WASHINGTON —
The United States is in a permanent state of emergency.
In fact, there are thirty different emergencies.
On the 10 days of the Iranian hostage crisis in 1979, the emergency announced by President Carter remained in effect almost 35 years later. A post-
9/11 President George W declared a state of emergencyBush —
President Obama has renewed six more times.
Constitutes the legal basis for most of the war against terrorism.
On Tuesday, President Obama informed Congress that he would extend Bush's term.
Another year of the era of emergencies, saying that "widespread violence and atrocities" in the Democratic Republic of the Congo pose an unusual and extraordinary threat to US foreign policy.
"These emergencies announced by the President through announcements or administrative orders give the president extraordinary power --
To seize property, call the National Guard and hire and fire officers at will.
"The role of the National Emergency Act is like a switch, and when the president flipped the switch, he gained new power.
Like a magic wand.
"There is almost no limit on how he opens it," said Kim Lane Scheppele, a professor at Princeton University . ".
If the President's Emergency statement is invoked in a public health emergency, hospitals can treat Ebola cases more flexibly.
The Obama administration says it is unnecessary to declare a state of emergency in the Ebola nation.
During his six years in office, President Obama announced nine emergencies, allowing an emergency to expire, and extending 22 emergencies issued by his predecessor.
Since Congress passed the National Emergency Act in 1976, the president has declared at least 53 states of emergency --
According to USA Today's review of the presidential document, disaster claims for events such as tornadoes and floods are not included.
Most of these emergencies remain in effect.
Although Congress has granted emergency powers to the President, it has provided little oversight.
1976 bill requires every member of Congress to meet within six months of an emergency to vote on the bill.
Never happened.
On the contrary, many emergencies will last for years or even decades.
Last week, Obama reiterated the state of emergency announced in 1995 to deal with drug trafficking in Colombia, saying that drug lords "continue to pose an unusual and extraordinary threat to national security, U. S. foreign policy and economy, and causes extreme levels of violence, corruption and harm in the United States and abroad.
In May, President Obama canceled Bush.
An era executive order that protects Iraq's oil interests and its contractors from legal responsibility.
Even though he did, he left the state of emergency declared in the executive order intact --
Because at least two other executive orders depend on it.
Invoking these emergencies can give the president broad and almost unlimited power.
In an article published last year in the journal law reform at the University of Michigan, lawyer Patrick Thronson identified 160 laws that gave the president emergency power to place members of the armed forces under foreign command, call up veterans to overturn a court decision
Meteorological satellites for military purposes.
Suspension of environmental laws, including laws prohibiting the dumping of toxic and infectious medical waste at sea.
Bypassing the federal contract law allows the government to buy and sell properties without competitive bidding.
The Army, Navy and Air Force scientists are allowed to obtain unlimited secret patents.
All of these terms come from laws passed by Congress that give the president the power to use pens to invoke them.
"This is how many laws are passed.
So it's very easy to declare an emergency if the president is looking around for extra power, "Scheppele said.
On 2009, Obama declared a national emergency for influenza A (H1N1.
An emergency that quietly expires a year later allows for the waiver of some Medicare and Medicaid regulations
For example, allowing hospitals to screen or treat infectious diseasessite —
Give up private medical laws.
Unlike the Ebola crisis, when Obama declared a state of emergency, the swine flu has left 20,000 people hospitalized and 1,000 dead.
At last week's congressional hearing, Tom Frieden, director of the Centers for Disease Control and Prevention, said another emergency power source
Ability to abandon procurement regulations
Could help with the Ebola virus.
The White House says there is no need for an Ebola emergency.
"I don't know any considerations that are currently under way (for)
"Any form of national medical emergency," spokesman Josh Earnest said last week . ".
"I don't rule this out, frankly. . .
This is not something we are actively considering right now.
"The President's Emergency power is not new.
1792 of the militia operations gave the president the power to take over the national militia to suppress the rebellion, something President George Washington did during the whisky rebellion two years later.
President Abraham Lincoln commandeered ships, raised the army, and suspended orders for personal protection
Not approved by Congress.
President Franklin Roosevelt declared a state of emergency on 1933 to prevent bank runs, and President Harry Truman declared a state of emergency at the beginning of the Korean War on 1950.
After President Nixon declared two state of emergency within 17 months, Congress was shocked by four simultaneous state of emergency.
It overwhelmingly passed the National Emergency Act, requiring the president to quote the legal basis for an emergency and to say what emergency powers he will exercise.
If the president does not renew his contract, all emergencies will expire in one year.
Three days after the 9/11 terrorist attack, President Bush issued announcement 7463.
It allowed him to call the National Guard and appoint and dismiss officers of the rank of lieutenant general.
Since 2001, the announcement, including Obama last month, has been extended every year. As of Sept.
The Pentagon said that on the 30 th, about 25,700 guards and reserve forces were involuntarily summoned to the federal service under the authority announced by Bush.
