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News Link • General Opinion

Beware the Emergency State: Imperial, Unaccountable and Unconstitutional

• https://www.rutherford.org

"For seven decades we have been yielding our most basic liberties to a secretive, unaccountable emergency state – a vast but increasingly misdirected complex of national security institutions, reflexes, and beliefs that so define our present world that we forget that there was ever a different America. ... Life, liberty, and the pursuit of happiness have given way to permanent crisis management: to policing the planet and fighting preventative wars of ideological containment, usually on terrain chosen by, and favorable to, our enemies. Limited government and constitutional accountability have been shouldered aside by the kind of imperial presidency our constitutional system was explicitly designed to prevent."— David C. Unger, The Emergency State: America's Pursuit of Absolute Security at All Costs

It's all happening according to schedule.

The civil unrest, the national emergencies, "unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters," the government's reliance on the armed forces to solve domestic political and social problems, the implicit declaration of martial law packaged as a well-meaning and overriding concern for the nation's security…

The government has been planning and preparing for such a crisis for years now.

No matter that this crisis is of the government's own making.

To those for whom power and profit are everything, the end always justifies the means.

This latest brouhaha over President Trump's threat to declare a national emergency in order to build a border wall is more manufactured political theater, a Trojan Horse intended to camouflage the real threat to our freedoms: yet another expansion of presidential power exposing us to constitutional peril.

This is not about illegal immigration or porous borders or who will pay to build that wall.

This is about unadulterated power and the rise of an "emergency state" that justifies all manner of government tyranny in the so-called name of national security.

The seeds of this present madness were sown more than a decade ago when George W. Bush stealthily issued two presidential directives that granted the president the power to unilaterally declare a national emergency, which is loosely defined as "any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions."

Comprising the country's Continuity of Government (COG) plan, these directives (National Security Presidential Directive 51 and Homeland Security Presidential Directive 20), which do not need congressional approval, provide a skeletal outline of the actions the president will take in the event of a "national emergency."

Mind you, that national emergency can take any form, can be manipulated for any purpose and can be used to justify any end goal—all on the say so of the president.

This is exactly the kind of mischief that Thomas Jefferson warned against when he cautioned, "In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."

Power corrupts.

Absolute power corrupts absolutely.

Thus far, we have at least pretended that the government abides by the Constitution.

Despite the many attempts by government leaders to claim broader powers for themselves during wartime, the Constitution allows for only one emergency power: "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" (Article 1, Section 9, Clause 2).

Those who wrote our Constitution sought to ensure our freedoms by creating a document that protects our God-given rights at all times, even when we are engaged in war, whether that is a so-called war on terrorism, a so-called war on drugs, or a so-called war on illegal immigration.

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