Did Obama just break the Law, under the National Emergencies Act?

An article by Kurt Nimmo of InfoWars took the worry a step further, wondering if the White House's declaration engaged certain measures of the National Emergencies Act:

President Obama announced today that he has a declared a "national emergency" over the H1N1 virus, a phrase with an ominous sound, but with little explanation offered by the mainstream media.
The Associated Press, for example, merely stated that the declaration removes "bureaucratic roadblocks" and enables officials to "bypass federal rules." Other news outlets were even vaguer, saying the declaration waived federal requirements, but not saying what those requirements govern.
In the void of information, Internet rumors were quick to flame, centering on concerns over how the Obama administration might use the declared emergency to suddenly expand government power.
"Obama just declared H1N1 a national emergency," wrote a WND reader in an email, "Here we go with martial law."
An article by Kurt Nimmo of InfoWars took the worry a step further, wondering if the White House's declaration engaged certain measures of the National Emergencies Act:
"In the weeks ahead," Nimmo writes, "we may witness a move toward martial law, forced vaccination and internment of those who refuse."

www.wnd.com...#


I think we need to take a look at this 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.

en.wikipedia.org...

reply to post by wonderworld

Unfortunately, Obama's call for a national emergency is rather redundant, since the United States has been under a declaration of national emergency since March 9, 1933. That declaration of national emergency was never rescinded:

t is important to note that, according to the War And Emergency Powers Act, the United States has legally been under a state of national emergency since its enactment in 1933. It has never been repealed, thus leaving the president with instant powers to suspend the Constitution.

www.rumormillnews.com...

reply to post by ProfEmeritus


Well that sounds even more scary. If a President had that much power since the 30's, there must be a reason they havent acted on it.

This new statement from Obama that he is declaring a National Emergency is for some procedual reason, maybe to get the troops on US soil, for an unforeseen issue.

In answer to your question, no, Obama didn't break any law. I don't know how you ever reached such a conclusion (or question), based on what you posted.

It has always been the case that public health takes priority over individual rights or freedoms. There is nothing new or ominous about this being the case now. Quarantine, mandatory vaccination, mandatory treatment, and other measures may well be imposed on the public in an effort to stop or minimize the spread of H1N1. The same measures could be imposed for any other infectious disease or public health menace.

This is not news.

reply to post by chiron613


I dont see that this National Emergency meets the criteria for such a bold act. Especially the swine flu. Certainly not yet anyways.

That is a lot of power for one guy to have and it better be handled properly. Are you willing to leave your family and head off to quarantine?

My family has the H1N1 as we speak. Nothing Serious. They go back to school on Monday.

I need to read up more on these current presidential requirements.

reply to post by chiron613


are you for real? Then why didnt they declare a national state of emergency the past 20 years with the regular flu? which has killed more people annualy than this H1N1 flu? This is just another abuse of power.

reply to post by crw2006


I agree there is more here than meets the eye! Check this out,

Prior to Warner and NSPD-51, legislation passed by the Clinton administration allowed the military to intervene in judicial and civilian law enforcement activities. In 1996, legislation was passed which allowed the military to intervene in the case of a national emergency

NDAA specifically mentions “epidemic” as an excuse to declare martial law.

www.infowars.com...#


What good timing!!



www.infowars.com...#

[edit on 24-10-2009 by wonderworld]

NSPD 51 that was signed by Bush gives the power that Obamama has just taken. It also puts this country in imenent danger of martial law and the Fed. running state and local issues.

Just got to get that HealthCare Plan passed. And maybe a couple of other little things, then the emergency will be over. Move along. Nothing to see here.


Pay no attention to that man behind the curtain.

reply to post by Ahabstar


Oh man the man behind the curtain ... i love that analogy... I absolutely agree its a front... just like every legislation or presidential action since 911 has been ... i hate to say it because i dont fully agree with myself yet but its been a long time coming hasnt it?

Originally posted by L.HAMILTON
NSPD 51 that was signed by Bush gives the power that Obamama has just taken. It also puts this country in imenent danger of martial law and the Fed. running state and local issues.

That's the problem the States are at the mercy of one man. We can make no changes to his orders. At least with a state emergency we ask for it. This is the entire nation!

My doctor said a flu clinic will be going to my kids school. It beter not be mandatory.

It would be bad to come out of this with a 22% inflation rate. Something is going on.

Originally posted by Ahabstar
Just got to get that HealthCare Plan passed. And maybe a couple of other little things, then the emergency will be over. Move along. Nothing to see here.


Pay no attention to that man behind the curtain.

I was thinking about that too. Can he sign and approve the healthcare bill, without the house and Senate? Perhaps out of an unforeseen procedural necessity and dire need, based on false pretenses?

reply to post by conspiracyrus


It's the perfect plan to meet their warped agenda. I find this whole thing extremely unethical and unjust. It just doesnt meet the criteria yet for such an order.

The tanks will probably be parked at gas stations, grocery stores and banks, rather than hospitals.

reply to post by wonderworld


i said it before ill say it again (though not my words) "The greatest atrocities are committed under the guise of helping the many"

and i mean im torn on the issue. Is it that ive been programmed to think the end is not so nigh? I just cant believe that this is the turning point ... but it may very well be

Originally posted by conspiracyrus
reply to post by wonderworld

 

i said it before ill say it again (though not my words) "The greatest atrocities are committed under the guise of helping the many"

and i mean im torn on the issue. Is it that ive been programmed to think the end is not so nigh? I just cant believe that this is the turning point ... but it may very well be

I have conflicting feelings on this too. We dont know yet what this will turn out like.

It would be nice to think martial law would never happen the way we expect.

It would be wonderful to know our government is truly out to help the flu problem. It's those of us with brains that must use them, in times like these. Is it trust or suspicion ?

My grandfather told me back when he was young no one ever questioned the President. They simply listened and trusted. Wow times have changed.

Originally posted by wonderworld

 

Can he sign and approve the healthcare bill, without the house and Senate? Perhaps out of an unforeseen procedural necessity and dire need, based on false pretenses?

Yes indeed. However there was no need to declare a State of Emergency to do so. One would think his knowledge of law and the Constitution would remember this power of the President.

Section 3. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

bold added for emphasis.

That Presidential power is one that has never really been used unless you want to count Clinton's shutdowns for getting budget submitted for him to sign. But then again, a state of emergency would be an extraordinary occasion by anyone's definition.

And with the legislative body out of the way, a president would be rather free to do as he pleases unless the Supreme Court would also like to do something wholly unconstitutional to stop him.

Essentially, the President has the sole ability to eliminate the checks and balances to his power, can use Executive Orders to make actions legal and has the power to back them by being the Commander in Chief of all armed forces. And what are police offices and paramilitary groups? Yep, armed forces as well.

Let us not forget that one odd statement of needing a civilian force as large and powerful as the US Army. Commander in Chief, indeed.

Law what law? Constitution what Constitution? The people that voted for

obama wanted change they now have change. How do you like the change?




[edit on 25-10-2009 by amari]

You can see what's really behind this here:

Swine flu vaccine - the sinister truth

reply to post by Ahabstar


Wow, you are quite the History/Political buff. Thanks

It's not hard to imagine all the negative consequences that could occur under a National Emergency. It would be nice to know the deadline and that it wont go beyond the 2012 election.

I dont see a lot of possitives, unless they plan to have our armed troops set up military style hospitals with Tamiflu, yet I still dont think this flu meets all the criteria for such a bold order.