By definition, an “emergency” must be sudden, unexpected, and unplanned, and not caused by negligence by the one invoking the powers that an “emergency” would otherwise entitle one to act. In other words, I can’t negligently drive my car with bald tires and no brakes, and release myself of liability by calling it an “emergency” when I plow into and destroy other people’s property. In the same way, those bringing drugs into a country and causing a drug crisis can’t, lawfully, turn around and scream “drug emergency,” and those who entice masses of immigrants into a country, dangling the welfare state carrot, can’t lawfully declare a “National Immigration Emergency,” and those creating money out of thin air, and toying with its inflationary and deflationary “value” at whim, can’t lawfully yell “economic emergency” when the event they systematically plan, happens…but they do…
Like previous presidents, Trump has invoked the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA) and the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), declaring “National Emergencies” to implement Executive Orders. He is again preparing to declare a “National Emergency” under the guise of an immigration emergency to get up his border wall (or is it a fence?) “and other matters”.
Hopefully the information below will increase understanding of what the declaration of a “National Emergency” really means to the people living on America.
The word “emergency” is not found in the KJV. It is found in only one of the translations I checked:
Weymouth New Testament, Weymouth, Richard Francis, 1902
Compare to KJV:2 Corinthians 8:13-14 - I do not urge you to give in order that others may have relief while you are unduly pressed, but that, by equalization of burdens, your superfluity having in the present emergency supplied their deficiency, their superfluity may in turn be a supply for your deficiency later on, so that there may be equalization of burdens.
Lectures on Systematic Theology, Charles G. Finney, 18512 Corinthians 8:13-14 - For I mean not that other men be eased, and ye burdened: But by an equality, that now at this time your abundance may be a supply for their want, that their abundance also may be a supply for your want: that there may be equality:
DEFINITIONSWhat is implied in the right to govern?
6. It implies obligation, on the part both of the ruler and the ruled, to be always ready, and when occasion arises, actually to make any personal and private sacrifice demanded by the higher public good—to cheerfully meet any emergency, and exercise any degree of self-denial, that can, and will, result in a good of greater value to the public than that sacrificed by the individual, or by any number of individuals, it always being understood, that present voluntary sacrifices shall have an ultimate reward.
7. It implies the right and duty to employ any degree of force, which is indispensable to the maintenance of order, the execution of wholesome laws, the suppression of insurrections, the punishment of rebels and disorganizers, and sustaining the supremacy of moral law. It is impossible that the right to govern should not imply this; and to deny this right, is to deny the right to govern. Should an emergency occur, in which a ruler had no right to use the indispensable means of securing order, and the supremacy of law, the moment this emergency occurred, his right to govern would, and must, cease: for it is impossible that it should be his right to govern, unless it be at the same time, and for the same reason, his duty to govern; and it is absurd to say, that it is his right and duty to govern, and yet at the same time, that he has not a right to use the indispensable means of government. If it be asked, whether an emergency like the one under consideration is possible, and if so what might justly be regarded as such an emergency, I answer, that should circumstances occur under which the sacrifice necessary to sustain, would overbalance the good to be derived from the prevalence of government, this would create the emergency under consideration, in which the right to govern would cease.
The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
The Concise Oxford Dictionary of Current English, 1919Emergency
2. A sudden or unexpected happening; an unforeseen occurrence or condition; specifically, a perplexing contingency or complication of circumstances.
3. A sudden or unexpected occasion for action; exigency; pressing necessity.
4t. Something not calculated upon; an unexpected gain; a casual profit.
Black’s Law Dictionary, 4th Edition, 1968emergency, n.
Sudden juncture demanding immediate action
A sudden unexpected happening; an unforeseen occurrence or condition; specifically, perplexing contingency or complication of circumstances; a sudden or unexpected occasion for action; exigency; pressing necessity. A relatively permanent condition of insufficiency of service or of facilities resulting in social disturbance or distress. Kardasinksi v. Koford, 88 N.H. 444, 190 A. 702, 703, 111 A.L.R. 1017; Contract Cartage Co. v. Morris, D.C.I11., 59 F.2d 437, 446; Los Angeles Dredging Co. v. City of Long Beach, 210 Cal. 348, 291 P. 839, 843, 71 A.L.R. 161.
"Emergency" in sense of constitutional provision respecting referendum does not mean expediency, convenience, or best interest. State v. Hinkle, 161 Wash. 652, 297 P. 1071, 1072.
Ballentine’s Law Dictionary, James A. Ballentine, Third Edition, 1969NATIONAL EMERGENCY.
A state of national crisis; a situation demanding immediate and extraordinary national or federal action. Congress has made little or no distinction between a "state of national emergency" and a
"state of war". Brown v. Bernstein, D.C.Pa., 49 F.Supp. 728, 732.
