Culture Wars/Current Controversies

No Emergency Powers in the Constitution

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THURSDAY, MARCH 14, 2024
The whole of the Bill (of Rights) is a declaration of the right of the people at large or considered as individuals…. It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of.
– Albert Gallatin, New York Historical Society [1789]

HORNBERGER’S BLOG
March 14, 2024
No Emergency Powers in the Constitution
It has become an article of faith that under our system of government, federal officials can declare an emergency, which then purportedly authorizes federal officials to exercise emergency powers. However, it just ain’t so. There is nothing in the Constitution that authorizes the federal government to declare an emergency or to exercise emergency powers. Keep in mind that when the Constitution called the …
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