Was a US National State of Emergency declared (again) on Thursday,

[Ghost Dog]

or am I misreading this?

For Immediate Release
Office of the Press Secretary
June 26, 2008

Executive Order: Continuing Certain Restrictions with Respect to North Korea and North Korean Nationals

RSS Feed White House News

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code,

I, GEORGE W. BUSH, President of the United States of America, find that the current existence and risk of the proliferation of weapons-usable fissile material on the Korean Peninsula constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and I hereby declare a national emergency to deal with that threat. I further find that, as we deal with that threat through multilateral diplomacy, it is necessary to continue certain restrictions with respect to North Korea that would otherwise be lifted pursuant to a forthcoming proclamation that will terminate the exercise of authorities under the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.) (TWEA) with respect to North Korea.

/... http://www.whitehouse.gov/news/releases/2008/06/20080626-4.html

[Poll_Blind]

1. I haven't looked into this but I don't think the Natl. Emergency from 2001 was ever lifted!

PB

[Arctic Dave]

2. I'm not a lawyer but that does sound like a

emergency declaration to me. What does he plan to do with it is my question.

[Ghost Dog]

5. Well, that Title 3, Section 301 of the US Code reads:

§ 301. General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President

(1) any function which is vested in the President by law, or

(2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

/... http://en.wikisource.org/wiki/United_States_Code/Title_3/Chapter_4

[Ghost Dog]

6. On the National Emergencies Act (50 U.S.C. 1601-1651) wikipedia explains:

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 Congressional checks and balances on Presidential emergency powers. 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, and provides a means for Congress to countermand a Presidential declaration of emergency and associated use of emergency 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 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.

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.

There were 32 declared national emergencies between 1976 and 2001. (Ref. 3) Most of these were for the purpose of restricting trade with certain foreign entities under the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701-1707). A notable exception was the "Declaration of National Emergency by Reason Of Certain Terrorist Attacks" by President George W. Bush (September 14, 2001), which cited nine specific authorities related to military personnel matters, such as calling up of reserves and exceeding strength limits. Contrary to concerns expressed at the time (e.g., Ref. 1), this declaration has not been cited as supporting any other emergency powers, although different arguments have been made for other emergency powers for which no declaration of emergency was ever made public under the National Emergencies Act: see NSA warrantless surveillance controversy.

/... http://en.wikipedia.org/wiki/National_Emergencies_Act

[Ghost Dog]

7. So I guess this is supposed to be routine?

:shrug:

[Arctic Dave]

11. I guess so.

Shrug.

[ingac70]

3. WTF?!

:scared:

[beevul]

4. What the hell? N/T

[Make7]

8. I think that is just legal jargon....

Unless this also was a declaration of a US National State of Emergency:

Executive Order 13129 of July 4, 1999

Blocking Property and Prohibiting Transactions With the
Taliban

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)("IEEPA"), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America, find that the actions and policies of the Taliban in Afghanistan, in allowing territory under its control in Afghanistan to be used as a safe haven and base of operations for Usama bin Ladin and the Al-Qaida organization who have committed and threaten to continue to commit acts of violence against the United States and its nationals, constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and hereby declare a national emergency to deal with that threat.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1999_register&docid=fr07jy99-146.pdf#page=3

-Make7

[DJ13]

9. Its a means to circumvent the lifting of trade restrictions negotiated with NK

The lifting of restrictions was the carrot used to get NK to dismantle their nuclear program.

Its no surprise that Bush wouldnt honor his word, is it?

[Arctic Dave]

12. Oh, ok, I get it now.

Thanks for the insight.

[Ghost Dog]

13. Understood. Thanks to all!

:smoke:

[jtrockville]

10. Does this mean he can suspend elections?

[MonkeyFunk]

14. No