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Author
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Topic: When do we open the country up?
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MEL
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Member # 141
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posted 04-10-2020 07:51 PM
Thanks MM ![[Smile]](smile.gif)
I also agreed with you on another topic on here
Who knows maybe I can convince you to change your strips after all just kidding
Stay safe ...
MEL
Posts: 2796 | From: Greeley, CO, USA | Registered: Sep 1999
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Tiptree
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Member # 844
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posted 04-11-2020 11:16 AM
Ed, there are apparently specified limits to executive power are during a declared "national emergency". There are up to 136 different things that can be done, but 13 of the most sweeping acts require a congressional declaration. There apparently are two types -- it can be declared by the president (as in this case), or it can be declared by Congress. From Wikipedia:
Emergency powers
Congress has delegated at least 136 distinct statutory emergency powers to the President, each available upon the declaration of an emergency. Only 13 of these require a declaration from Congress; the remaining 123 are assumed by an executive declaration with no further Congressional input.[2]
Congressionally-authorized emergency presidential powers are sweeping and dramatic[18], and range from suspending all laws regulating chemical and biological weapons, including the ban on human testing (50 U.S.C. § 1515, passed 1969); to suspending any Clean Air Act implementation plan or excess emissions penalty upon petition of a state governor (42 U.S.C. (f) § 7410 (f), passed 1977); to authorizing and constructing military construction projects (10 U.S.C. (a) § 2808 (a), passed 1982) using any existing defense appropriations for such military constructions ($10.4 billion in FY2018[19]); to drafting any retired Coast Guard officers (14 U.S.C. § 331, passed 1963) or enlisted members (14 U.S.C. § 359, passed 1949) into active duty regardless of ineligibility for Selective Service. This lead the American magazine The Atlantic to observe that "the misuse of emergency powers is a standard gambit among leaders attempting to consolidate power."[18], because, in the words of Justice Robert H. Jackson’s dissent in Korematsu v. United States, the 1944 Supreme Court decision that upheld the internment of Japanese Americans, each emergency power “lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need.”[18]
Invocations
As of March 2020, 60 national emergencies had been declared, with 31 of them being renewed annually. These include the eight that were declared prior to the passage of the 1976 Act.[1][4][20] The longest continuing national emergency dates back to November 1979 by the Carter administration blocking Iranian government property under the International
Emergency Economic Powers Act.[21]
Since passage of the National Emergencies Act in 1976, every U.S. President has declared multiple national emergencies: Carter (2); Reagan: (6); H.W. Bush (4); Clinton (17); W. Bush (12); Obama: (13); Trump (5).[22]
I cannot find the list of 123 powers that Trump can invoke. I will continue to search and get back to you.
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Tiptree
“If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.” Thomas Jefferson
Posts: 13629 | From: Terre Haute, IN | Registered: Sep 2000
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Tiptree
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Member # 844
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posted 04-11-2020 11:59 AM
I found a site that describes the mind-numbingly boring list of 'powers' granted to the President in an emergency.
https://web.archive.org/web/20200401070744/https://www.brennancenter.org/our-work/research-reports/guide-emergency-powers-and-their-use
Almost all of them involve removing restrictions on the military regarding personnel actions and limits. A few deal with agricultural issues. Several have to do with boats/ships. But only one pertains here:
Known as the International Emergency Economic Powers Act (IEEPA), these statutes confer broad authority to regulate financial and other commercial transactions involving designated entities, including the power to impose sanctions on individuals and countries (1977)
to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States” and "with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat”
These powers are exclusively invoked in tandem with the National Emergencies Act and have been invoked in 55 separate emergency declarations since 1978. On average, IEEPA declarations are renewed annually for about 9 years. For a recent example of an invocation of the International Emergency Economic Powers Act, see E.O. 13848, Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election, 83 FR 46843, Sept. 12, 2018. For a comprehensive list of initial emergency declarations invoking IEEPA powers, see here.
Which means, basically, that we could freeze the assets of anyone we want to hold responsible for the Wuhan virus.
Other than that, and the 135 other meaningless provisions (you are free to read them yourself), there is nothing in there that would allow a president to over-rule a governor and order a lock-down of a city.
Thank God we live in a federal republic.
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Tiptree
“If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.” Thomas Jefferson
Posts: 13629 | From: Terre Haute, IN | Registered: Sep 2000
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MEL
Player
Member # 141
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posted 04-11-2020 01:05 PM
Tip thanks for all the work in finding out "stuff"
What about International airports (or all airports for that matter) … obviously any airport can be shut down by the President (see 911). Since they are still open I am guessing that they are exempt to state governors deciding what can be open and closed or is that one that governors have decided to leave open ???
MEL
Posts: 2796 | From: Greeley, CO, USA | Registered: Sep 1999
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Tiptree
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Member # 844
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posted 04-11-2020 01:49 PM
All international airports handle both domestic and international flights. The US Immigration and Custom Enforcement agency can refuse entry to any person or material, and Trump has the authority to ban flights to or from any country. In theory, the FAA controls ALL flights in our airspace, and can shut all of them down.
Airports and ports are unique places, with lots of special rules. They are the main gateways in and out of our country, and since defending our sovereignty is part of the Executive Branch's responsibilities, and control of inter-state commerce is also under the same sphere, airports and flights can be controlled as deemed necessary.
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Tiptree
“If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.” Thomas Jefferson
Posts: 13629 | From: Terre Haute, IN | Registered: Sep 2000
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handycat
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Member # 2323
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posted 04-11-2020 03:34 PM
Tip, unless I completely misunderstood what the President said in his news briefing a couple of days ago, he does not agree. I may not have understood his answer to this question as I admit to not being the sharpest tool in the shed.
Posts: 5414 | From: decatur ill. | Registered: Feb 2005
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MountainMafia
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Member # 2066
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posted 04-11-2020 07:56 PM
I know you get tired of hearing this, hc, but you are right again...Trump does not agree.
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"It's amazing what you can accomplish when nobody cares who gets the credit"....Tubby Smith after winning 1998 National Title.
Posts: 4694 | From: Alabama | Registered: Aug 2003
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MountainMafia
Player
Member # 2066
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posted 04-14-2020 02:46 PM
Trump: "I have absolute authority".
The states: "I don't think so, bro".
Don't know how this is going to play out...may be something, may be nothing...hope it's nothing...last thing we need right now.
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"It's amazing what you can accomplish when nobody cares who gets the credit"....Tubby Smith after winning 1998 National Title.
Posts: 4694 | From: Alabama | Registered: Aug 2003
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