, power and authority to act in any congressional matter.
FEDERAL & STATUTORY LAWS (PASSED BY CONGRESS)
The National Emergencies Act (50 U.S.C. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, to provide Congress a means to countermand the President’s declaration ( or abuse or unlawful) and the activated authority being sought.
On three occasions, Presidents have activated Title 10, Section 2808, of the United States Code (10 U.S.C. §2808)—one of the standby authorities available to a President when he declares a national emergency or subsequently issues a related executive order or proclamation. Upon being activated, Section 2808 is notable for permitting, under certain conditions, the use of military construction (MILCON) funds for a declared national emergency.
Most recently, President Donald J. Trump invoked Section 2808 upon declaring an emergency involving the southern border of the United States. Congress has not always been effective in thwarting a sitting President’s powers.
HISTORY OF PRESIDENTIAL POWERS AND HIS ABUSES
Opposed to this view of the presidency was former President Theordore Roosevelt’s former Secretary of War, William Howard Taft, his personal choice for and actual successor as Chief Executive. He viewed the presidential office in more limited terms, writing “that the President can exercise no power which cannot be fairly and reasonably traced to some specific grant of power or justly implied and included within such express grant as proper and necessary to its exercise.” In his view, such a “specific grant must be either in the Federal Constitution or in an act of Congress passed in pursuance thereof. There is,” Taft concluded, “no undefined residuum of power which he can exercise because it seems to him to be in the public interest.” Between these two views of the presidency lie various gradations of opinion, resulting in perhaps as many conceptions of the office as there have been holders. One authority has summed up the situation in the following words:
Emergency powers are not solely derived from legal sources. The extent of their invocation and use is also contingent upon the personal conception which the incumbent of the Presidential office has of the Presidency and the premises upon which he interprets his legal powers. In the last analysis, the authority of a President is largely determined by the President himself.
For example: during former Presidents Wilson and Roosevelt presidencies, a major procedural development occurred in the exercise of emergency powers—use of proclamations to declare a national emergency and thereby activate all standby statutory provisions delegating authority to the President during a national emergency.
The first such national emergency proclamation was issued by President Wilson on February 5, 1917. Promulgated on the authority of a statute establishing the U.S. Shipping Board, the proclamation concerned water transportation policy. It was statutorily terminated, along with a variety of other wartime measures, on March 3, 1921 by congressional oversight.
President Franklin D. Roosevelt issued the next national emergency proclamation some 48 hours after assuming office.29 Proclaimed March 6, 1933, on the somewhat questionable authority of the Trading with the Enemy Act of 1917, the proclamation declared a “bank holiday” and halted a major class of financial transactions by closing the banks. Congress subsequently gave specific statutory support for the Chief Executive’s action with the passage of the Emergency Banking Act on March 9.
Example: Upon signing this legislation into law, the President issued a second banking proclamation, based upon the authority of the new law, continuing the bank holiday until it was determined that banking institutions were capable of conducting business in accordance with new banking policy.
THE NATIONAL EMERGENCIES ACT
As enacted, the National Emergencies Act consisted of five titles. The first of these generally returned all standby statutory delegations of emergency power, activated by an outstanding declaration of national emergency, to a dormant state two years after the statute’s approval. However, the act did not cancel the 1933, 1950, 1970, and 1971 national emergency proclamations, because the President issued them pursuant to his Article II constitutional authority. Nevertheless, it did render them ineffective by returning to dormancy the statutory authorities they had activated, thereby necessitating a new declaration to activate standby statutory emergency authorities.
Title II provided a procedure for future declarations of national emergency by the President and prescribed arrangements for their congressional regulation. The statute established an exclusive means for declaring a national emergency. Emergency declarations were to terminate automatically after one year unless formally continued for another year by the President, but they could be terminated earlier by either the President or Congress. Originally, the prescribed method for congressional termination of a declared national emergency was a concurrent resolution adopted by both houses of Congress. This type of “legislative veto” was effectively invalidated by the Supreme Court in 1983.
The National Emergencies Act was amended in 1985 to substitute a joint
resolution as the vehicle for rescinding a national emergency declaration. When declaring a national emergency, the President must indicate, according to Title III, the powers and authorities being activated to respond to the exigency at hand. Certain presidential accountability and reporting requirements regarding national emergency declarations were specified in Title IV, and the repeal and continuation of various statutory provisions delegating emergency powers was accomplished in Title V.
