"This Is Not A Test" (Or, Emergency In America)

Explaining that the United States is already in a time of "national emergency".

There's a lot of debate going on about the shutdown of the federal government, which is now in its second or third week.  Most of this discussion has focused on the topic of national security, and President Trump's push for a wall on the southern border.  One of the big questions at issue concerns the president's powers; specifically, can he declare a national emergency with respect to border security? Although this is an important debate, the discussion is moot at best, and a "red herring" at worst.  Allow me to explain why this is the case.  

Most people aren't aware that the United States is already in a time of "national emergency", as defined by the federal government.  On September 14, 2001, President George W. Bush issued "Proclamation 7463", an executive order declaring a national emergency to be in existence.  

From the Proclamation:

"A national emergency exists by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States.

Now, Therefore, I, George W. Bush, President of the United States of America, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, I hereby declare that the national emergency has existed since September 11, 2001, and, pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize the following statutes: sections 123, 123a, 527, 2201(c), 12006, and 12302 of title 10, United States Code, and sections 331, 359, and 367 of title 14, United States Code." (1)

According to the "National Emergencies Act", the president must annually order (if so desired) the continuation of any specific emergency (if this is not done, the emergency ends). (2)  Since the original Proclamation, every president has issued this yearly directive.  As such, the resulting national emergency continues, and will continue until at least September 14th, 2019. (3)  Among other things, this has an interesting effect on broadcasting regulations; according to US Code (Title 47, Section 308, Amendment 6a), "during war or emergency periods no formal application (for a broadcasting license) need be filed". (4)

Presently. many political commentators seem to be discussing this current issue.  These include the Honorable Andrew Napolitano, who holds that the president cannot declare a national emergency (he is in error; the Constitution gives the president broad powers to do so).  Frankly, the debate on this matter isn't needed, and is a page right out of the Democrats' playbook (I call it "deny, distract, insult, and isolate").  Liberals are trying to distract Americans with partisan political games, and talk of impeachment.  Don't fall for their "knavish tricks" (from "God Save The Queen"); demand that Democrats in Washington do their jobs, and get back to work!

References:

1. Executive Order. No. 7463, 2001. Proclamation 7463: Declaration of National Emergency by Reason of Certain Terrorist Attacks

2. United States, 94th Congress, National Emergencies Act. 1976.

3. Korte, G. (2017). A permanent emergency: Trump becomes third president to renew extraordinary post-9/11 powers. USA Today. [online] Available at: https://www.jsonline.com/story/news/politics/2017/09/14/permanent-emergency-trump-becomes-third-president-renew-extraordinary-post-9-11-powers/661966001/ .

4. US Code, Title 47, Section 308, Amendment 6(a).