HISTORY OF PRESIDENTIAL EXECUTIVE POWER ORDERS

A STATE OF NATIONAL EMERGENCY OR INTERNATIONAL EMERGENCY IS A GOVERNMENTAL DECLARATION THAT MAY SUSPEND SOME NORMAL FUNCTIONS OF THE EXECUTIVE, LEGISLATIVE AND JUDICIAL POWERS, ALERT CITIZENS TO CHANGE THEIR NORMAL BEHAVIOR, OR ORDER GOVERNMENT AGENCIES TO IMPLEMENT EMERGENCY PREPAREDNESS PLANS. IT CAN ALSO BE USED AS A RATIONALE FOR SUSPENDING RIGHTS AND FREEDOMS EVEN IF GUARANTEED UNDER THE CONSTITUTION. SUCH DECLARATION USUALLY COMES DURING A TIME OF NATURAL OR MAN MADE DISASTERS DURING PERIODS OF CIVIL UNREST OR FOLLOWING A DECLARATION OF WAR OR SITUATION OF INTERNATIONAL OR INTERNATIONAL ARMED CONFLICT, JUSTITIORM IS ITS EQUIVALENT IN ROMAN LAW "STATE OF NATIONAL EMERGENCY.

PRESIDENT WASHINGTON OUR FIRST PRESIDENT INVOKED A PRESIDENT PROCLAMATION/EXECUTIVE ORDER AUGUST 17, 1794 AND TOOK COMMAND OT THE MILITIA TO PUT DOWN A REBELLION OF WEST PENNSYLVANIA, VIRGINIA, AND THE CAROLINA'S APPOSING TAXES ON WHISKEY.

PRESIDENT LINCOLN WAS THE SECOND PRESIDENT TO SUPERSEDE CONGRESS AND THE CONSTITUTION BY ENACTING A STATE OF NATIONAL EMERGENCY TO MEET THE CHALLENGE OF SECESSION TO SUSPEND HABEAS CORPUS, IMPOSE A NAVEL BLOCKADE AND PROVIDE UNAPPROPRIATED FUNDS FOR THE PURCHASE OF MILITARY EQUIPMENT, AND SEIZE PERSONAL PROPERTY AND LAND USING THE FACT THAT NO STATE UNDER THE UNITED STATES (UNION) UNDER THE CONSTITUTION WERE ALLOWED TO SECEDE FROM THE UNION.

IN 1917 THE PRESIDENT DECLARED A NATIONAL EMERGENCY UNDER THE TRADING WITH THE ENEMY ACT EMPOWERING THE PRESIDENT TO INVESTIGATE, REGULATE OR PROHIBIT UNDER SUCH RULES TO REGULATE AS HE MAY PRESCRIBE.

IN THE 1930'S PRESIDENT ROOSEVELT DECLARED A NATIONAL EMERGENCY, AND USED FOR HIS AUTHORITY THE 1917 TRADING WITH THE ENEMY ACT, AGAIN AUTHORIZING THE PRESIDENT TO

SUPERSEDE THE CONSTITUTION AND CONGRESS IN HIS COMPLETE AUTHORITY OVER THE UNITED STATES AND ITS CITIZENS.

PRESIDENT HARRY TRUMAN EXERCISED HIS EXECUTIVE AUTHORITY UNDER A DECLARED EMERGENCY TO SEIZE AL THE STEEL MILLS REPRESENTING HIS AUTHORITY WITHOUT LAW.

THE PROBLEM WITH THE PRESIDENTIAL EXECUTIVE AUTHORITY UNDER THE DECLARATION OF A NATIONAL OR INTERNATIONAL EMERGENCY, IN ALL CASES THOSE DECLARATIONS UNDER PRESIDENTIAL AUTHORITY HAVE REMAINED IN PLACE UNDER A STANDBY STATUS SO THAT PRESIDENTS CAN DECLARE AN EMERGENCY THEN ISSUE AN EXECUTIVE ORDER INCREASE THE PRESIDENTS POWER OVER THE UNITED STATES AND ITS CITIZENS WITHOUT CONGRESS AND OVERPOWERING THE UNITED STATES CONSTITUTION.

IN MY OPINION THIS IS A COMPLETE FLAW IN OUR GOVERNMENT SYSTEM AND GOVERNMENT AUTHORITY, AND IT NEEDS TO BE ADDRESSED AND CONGRESS AND THE SENATE NEED TO ADDRESS THIS ISSUE AND PASS A LAW THAT PROHIBITS THE PRESIDENTIAL TOTALITARIANISM RULE GIVING THE PRESIDENT UNLIMITED POWERS. READ POST BELOW TO FURTHER UNDERSTAND PRESIDENTIAL EMERGENCY POWERS