I hereby declare a national emergency

[thod]

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So the US is now in a state of national emergency.

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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 protections 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 5th Amendment of the Bill of Rights.
In addition, many provisions of statutory law -- as many as 500 by one count (ref. 1) -- are contingent on a state of national emergency.



Would some Americans explain this to me. Does it mean that Bush has performed a coup bypassing congress and taking all power to himself? Removing all rights from citizens etc?

Could this be because he wants to attack Iran before the election and the democrats in the other houses may want to stop him?

I am not so familiar with American politics.

[kevintr]

From reading the nwes relese this is about an embargo agenst North Koria that hasent been ratified by congress. The president can't make laws, only congress makes laws, of course the president can find a congress men who agrees with him to introduce a bill in congress for consideration as a law.

Habious corpus is the right to a lawer duringing questioning, and to not answer questions.

A grand jury determins if there is sufficant evidence to charge and hold someone for trial.

One of the two I'm pritty shure says you must be charged withen 48 hours of being arrested. If no charges are to be filed you must be realised withen 72 hours.

If these were suspended I beleave the order would have to expressly say so.

The president can attack any one without congressinal approval, but in order to engage in long term military action he needs congerssanal approval. I don't think a state of emergincy will change this.

[mkay]

Does it mean that Bush has performed a coup bypassing congress and taking all power to himself?

IMO, Bush did this a long time ago and the country let him quash many of our rights because people are stupid and easily manipulated by fear.

[PHS Philip]

From reading the nwes relese this is about an embargo agenst North Koria that hasent been ratified by congress. The president can't make laws, only congress makes laws, of course the president can find a congress men who agrees with him to introduce a bill in congress for consideration as a law.

Habious corpus is the right to a lawer duringing questioning, and to not answer questions.

A grand jury determins if there is sufficant evidence to charge and hold someone for trial.

One of the two I'm pritty shure says you must be charged withen 48 hours of being arrested. If no charges are to be filed you must be realised withen 72 hours.

If these were suspended I beleave the order would have to expressly say so.

The president can attack any one without congressinal approval, but in order to engage in long term military action he needs congerssanal approval. I don't think a state of emergincy will change this.

Habeas Corpus means that you cannot be held without being charged. When it's suspended, they can do things like Guantanamo Bay, where you are held indefinitely without being charged, and without access to a judge to order your release.

Also, didn't North Korea release their documents right after this, and so the state of emergency was dropped?

[kevintr]

Also, didn't North Korea release their documents right after this, and so the state of emergency was dropped?

Early in the news relese it states that is a continuation of a previous state of emergincy. I think North Koria is just ignoring this. At this point the state of emergincy will probably be renewed ad.infintum until North Koria shows it has disbanded it's nukes or congress cares enough to block a renewal.

The Wikipedia artical says in 1976 the presidents right to impose a state of emergincy was limited to two years. This was because of the "emergicy" intervintion in Vietnam, Technically we wern't at war because congress was never asked to declare war.

[deusexmachina]

IMO, Bush did this a long time ago and the country let him quash many of our rights because people are stupid and easily manipulated by fear.

Ding ding ding! "Here, do anything you need to do...just protect us!!"

"Those who would give up liberty for a little security deserve neither"-- Benjamin Franklin