The National Emergencies Act of 1976 - Essay Sample

Introduction

The branch of chief executive remains to be one of the powerful and most influential in decision making. Even though the congress has limited this arm, the president has been limited by the opposition on numerous occasions to make critical decisions. As a result, the president should be given extra power, regulated by the supreme court, as a means of ensuring that he operates within the rigid constitutional frame.

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The National Emergencies Act of 1976

The National Emergency Act of 1976 empowers the president or the executive branch with emergency power, that can be enacted for the benefit of the nation. Even though the enacting of the Act may pave an exploitative window, for the president to misuse or go beyond his power, Act is widely regulated and limited by the congress, who can terminate or end an emergency declaration, through a jointly signed law (Gostin et al., 2017).

The enacting of the National Emergencies Act did not limit the president from declaring a national emergency or even change any power bestowed to him. However, congress drafted the law to ensure that it was possible to terminate any emergency deletions, after its proclamation. During the enacting of the National Emergency Act, four National emergencies were still valid and operational, even despite their prevalence affecting the national economy, and training, between the American government and other nations.

For instance, the 1933 National Emergency declared by President Franklin D. Roosevelt in response to the banking crisis still affected the Americans (Gostin et al., 2017). The 1950 national emergency declared by President Harry S. Truman in response to the North Korea invasion deteriorated the relationship between North Korea and the United States (Gostin et al., 2017). The 1970 national emergency declared by President Richard M. Nixon in response to nationwide postal strikes did not fully address the citizen’s demands (Forero et al., 2019). Lastly, August 15, 1971, national emergency declared by President Richard M. Nixon enforced and restricted control on foreign trade, making it difficult for the Americans to trade freely with other potential nations (Schwabach, 2020).

The Presidential Power During a National Emergency

The national emergency act requires a series of considerations and regulations, where the president has to consider and follow fully. Therefore, these regulations must be followed to ensure that the national emergency is constitutionally approved.

Once a national emergency has been declared, the president has an array of power to exercise, which may include, the power to seize property, regulate and control all communication and transportation, as well as the power to regulate the operation of privet enterprises (Gostin et al., 2017). The president’s actions in regulating the operation of privet enterprises help reduce the possibilities of the privet sectors, jeopardizing national security, and colluding with the enemies of the nation. Therefore, the president is in full swing to help settle the matter in the nation.

President Obama 2009 Public Health

The declaration of a National Emergency following the 2009 influenza pandemic forced president Barrack Obama to issues a waiver granting the overcrowded hospitals the possibility of moving the swine flu patients to satellite hospitals or facilities (Forero et al., 2019). Even though the Act was geared towards safeguarding and protecting the American population, numerous critics emerged from Republicans, and the Democrats, terming the Act as a gross miss-use of public funds.

Historical Emergencies

Trump on US-Mexican Border

The US-Mexican border is an ongoing crisis that led to the approval of a humanitarian aid plan for migrants that has received numerous critics from a political point of view. President Donald Trump has occasionally referred to the migration of the Mexicans as “Invasion” (Forero et al., 2019). Even though the wall has received numerous political critics, and deemed as oppressive to the taxpayers, President Trump declared a national emergency, as a way of bullying his way for funding of the Mexican wall.

Johnson Retaliation in North Vietnam

The brutality of the My Lai massacre revealed the dark side of the war, as the American nation watched in horror, how the American troops pummeled innocent civilians. After the DRV torpedo boats attacked and sunk the US destroyers, president Johnson ordered a retaliation that affected not only the North Vietnam military but also stretching to the civilians (Forero et al., 2019). Even though the US president does not have the mandate to order an airstrike on innocent civilians, Johnson’s action proved to have stretched beyond his constitutional grip.

President Lincoln Civil War

During a crisis, a president rapid increases their power, without even considering if it is within the constitution, or not. Lincoln’s presidency may not be directly associated with the quest for power expansion when he first took his potion. However, following the civil war and greater expectation for the president to win the war, Lincoln did not hesitate to push the presidential power to their limits and beyond. As one of the most bewildering Act, President Lincoln authorized the military trials of civilians, while suspending habeas corpus.

Conclusion

Even though national emergencies are deemed as a way of the president obtaining power to enforce specific changes, for the interests of the nation, it is essential if the powers are restricted. As a result, the restriction helps the president from turning against the nation, or even going beyond his constitutional right. For instance, the My Lia massacre in Vietnam sent Americans into a wave of confusion, after bombing innocent civilians in the war.

References

Forero, R., Man, N., McCarthy, S., Richardson, D., Mohsin, M., Toloo, G., ... & Celenza, A. (2019). Impact of the National Emergency Access Target policy on emergency departments’ performance: A timetrend analysis for New South Wales, Australian Capital Territory, and Queensland. Emergency Medicine Australasia, 31(2), 253-261.doi.org/10.1111/1742-6723.13142

Gostin, L. O., Hodge, J. G., & Noe, S. A. (2017). Reframing the opioid epidemic as a national emergency. Jama, 318(16), 1539-1540.doi:10.1001/jama.2017.13358

Schwabach, A. (2020). The Internet Archive’s National Emergency Library: Is There an Emergency Fair Use Superpower?. Northwestern Journal of Technology and Intellectual Property, 18.
https://ssrn.com/abstract=3641800.