Black’s Law Dictionary, 5th Edition, 1979emergency.
Confrontation by sudden peril. 38 Am Jist Negl § 41. A pressing necessity: an exigency: an event or occasional combination of circumstances calling for immediate action or remedy. An unforeseen occurrence or condition calling for immediate action to avert eminent danger to life, health. or property. 43 Am J1st Pub Wks § 136.
Any event which threatens peril to the nation or the people. An event of which cognizance must be taken if the safety of the nation and its people is to be preserved.
A sudden unexpected happening; an unforeseen occurrence or condition; perplexing contingency or complication of circumstances; a sudden or unexpected occasion for action; exigency; pressing necessity. Emergency is an unforeseen combination of circumstances that calls for immediate action. State v. Perry, 29 Ohio App.2d 33, 278 N.E.2d 50, 53. See also Emergency doctrine; Sudden emergency doctrine.
Under the doctrine variously referred to as the "emergency," "imminent peril," or "sudden peril" doctrine, when one is confronted with a sudden peril requiring instinctive action, he is not, in determining his course of action, held to the exercise of the same degree of care as when he has time for reflection, and in the event that a driver of a motor vehicle suddenly meets with an emergency which naturally would overpower the judgment of a reasonably prudent and careful driver, so that momentarily he is thereby rendered incapable of deliberate and intelligent action, and as a result injures a third person, he is not negligent, provided he has used due care to avoid meeting such an emergency and, after it arises, he exercises such care as a reasonably prudent and capable driver would use under the unusual circumstances. Sandberg v. Spoelstra, 46 Wash.2d 776, 285 P.2d 564, 568.
In an emergency situation when medical service is required for an adult who by virtue of his physical condition is incapable of giving consent, or with respect to a child, whose parent or other guardian is absent, and thus incapable of giving consent, the law implies the consent required to administer emergency medical services. This is a good defense to an action of tort for an alleged battery.
A state of national crisis; a situation demanding immediate and extraordinary national or federal action. Congress has made little or no distinction between a "state of national emergency" and a "state of war". Brown v. Bernstein, D.C.Pa., 49 F.Supp. 728, 732.
Black’s Law Dictionary, 7th Edition, 1999Sudden emergency doctrine.
When a person finds himself confronted with a sudden emergency, which was not brought about by his own negligence or want of care, such person has the legal right to do what appears to him at the time he should do, so long as he acts in a reasonably prudent manner as any other person would have done under like or similar circumstances, to avoid any injury, and if he does so act, he will not be deemed to have been negligent even though it might afterwards be apparent that some other course of action would have been safer. Swann v. Huttig Sash & Door Co., C.A.Tex., 436 F.2d 60, 62.
Under sudden emergency doctrine, one placed in position of sudden emergency or peril other than by his own negligence, is not held to same degree of care and prudence as one who has time for thought and reflection. Dadds v. Pennsylvania R. Co., Del., 251 A.2d 559, 560.
1. A legal principle exempting a person from the ordinary standard of reasonable care if that person acted instinctively to meet a sudden and urgent need for aid.
DOD Dictionary of Military and Associated Terms, 2017National Emergency
A state of national crisis or a situation requiring immediate and extraordinary national action.
national emergency –
A condition declared by the President or the Congress by virtue of powers previously vested in them that authorize certain emergency actions to be undertaken in the national interest. See also mobilization.
United States Government Compendium of Interagency and Associated Terms, 2017emergency authority —
A Federal military commander’s authority, in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances because (1) such activities are necessary to prevent significant loss of life or wanton destruction of property and are necessary to restore governmental function and public order or (2) duly constituted Federal, state, or local authorities are unable or decline to provide adequate protection for Federal property or Federal governmental
An unforeseen combination of circumstances, or the resulting state, that calls for immediate action. Emergencies may include a fire, explosion, discovery of an explosive device, severe weather, chemical or biological exposure or threat, hostage situation, or physical threat to building occupants or visitors, terrorist attack, or other national security emergency.
USC 50 §98h–3emergency –
Any incident, whether natural or manmade, that requires responsive action to protect life or property. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an emergency means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.
USC 15 §78lnational emergency –
a general declaration of emergency with respect to the national defense made by the President or by the Congress.
USC 8 §1187emergency —
(A) a major market disturbance characterized by or constituting— (i) sudden and excessive fluctuations of securities prices generally, or a substantial threat thereof, that threaten fair and orderly markets; or (ii) a substantial disruption of the safe or efficient operation of the national
system for clearance and settlement of transactions in securities, or a substantial threat thereof; or
(B) a major disturbance that substantially disrupts, or threatens to substantially disrupt— (i) the
functioning of securities markets, investment companies, or any other significant portion or segment of the securities markets; or (ii) the transmission or processing of securities transactions.
