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Author : Jennifer K. Elsea
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2018
Category : Electronic
ISBN : LCCN:2020230676
Author : United States. Congress. Senate. Committee on Government Operations
Publisher : Unknown
Page : 378 pages
File Size : 41,7 Mb
Release : 1976
Category : Executive power
ISBN : UCSD:31822019502095
Author : Harold Relyea
Publisher : Unknown
Page : 34 pages
File Size : 51,9 Mb
Release : 2001
Category : Executive power
ISBN : STANFORD:36105062989145
Author : L Elaine Halchin
Publisher : Independently Published
Page : 26 pages
File Size : 45,8 Mb
Release : 2019-04-05
Category : Electronic
ISBN : 1092779604
The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report.
Author : Anonim
Publisher : Unknown
Page : 25 pages
File Size : 48,9 Mb
Release : 2003
Category : Executive power
ISBN : OCLC:54082552
The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require.
Author : United States. President (2001-2009 : Bush)
Publisher : Unknown
Page : 8 pages
File Size : 47,6 Mb
Release : 2001
Category : September 11 Terrorist Attacks, 2001
ISBN : MINN:31951D01587919G
Author : Louis Fisher
Publisher : University Press of Kansas
Page : 384 pages
File Size : 43,7 Mb
Release : 2014-08-19
Category : Political Science
ISBN : 9780700619986
Over three decades after its initial publication, Louis Fisher’s durable classic remains at the head of its class—a book that Congressional Quarterly called “as close to being indispensable as anything published in this field.” This newly revised sixth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton’s impeachment battles to the recent controversies over President Bush’s conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context. To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events. The new edition covers for the first time: * Obama’s military decisions in Afghanistan and Iraq * Military operations against Libya in 2011 * Threatened attacks on Syria in 2013 * Efforts to close Guantánamo * Obama’s recess appointments during a pro forma session * “Fast and Furious” scandal: Holder’s contempt and Obama’s executive privilege * The growth of presidential “czars” * Executive branch secrecy and lack of accountability * State Secrets Privilege after 9/11 * Distinguishing between “implied” powers (constitutional) and “inherent” powers (not constitutional) * Pocket vetoes and the growth of “hybrid vetoes” * New developments in the President’s removal power
Author : Institute of Medicine,Board on Health Sciences Policy,Committee on Guidance for Establishing Standards of Care for Use in Disaster Situations
Publisher : National Academies Press
Page : 161 pages
File Size : 46,8 Mb
Release : 2009-09-23
Category : Medical
ISBN : 9780309145480
The influenza pandemic caused by the 2009 H1N1 virus underscores the immediate and critical need to prepare for a public health emergency in which thousands, tens of thousands, or even hundreds of thousands of people suddenly seek and require medical care in communities across the United States. Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations draws from a broad spectrum of expertise-including state and local public health, emergency medicine and response, primary care, nursing, palliative care, ethics, the law, behavioral health, and risk communication-to offer guidance toward establishing standards of care that should apply to disaster situations, both naturally occurring and man-made, under conditions in which resources are scarce. This book explores two case studies that illustrate the application of the guidance and principles laid out in the report. One scenario focuses on a gradual-onset pandemic flu. The other scenario focuses on an earthquake and the particular issues that would arise during a no-notice event. Outlining current concepts and offering guidance, this book will prove an asset to state and local public health officials, health care facilities, and professionals in the development of systematic and comprehensive policies and protocols for standards of care in disasters when resources are scarce. In addition, the extensive operations section of the book provides guidance to clinicians, health care institutions, and state and local public health officials for how crisis standards of care should be implemented in a disaster situation.
Author : Kay C. Goss
Publisher : DIANE Publishing
Page : 277 pages
File Size : 47,8 Mb
Release : 1998-05
Category : Electronic
ISBN : 9780788148293
Meant to aid State & local emergency managers in their efforts to develop & maintain a viable all-hazard emergency operations plan. This guide clarifies the preparedness, response, & short-term recovery planning elements that warrant inclusion in emergency operations plans. It offers the best judgment & recommendations on how to deal with the entire planning process -- from forming a planning team to writing the plan. Specific topics of discussion include: preliminary considerations, the planning process, emergency operations plan format, basic plan content, functional annex content, hazard-unique planning, & linking Federal & State operations.