Canceling a state of emergency allows them to go home.
Although the law limits the number of generals in each department, eight generals and admirals have been appointed.
This is because the state of emergency allows the president to bypass the law and appoint an unlimited number of people --and two-star generals.
These figures have fallen sharply from their peaks in the past decade.
In 2003, 202,750 guards and reserves were involuntarily called up.
In 2009, military generals and admirals were 89 more than Congress allowed.
Emergency situation
The Navy Lt says the Defense Department is reviewing how the president will meet personnel needs if he fails to return to a state of emergencyCmdr.
Pentagon spokesman Nate Chris Tenson
This review has been carried out quietly for many years, extending the emergency situation every time.
Bush's announcement No. 7463 provides a great legal basis for the war on terrorism.
For example, Bush cited a state of emergency in his military order allowing al-
Al-Qaida fighters and military commissions in Guantanamo Bay, Cuba have tried them. The post-
9/11 The Emergency statement entered 13 years.
11 emergencies are even longer.
The oldest emergency was issued by President Carter on 1979.
The state of emergency is not an academic debate for Mohammed nazimzad.
He is on trial for this matter and, if convicted, he may be sentenced to 20 years' imprisonment.
Nazemzadeh, an Iranianborn Ph. D.
The biochemical engineer is a researcher at the University of Michigan, where he studied new radiation therapy for cancer and epilepsy.
In 2011, he tried to sell $21,400 worth of Refurbished MRI coils to an Iranian hospital.
This is illegal under a series of executive orders from the Carter administration.
Carter, citing his emergency powers under the International Emergency Economic Rights Act, imposed a trade embargo on Iran in 1979.
Since then, this emergency has been extended every year.
In its present form, there is an exception to medicine by an executive order --
But not medical equipment.
In 2010, Congress passed Iran's comprehensive sanctions accountability and divestiture act.
The law strengthens sanctions against Iran, but includes broader exceptions, including medical devices such as MRI coils.
Shereen Charlick, a lawyer for Nazemzadeh, argued that Congress delegated emergency powers to the president and intended to participate through Bill 2010.
"The immunity from Congress exceeds the executive order.
Since Congress is a legislature that gives the president emergency power in the first place, it can remove the power granted to the president.
"This is my argument," says Charlick . ".
"I did not win this argument.
I still think I'm totally right.
Judge James Lorenzo dismissed the argument.
"There is no doubt that the simple language of IEEPA gives the president the power to declare an emergency and impose economic sanctions," he said in a ruling of January . ".
The judge ruled that although Congress made it legal to ship medical equipment, the president could use his emergency powers to demand a permit under the old law.
Nazemzadeh will be ready soon.
This license is routine but expensive.
"If you look at the history of IEEPA, it will give the president extra power in an emergency.
This is not intended to permanently expand the power of the executive.
It's all on a fairly unstable basis, "said Clif Burns, a Washington sanctions lawyer.
The president used emergency power because it was the only tool for him to enforce the sanctions.
Congress allowed the export administration to expire twice.
From 1994 to 2000 and from 2001
Because of a reaction.
Boycott rules involving Israel.
"The president and his predecessor announced a number of national emergencies in the context of the IEEPA in order to implement economic sanctions, including sanctions on the situation in Iran," said Ned Price, spokesman for the National Security Council: "Syria and to address the issue of terrorism and proliferation. ".
He declined to discuss internal deliberations on the declaration or extension of state emergencies.
The National Emergency Act allows Congress to overturn emergencies through resolutions passed by both houses
It could then be rejected by the president.
For 38 years, there has been only one resolution to eliminate emergencies.
After Hurricane Katrina in 2005, President Bush declared a state of emergency allowing him to abandon the federal payroll law.
Contractors rebuilt after the hurricane do not have to comply with Davis-
The Bacon Act requires workers to receive current local wages. Democrats —
Some Republicans from the Union
Friendly states like Ohio and West Virginiacried foul. Rep.
George MillerCalif.
He proposed a resolution to end the state of emergency.
Two months later, Bush withdrew the resolution on his own under pressure from Congress, and Miller's resolution made no sense.
"The history here is very clear.
Congress has done nothing, "says Harold Reilly, 37-
Working in Congressional Research Services for one year.
Congress is not a watchdog.
This is very toothless, and there is no special help in the party struggle.
"If so, Congress may be inclined to give the president more urgent powers.
Ongoing legislation in Congress will allow the president to initiate an emergency, exempt health care providers from responsibility, and sanction banks that do business with Hezbollah.
Princeton University Professor Scheppele said that emergencies have become so routine that "emergencies are often declared and declared without a single title.
"If we have to break the glass and flip the switch in order to do this. . .
At least the alarm will help.
"It shows that the normal law is not established," she said . ".
"The state of emergency is always bypassing other things.
So what we need to see is what is bypassed and should be fixed.
"Follow @ gregorykorte on Twitter.