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Real0ne -> RE: State of emergency (11/6/2010 10:47:23 AM)
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At the Constitutional Convention of 1787, emergency powers, as such, failed
to attract much attention during the course of debate over the charter for the new
government. It may be argued, however, that the granting of emergency powers by
Congress is implicit in its Article I, section 8 authority to “provide for the common
Defense and general Welfare,” the commerce clause, its war, armed forces, and
militia powers, and the “necessary and proper” clause empowering it to make such
laws as are required to fulfill the executions of “the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the United States, or in any
Department or Officer thereof.”
There is a tradition of constitutional interpretation that has resulted in so-called
implied powers, which may be invoked in order to respond to an emergency
situation. Locke seems to have anticipated this practice. Furthermore, Presidents
have occasionally taken an emergency action which they assumed to be
constitutionally permissible. Thus, in the American governmental experience, the
exercise of emergency powers has been somewhat dependent upon the Chief
Executive’s view of the presidential office.
implied powers are powers NOT LAWFULLY granted by the people, but if the people do not hang us we PRESUME we can do it.
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