ShadowMonkey - YANE (Yet Another National Emergency)

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YANE (Yet Another National Emergency)

Monday, 25 June 2007

So, here we go once again. President George W. Bush, seeing that certain organizations and/or persons in the Western Balkans pose an "unusual and extraordinary threat to the national security and foreign policy of the United States," has declared that he is "continuing for 1 year the national emergency with respect to the Western Balkans."

Oh, goodness. Look out! It's the Western Balkanites coming! One if by land, two if by sea, and all that jazz!

Here's the President's June 22 declaration in full:

Continuation of the National Emergency With Respect to the Western Balkans

On June 26, 2001, by Executive Order 13219, I declared a national emergency with respect to the Western Balkans pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions of persons engaged in, or assisting, sponsoring, or supporting (i) extremist violence in the Republic of Macedonia and elsewhere in the Western Balkans region, or (ii) acts obstructing implementation of the Dayton Accords in Bosnia or United Nations Security Council Resolution 1244 of June 10, 1999, in Kosovo. I subsequently amended that order in Executive Order 13304 of May 28, 2003.

Because the actions of persons threatening the peace and international stabilization efforts in the Western Balkans continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared on June 26, 2001, and the measures adopted on that date and thereafter to deal with that emergency, must continue in effect beyond June 26, 2007. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to the Western Balkans.

This notice shall be published in the Federal Register and transmitted to the Congress.

(Presidential Sig.)

THE WHITE HOUSE,

June 22, 2007.

The powers of a President during a period of declared emergency are incredible, and can include the suspension of rights such as habeus corpus, which protects against unlawful imprisonment, and the Posse Comitatus Act, which forbids the use of the military against U.S. citizens. Other possible powers which can fall under the umbrella of 'national emergency' include the declaration of martial law and the seizure of property and possessions. The introduction of a 1973 U.S. Senate report on emergency powers stated the following about the powers of a President during a time of declared emergency:

"This vast range of powers, taken together, confer enough authority to rule the country without reference to normal constitutional processes. Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens."

Make no mistake about it, folks... the above paragraph should scare the hell out of you. Living in a constant state of emergency is not only self-contradictory, it is antithetical to our American way of life and form of government. The ability of any person to assume and continue such powers within a nation of free people must be closely watched and regulated -- a function the Congress and the judiciary seem less and less willing to do.

Are we really in a state of emergency? Yes, we are. But I'm beginning to think the problem is not only terrorists, but those within our own government who would usurp powers not theirs or stand sheepishly by while others do the usurping.

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