Obama’s “National Emergency” Violates the Constitution

Only the American people, through their representatives in Congress, can declare a national emergency...

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.” 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"...
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