Middle East: Discussion

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[url="http://thecable.foreignpolicy.com/posts/2011/02/25/obama_declares_national_state_of_emergency_over_libya"]Obama declares national state of emergency over Libya [/url]

The executive order itself condemns the "wanton violence against unarmed associates" perpetrated by Qaddafi, his sons, his government, and his close associates. Effective immediately, all U.S.-based assets of Qaddafi and his four sons are to be frozen and transactions intended to move those assets are prohibited. The order allows the measures to be expanded to include any member of the Libyan government who are determined to be complicit in Qaddafi's brutality.

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 the power of Congress to provide certain checks and balances on the emergency powers of the President. 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.



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 rights 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 Fifth Amendment.



In addition, many provisions of statutory law are contingent on a state of national emergency, as many as 500 by one count.[1]



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.