Word: Post constitutional America

Unbeknownst to most Americans the United States is presently under thirty presidential declared states of emergency. They confer vast powers on the Executive Branch including the ability to financially incapacitate any person or organization in the United States, seize control of the nation’s communications infrastructure, mobilize military forces, expand the permissible size of the military without congressional authorization, and extend tours of duty without consent from service personnel. Declared states of emergency may also activate Presidential Emergency Action Documents and other continuity-of-government procedures which confer powers on the President, such as the unilateral suspension of habeas corpus—that appear fundamentally opposed to the American constitutional order. Although the National Emergencies Act, by its plain language, requires the Congress to vote every six months on whether a declared national emergency should continue, Congress has done only once in the nearly forty year history of the Act. — Patrick Thronson, Michigan Journal of Law (2013, Vol 46).