Presidential Order: All Powers Rest With Executive in a "Catastrophic Emergency"

According to law professor Marjorie Cohn, a recently issued Presidential directive claims nearly limitless power for the President in the event of a major national disaster:
The National Security and Homeland Security Presidential Directive, signed on May 9, 2007, would place all governmental power in the hands of the President and effectively abolish the checks and balances in the Constitution.

If a "catastrophic emergency" -- which could include a terrorist attack or a natural disaster -- occurs, Bush's new directive says: "The President shall lead the activities of the Federal Government for ensuring constitutional government."

What about the other two co-equal branches of government? The directive throws them a bone by speaking of a "cooperative effort" among the three branches, "coordinated by the President, as a matter of comity with respect to the legislative and judicial branches and with proper respect for the constitutional separation of powers." The Vice-President would help to implement the plans.

"Comity," however, means courtesy, and the President would decide what kind of respect for the other two branches of government would be "proper." This Presidential Directive is a blatant power grab by Bush to institutionalize "the unitary executive."

The full directive is available here.

Written By:Robert Link On July 18, 2007 11:37 AM

By all means, let's get more of this kind of honest prejudicial thing out in the open. And likewise perhaps dispense with the fantasy that the bench decides cases on the merits...or even tries to hold to such a standard.

Wasn't Scalia one of the voices decrying "activist" judges?

Written By:Robert Link On July 18, 2007 11:41 AM

Apologies, the above comment was meant for another article; I seem to have failed to properly navigate the site.

Written By:Donna On July 23, 2007 11:44 AM

IMPEACH BUSH before it is too late for us all. Who do you think declares a "National Disaster" in the first place. How can one man be of sound mind and judgement to decide the fate of the USA. How can he have the power to grant himself Master and ruler over Congress and the House of Rep. He is selling our country right down the river. Who do you see running all the gasoline stations now? Down with the NAFTA Super Highway and Up with our Border Security!! Bush isn't the least concerned with the threat of Terrorism on our Country or he wouldn't be doing away with Border Control. We are in great danger as long as he remains in office.........START IMPEACH PROCEDINGS NOW!!!

Written By:Steeveeo On July 23, 2007 6:24 PM

Agreed, Bush is a dumbass whos tryin to turn the US into a Dictatorship...

IMPEACHMENT FTW!

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