NEVER FORGET HISTORY: AND PASS THIS KNOWLEDGE ON….Below, see each national emergency declared since 1976:
Jimmy Carter
EO 12170 - Blocking Iranian Government Property (ACTIVE)
EO 12211 - Further Prohibitions on Transactions with Iran (ENDED)
Ronald Reagan
EO 12170 - Blocking Iranian Government Property (ACTIVE)
EO 12211 - Further Prohibitions on Transactions with Iran (ENDED)
EO 12444 - Continuation of Export Control Regulations (ENDED)
EO 12470 - Continuation of Export Control Regulations (ENDED)
EO 12513 - Prohibiting Trade and Certain Other Transactions Involving Nicaragua (ENDED)
EO 12532 - Prohibiting Trade and Certain Other Transactions Involving South Africa (ENDED)
EO 12543 - Prohibiting Trade and Certain Transactions Involving Libya (ENDED)
EO 12635 - Prohibiting Certain Transactions with Respect to Panama (ENDED)
George H.W. Bush
EO 12730 - Continuation of Export Control Regulations (ENDED)
EO 12722 - Blocking Iraqi Government Property and Prohibiting Transactions with Iraq (ENDED)
EO 12775 - Prohibiting Certain Transactions with Respect to Haiti (ENDED)
EO 12808 - Blocking Yugoslav Government Property and Property of the Governments of Serbia and Montenegro (ENDED)
EO 12735 - Chemical and Biological Weapons Proliferation (ENDED)
Bill Clinton
EO 12923 - Continuation of Export Control Regulations (ENDED)
EO 12924 - Continuation of Export Control Regulations (ENDED)
Proclamation 6867 - Declaration of a National Emergency and Invocation of Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels (ACTIVE)
EO 12865 - Prohibiting Certain Transactions Involving UNITA (ENDED)
EO 12914 - Prohibiting Certain Transactions with Respect to Haiti (ENDED)
EO 12934 - Blocking Property and Additional Measures With Respect to the Bosnian Serb-Controlled Areas of the Republic of Bosnia and Herzegovina (ENDED)
EO 12947 - Prohibiting Transactions With Terrorists Who Threaten to Disrupt the Middle East Peace Process (ACTIVE)
EO 12957 - Prohibiting Certain Transactions with Respect to the Development of Iranian Petroleum Resources (ACTIVE)
EO 12978 - Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers (ACTIVE)
EO 13047 - Prohibiting New Investment in Burma (ENDED)
EO 13067 - Blocking Sudanese Government Property and Prohibiting Transactions with Sudan (ACTIVE)
EO 13088 - Blocking Property of the Governments of the Federal Republic of Yugoslavia, he Republic of Serbia, and the Republic of Montenegro, and Prohibiting New Investment in the Republic of Serbia in Response to the Situation in Kosovo (ENDED)
EO 13129 - Blocking Property and Prohibiting Transactions with the Taliban (ENDED)
EO 13159 - Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons (ENDED)
EO 13194 - Prohibiting the Importation of Rough Diamonds from Sierra Leone (ENDED)
EO 12868 - Measures to Restrict the Participation by United States Persons in Weapons Proliferation Activities (ENDED)
EO 12930 - Measures to Restrict the Participation by United States Persons in Weapons Proliferation Activities (ENDED)
EO 12938 - Proliferation of Weapons of Mass Destruction (ACTIVE)
George W. Bush
EO 13303 - Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest (ACTIVE)
EO 13222 - Continuation of Export Control Regulations (ACTIVE)
Proclamation 7463 - Declaration of National Emergency by Reason of Certain Terrorist Attacks (ACTIVE)
EO 13219 - Blocking Property of Persons Who Threaten International Stabilization Efforts in the Western Balkans (ACTIVE)
EO 13224 - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (ACTIVE)
EO 13288 - Blocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe (ACTIVE)
EO 13338 - Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria (ACTIVE)
EO 13348 - Blocking Property of Certain Persons and Prohibiting the Importation of Certain Goods from Liberia (ENDED)
EO 13396 - Blocking Certain Property of Certain Persons Contributing to the Conflict in Côte d'Ivoire (ENDED)
EO 13405 - Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus (ACTIVE)
EO 13413 - Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo (ACTIVE)
EO 13441 - Blocking Property of Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions (ACTIVE)
EO 13466 - Continuing Certain Restrictions With Respect to North Korea and North Korean Nationals (ACTIVE)
Barack Obama
Proclamation 8443 - Declaration of a National Emergency With Respect to the 2009 H1N1 Influenza Pandemic (ENDED)
EO 13536 - Blocking Property of Certain Persons Contributing to the Conflict in Somalia (ACTIVE)
EO 13566 - Blocking Property and Prohibiting Certain Transactions Related to Libya (ACTIVE)
EO 13581 - Blocking Property of Transnational Criminal Organizations (ACTIVE)
EO 13611 - Blocking Property of Persons Threatening the Peace, Security or Stability of Yemen (ACTIVE)
EO 13617 - Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons (ACTIVE)
EO 13611 - Blocking Property of Certain Persons Contributing to the Situation in Ukraine (ACTIVE)
EO 13664 - Blocking Property of Certain Persons With Respect to South Sudan (ACTIVE)
EO 13667 - Blocking Property of Certain Persons Contributing to the Conflict in the Central African Republic (ACTIVE)
EO 13692 - Blocking Property and Suspending the Entry of Certain Persons Contributing to the Situation in Venezuela (ACTIVE)
EO 13694 - Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities (ACTIVE)
EO 13712 - Blocking Property of Certain Persons Contributing to the Situation in Burundi (ACTIVE)
Donald Trump
EO 13818 - Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption (ACTIVE)
EO 13848 - Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election (ACTIVE)
EO 13851 - Blocking Property of Certain Persons Contributing to the Situation in Nicaragua (ACTIVE)
Bibliography
Aftergood, Steven. "National Emergencies, and More from CRS." Federation Of American Scientists. February 05, 2019. https://fas.org/blogs/secrecy/2019/02/national-emergencies-crs/.
"The National Emergencies Act of 1976 and Other Emergency Powers." C. https://www.c-span.org/video/?c4780562/national-emergencies-act-1976-emergency-powers.
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