USC 49 §5324emergency –
(I) the overthrow of a democratically elected government;
(II) war (including undeclared war, civil war, or other military activity) on the territory of the program country;
(III) a severe breakdown in law and order affecting a significant portion of the program country's territory;
(IV) a severe economic collapse in the program country; or
(V) any other extraordinary event in the program country that threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States) and where the country's participation in the program could contribute to that threat.
USC 7 §1736f–1emergency –
a natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, as a result of which:
(A) the Governor of a State has declared an emergency and the Secretary has concurred; or
(B) the President has declared a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
MISCELLANEOUS CITATIONSemergency –
an urgent situation in which there is clear evidence that (a) an event or series of events has occurred that causes human suffering; and (b) for which a government concerned has not chosen, or has not the means, to remedy; or (c) is created by a demonstrably abnormal event or series of events that produces dislocation in the lives of residents of a country or region of a country on an exceptional scale.
McClelland v. Interstate Transit Lines, 142 Neb. 439, 6 N.W.2d 384, 391.
Brown vs. Bernstein, D.C. pa., 49 F. Supp. 728, 732.But rule cannot be invoked by one bringing emergency on or not using due care, to avoid it.
The American Print Works vs. Laurens, 1 Zabriskie, 248.Congress has made little or no distinction between a 'state of national emergency' and a 'state of war'.
Block v. Hirsh, 256 U.S. 138, 41 S.Ct. 138.There are cases undoubtedly in which the right to destroy property may exist without any remedy by the owner against the public or individuals. Thus it has been held that the right to destroy property in cases of extreme emergency, as to prevent the spread of a conflagration, is not the exercise of the right of eminent domain, nor the taking of it for public use, but is a right existing at common law, founded on the plea of necessity, and may be exercised by individuals.
Jervis v. Hoyt, 2 Hun.(N.Y.) 637; Drummond v. Wood, 2 Caines(N.Y.) 310; Harter v. Blanchard, 64 Barb.(N.Y.) 617; Bartlett v. Sparkman, 95 Mo. 136; 8 S.W. 406…our Supreme Court held, in spite of the constitutional prohibitions, that public emergency ‘may justify a law which could not be upheld as a permanent change.
Chastleton Corp. v. Sinclair, 264 U.S. 543, 44 S.Ct. 405, 68 L.Ed. 841."A deviation from instructions will be excused where an unforeseen emergency requires the agent, in the exercise of his reasonable discretion, to disregard them.”
Jones v. Seward (1863), 40 Barb.(N.Y.) 563, 570."A law depending upon the existence of an emergency or other certain state of facts to uphold it may cease to operate if the emergency ceases or facts change even though valid when passed."
Franklin D. Roosevelt, State of the Union Address, January 3, 1940"If the fathers of the Constitution intended that a dictatorship should exist under any emergency, they would not leave it to the chief executive to assume it when he may, in his discretion, declare necessity required it. That the President can of his own accord assume dictatorial power, under any pretext, is an extravagant presumption."
Franklin D. Roosevelt, State of the Union Address, January 6, 1941It is not correct to infer that legislative powers have been transferred from the Congress to the Executive Branch of the Government. Everyone recognizes that general tariff legislation is a Congressional function; but we know that, because of the stupendous task involved in the fashioning and the passing of a general tariff law, it is advisable to provide at times of emergency some flexibility to make the general law adjustable to quickly changing conditions.
Senate Report 93-549: Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency; Report of the Special Committee on the Termination of the National Emergency, 1973The happiness of future generations of Americans may well depend upon how effective and how immediate we can make our aid felt. No one can tell the exact character of the emergency situations that we may be called upon to meet. The Nation's hands must not be tied when the Nation's life is in danger.
We must all prepare to make the sacrifices that the emergency--almost as serious as war itself--demands. Whatever stands in the way of speed and efficiency in defense preparations must give way to the national need
A free nation has the right to expect full cooperation from all groups. A free nation has the right to look to the leaders of business, of labor, and of agriculture to take the lead in stimulating effort, not among other groups but within their own groups.
The best way of dealing with the few slackers or trouble makers in our midst is, first, to shame them by patriotic example, and, if that fails, to use the sovereignty of Government to save Government.
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Since March 9, 1933, the United States has been in a state of declared national emergency.
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Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens.
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A majority of the people of the United States have lived all of their lives under emergency rule. For 40 years, freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency.
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Because Congress and the public are unaware of the extent of emergency powers, there has never been any notable congressional or public objection made to this state of affairs. Nor have the courts imposed significant limitations.
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But emergency powers laws are of such significance to civil liberties, to the operation of domestic and foreign commerce, and the general functioning of the U.S. Government, that, in microcosm, they reflect dominant trends in the political, economic, and judicial life in the United States.