
	October 26, 2009
	
	from
	
	Infowars Website
	
	 
	
	Drew Zahn, writing for WorldNetDaily, 
	takes issue with Infowars declaring Obama’s “national emergency” 
	amounts to martial law. 
	
		
		“An article by Kurt Nimmo of InfoWars took 
		the worry a step further, wondering if the White House’s declaration 
		engaged certain measures of the National Emergencies Act,” writes Zahn.
		
		 
		
		“But even if there really is a plot to 
		manipulate the H1N1 virus scare into enforcing a sweeping 
		expansion of federal power, today’s ‘national emergency’ falls far short 
		of 
		martial law.”
	
	
	
	
	Only the American people, 
	through their representatives in Congress, 
	
	can declare a national 
	emergency. 
 
	
	Zahn writes that the laws enacted by the 
	president’s proclamation merely clear administrative hurdles for processing 
	of Medicare payments and that the provisions of the National Emergencies 
	Act cited by Obama in his proclamation limit the power his 
	administration can take. 
	
	 
	
	He then cites Section 301 that forbids the 
	president from taking up any powers of the National Emergencies Act except 
	those listed in the proclamation of emergency. The list deals with Medicare, 
	Medicaid, HIPAA privacy regulations, and other bureaucratic functions of the 
	department of Health and Human Services.
	
	Infowars noted that Obama’s “national emergency” is likely a scare 
	tactic designed to stampede people into getting the vaccine. 
	
	 
	
	The
	
	National Emergencies Act, however, is part 
	of a larger framework designed specifically for the implementation of 
	martial law. The law allows the president to revoke the right of habeas 
	corpus under Article 1, Section 9. It also grants special powers to the 
	executive in times of national emergency and underscores the threat the 
	executive poses to the civil liberties of Americans, regardless of the 
	stipulations in Section 301.
	
	Revoking the right of habeas corpus is unconstitutional. So is declaring a 
	national emergency without congressional approval. 
	
	 
	
	The Constitution declares, 
	
		
		“The Privilege of the Writ of Habeas Corpus 
		shall not be suspended, unless when in cases of rebellion or invasion 
		the public safety may require it.”
	
	
	It may be argued that Obama is invoking the 
	Constitution for the sake of “public safety,” that is until you look at the 
	facts - the 
	H1N1 “pandemic” 
	does not threaten the safety of most Americans. It is far less deadly 
	than seasonal flu. 
	
	 
	
	When was the last time a president declared a 
	national emergency over seasonal flu? A state of emergency (regardless of 
	the pretext) allows Obama to do a number of things. 
	
	 
	
	As Dr. 
	
	Harold C. Relyea, a specialist in 
	national government with the Congressional Research Service (CRS) of 
	the Library of Congress, has written, 
	
		
		“when the President formally declares a 
		national emergency, he may seize property, organize and control the 
		means of production, seize commodities, assign military forces abroad, 
		institute martial law, seize and control all transportation and 
		communication, regulate the operation of private enterprise, restrict 
		travel, and, in a variety of ways, control the lives of United States 
		citizens.”
	
	
	Obama’s declaration, however, is incidental 
	because the United States has been under a state of emergency since 
	September 14, 2001. 
	
	 
	
	
	
	Bush extended this “emergency” (against
	a 
	bogus terrorist threat) on August 28, 2008.
	
		
		“Will President Obama allow the state of 
		national emergency, first declared by President George W. Bush on 
		9/14/01 and re-declared seven times, to remain in effect?” asked
		
		Peter Dale Scott and Dan Hamburg on 
		February 10, 2009.
	
	
	On September 10 of this year, Obama reinstituted 
	the national State of Emergency.
	
	As Infowars noted on the weekend, once a National Emergency is 
	declared the president has full authority to supersede Congress and the 
	Constitution under the John Warner Act of 2007, passed by Congress and 
	signed into law Oct 17, 2006. Warner expands the power of the president 
	during national emergencies, specifically section 1076.
	
	Obama’s national emergency declaration - regardless of its emphasis on the 
	bureaucratic functioning of HHS and Medicare - is simply another example of 
	how the executive now functions as a dictatorship.
	
	The declaration needs to be considered in a larger context of authoritarian 
	laws and presidential directives that violate both the letter and the spirit 
	of the law.
	
	The 
	USA Patriot Act allows “sneek and peek” 
	searches without notification, the collection of information (medical, 
	financial, and even library records) without showing probable cause. 
	
	 
	
	Roving “John Doe” wiretaps violate the First, 
	Fourth, Fifth, Eighth and Fourteenth Amendments.
	
	
	Executive Order 13438 allows the president 
	and the Secretary of the Treasury to confiscate the assets of “certain 
	persons” who oppose the U.S. invasion and occupation of Iraq (First, Fourth 
	and Fifth Amendments violated).
	
	The 
	
	John Warner Defense Authorization Act, 
	mentioned above, gives the president the authority to declare martial law 
	and take control of National Guard troops without state governor 
	authorization. If applied, Warner would x-out the entire Constitution and 
	Bill of Rights. It would also violate
	
	Posse Comitatus.
	
	NSP 51 and HSPD 20 (the National Security and Homeland Security Presidential 
	Directive) allow the president to declare a “national emergency” for any 
	reason without congressional approval. These directives would result in the 
	suspension of constitutional government and the militarization of justice 
	and law enforcement. NSPD 51 supersedes the National Emergency Act and 
	supposed congressional oversight. 
	
	 
	
	If applied, the Constitution would be null and 
	void.
	
	The Military Commissions Act trashes habeas corpus and allows the 
	government to detain anyone (including U.S. citizens) by declaring them 
	enemy combatants. It also allows torture and provides immunity for military 
	and intelligence officials. The act violates the Sixth and Fourth 
	Amendments, Article 1 Section 9, Clause 2 (covering habeas corpus) of the 
	Constitution. It also violates the Geneva Convention.
	
	Finally, the long-standing FISA (Foreign Intelligence and Surveillance 
	Act) allows the Obama administration to spy on any American without 
	court approval. It provides a meaningless and phony court review and 
	secret procedures and a worthless report to Congress.
	
	Obama’s “national emergency” in response to a pandemic that is 
	nothing for the sort is another example of the executive wantonly violating 
	the Constitution. It does not matter if the details of the so-called 
	emergency declaration concern the bureaucratic operation of government. It 
	is a violation of the principles our founders had in mind when they 
	formulated our (now mostly moribund) constitutional republic.
	
	Only the American people, through their representatives in Congress, can 
	declare a national emergency.