The subject came up about FISA, the Patriot Act, et al., provisions, so I scanned the Patriot Act again and War and Emergency Powers Act of 1933.
“Since the War and Emergency Powers Act, every president has usurped lawmaking powers. Their ‘laws’ are called Executive Orders (EOs). These EOs, not our Constitution, are what is governing America today. The War and Emergency Powers Act enables … the president to declare a national emergency, and thereby become a dictator.” (Wiki)
The National Security and Homeland Security Presidential Directive (National Security Presidential Directive/NSPD 51 and Homeland Security Presidential Directive/HSPD-20)” also known as the “National Continuity Policy” was signed May 9, 2007, by President George W. Bush. This assigns all power to the executive branch in the case of a catastrophic emergency.
Once a state of emergency is declared by Congress, the Constitution is effectively thrown out the window. The bad part is, we have state of emergency declarations that are still in effect from 1971. The state of emergency of 1933 was not ended by Congress until ~1952. As long as there is a state of emergency in effect, no matter how old, the president can effectively bypass Congress whenever he wants. At the point the Congress issues a state of emergency, we effectively live in a dictatorship.
The best part is that, once the president had asserted this power, the Congress and the Judiciary are defunct and can no longer impeach him or declare the acts upon which his dictatorial power based unconstitutional. This is an issue that we must address now in Congress. Along with presidential signing statements and executive privilege, we have given GWB all the tools he needs to seize control of our government.
Then there’s Blackwater, a mercenary army that has thousands of troops serving in Iraq at twice the pay of our military and with legal immunity to commit murder and mayhem, accountable to no one. This firm has now purchased FIGHTER JETS. Why would a security firm need FIGHTER JETS? Begs the question, does it not?
So, in short, Congress must move to rescind these acts and end the states of emergency that are currently in effect. At this point, if the Congress tries to impach Bush or Cheney, all Bush has to do is declare that he is asserting his executive power under the state of emergency, and Congress, for all practical purposes, no longer exists. Please DO NOT TAKE MY WORD FOR THIS. Read it for yourself at the links provided above!
Lovely thought, no?