The subject came up about the Patriot Act 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)http://epic.org/privacy/terrorism/hr3162.htmlLink
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.
Lovely thought, no?