Author : U.S. Department of Transportation
Publisher : Simon and Schuster
Page : 400 pages
File Size : 43,8 Mb
Release : 2013-06-03
Category : Technology & Engineering
ISBN : 9781626363762
Does the identification number 60 indicate a toxic substance or a flammable solid, in the molten state at an elevated temperature? Does the identification number 1035 indicate ethane or butane? What is the difference between natural gas transmission pipelines and natural gas distribution pipelines? If you came upon an overturned truck on the highway that was leaking, would you be able to identify if it was hazardous and know what steps to take? Questions like these and more are answered in the Emergency Response Guidebook. Learn how to identify symbols for and vehicles carrying toxic, flammable, explosive, radioactive, or otherwise harmful substances and how to respond once an incident involving those substances has been identified. Always be prepared in situations that are unfamiliar and dangerous and know how to rectify them. Keeping this guide around at all times will ensure that, if you were to come upon a transportation situation involving hazardous substances or dangerous goods, you will be able to help keep others and yourself out of danger. With color-coded pages for quick and easy reference, this is the official manual used by first responders in the United States and Canada for transportation incidents involving dangerous goods or hazardous materials.
Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 42,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931214
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author : Richard A. Posner
Publisher : Oxford University Press
Page : 208 pages
File Size : 49,8 Mb
Release : 2006-09-01
Category : Law
ISBN : 9780199885367
Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither "war" nor "crime"--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD'S NEW INALIENABLE RIGHTS SERIES This is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.
Author : Chris Edelson
Publisher : University of Wisconsin Pres
Page : 376 pages
File Size : 42,6 Mb
Release : 2013-12-19
Category : History
ISBN : 9780299295332
Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University
Author : U. s. Department of Homeland Security
Publisher : Createspace Independent Pub
Page : 84 pages
File Size : 54,5 Mb
Release : 2012-12-11
Category : Political Science
ISBN : 1481228633
Every day in cities and towns across the Nation, emergency response personnel respond to incidents of varying scope and magnitude. Their ability to communicate in real time is critical to establishing command and control at the scene of an emergency, to maintaining event situational awareness, and to operating overall within a broad range of incidents. However, as numerous after-action reports and national assessments have revealed, there are still communications deficiencies that affect the ability of responders to manage routine incidents and support responses to natural disasters, acts of terrorism, and other incidents. Recognizing the need for an overarching emergency communications strategy to address these shortfalls, Congress directed the Department of Homeland Security's (DHS) Office of Emergency Communications (OEC) to develop the first National Emergency Communications Plan (NECP). Title XVIII of the Homeland Security Act of 2002 (6 United States Code 101 et seq.), as amended, calls for the NECP to be developed in coordination with stakeholders from all levels of government and from the private sector. In response, DHS worked with stakeholders from Federal, State, local, and tribal agencies to develop the NECP—a strategic plan that establishes a national vision for the future state of emergency communications. To realize this national vision and meet these goals, the NECP established the following seven objectives for improving emergency communications for the Nation's Federal, State, local, and tribal emergency responders: 1. Formal decision-making structures and clearly defined leadership roles coordinate emergency communications capabilities. 2. Federal emergency communications programs and initiatives are collaborative across agencies and aligned to achieve national goals. 3. Emergency responders employ common planning and operational protocols to effectively use their resources and personnel. 4. Emerging technologies are integrated with current emergency communications capabilities through standards implementation, research and development, and testing and evaluation. 5. Emergency responders have shared approaches to training and exercises, improved technical expertise, and enhanced response capabilities. 6. All levels of government drive long-term advancements in emergency communications through integrated strategic planning procedures, appropriate resource allocations, and public-private partnerships. 7. The Nation has integrated preparedness, mitigation, response, and recovery capabilities to communicate during significant events. The NECP also provides recommended initiatives and milestones to guide emergency response providers and relevant government officials in making measurable improvements in emergency communications capabilities. The NECP recommendations help to guide, but do not dictate, the distribution of homeland security funds to improve emergency communications at the Federal, State, and local levels, and to support the NECP implementation. Communications investments are among the most significant, substantial, and long-lasting capital investments that agencies make; in addition, technological innovations for emergency communications are constantly evolving at a rapid pace. With these realities in mind, DHS recognizes that the emergency response community will realize this national vision in stages, as agencies invest in new communications systems and as new technologies emerge.
Author : United States. Congress. Senate. Special Committee on National Emergencies and Delegated Emergency Powers
Publisher : Unknown
Page : 380 pages
File Size : 48,9 Mb
Release : 1976
Category : National Emergencies Act
ISBN : OSU:32437000379988
