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To: nolu chan
The Constitution designates the President as commander-in-chief of the armed forces. Various legislation grants the President the authority to call up the militia when necessary. That is true today, as witnessed by the administraction's activation of National Guard units at will, and it was true in 1860.
192 posted on 12/22/2003 4:23:48 AM PST by Non-Sequitur
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To: Non-Sequitur
[Non-Seq] Various legislation grants the President the authority to call up the militia when necessary. That is true today, as witnessed by the administraction's activation of National Guard units at will, and it was true in 1860.

You must mean Emergency War Powers. Don't be bashful. Here is a link to, and a few quotes from, Senate Report No. 93-549.

LINK

Senate Report 93-549
War and Emergency Powers Acts

From data available on the web.

93d Congress
1st Session
Senate Report No. 93-549

EMERGENCY POWERS STATUTES:
PROVISIONS OF FEDERAL LAW
NOW IN EFFECT DELEGATING TO THE
EXECUTIVE EXTRAORDINARY AUTHORITY
IN TIME OF NATIONAL EMERGENCY

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REPORT OF THE SPECIAL COMMITTEE ON THE
TERMINATION OF THE NATIONAL EMERGENCY
UNITED STATES SENATE

NOVEMBER 19, 1973

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U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1973
24-509 O

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SPECIAL COMMITTEE ON THE
TERMINATION OF THE NATIONAL EMERGENCY

FRANK CHURCH, Idaho Co-Chairman
PHILIP A. HART, Michigan
CLAIBORNE PELL, Rhode Island
ADLAI E. STEVENSON III, Illinois
CHARLES McC MATHIAS, Jr., Maryland
CLIFFORD P. CASE, New Jersey
JAMES B. PEARSON, Kansas
CLIFFORD P. HANSEN, Wyoming

WILLIAM G. MILLER, Staff Director
THOMAS A. DINE, Professional Staff

II

-----------------------------------------------------------

FOREWORD

-----------------------------------------------------------

Since March 9, 1933, the United States has been in a state of declared national emergency. In fact, there are now in effect four presidentially-proclaimed states of national emergency: In addition to the national emergency declared by President Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, and the states of national emergency declared by President Nixon on March 23, 1970, and August 15, 1971.

These proclamations give force to 470 provisions of Federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by the Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers, taken together, confer enough authority to rule the country without reference to normal Constitutional processes.

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.

and on and on and on for 607 pages. Look at the INTRODUCTION:

Mr. MATHIAS (for Mr. CHURCH) as co-chairman of the Special Committee on the Termination of the National Emergency, submitted the following

REPORT
[Pursuant to S. Res. 9, 93d Cong.]
INTRODUCTION

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A - A BRIEF HISTORICAL SKETCH OF THE ORIGINS
OF EMERGENCY POWERS NOW IN FORCE

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. The problem of how a constitutional democracy reacts to great crises, however, far antedates the Great Depression. As a philosophical issue, its origins reach back to the Greek city-states and the Roman Republic. And, in the United States, actions taken by the Government in times of great crises have-from, at least, the Civil War-in important ways, shaped the present phenomenon of a permanent state of national emergency.


196 posted on 12/22/2003 10:51:05 AM PST by nolu chan
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