Is Bush's “National Continuity" directive really an attempt to imitate Hitler's Art. 48 emergency decrees, or just exec. infrastructure continuity? Does the media care?
Anything that appears to give in an emergency the executive the power to rule by decree makes folks nervous ever since Hitler used the Weimar Republic Constitution Article 48 emergency provisions to turn a democracy into a Dictatorship that had public approval because of its ability to sell fear, and to sell the idea that it's executive was the way to handle the reasons for that fear.
But we have already given, in FEMA and the Patriot Act, emergency powers to to the executive that are arguably "better" than the powers the executive had in Germany and the USSR in the late 30's. Does this Executive Order claiming "inherent" power to act in a “catastrophic emergency" (which per the order could be just bad storm damage to unoccupied buildings) really go further than what's in FEMA or the Patriot Act, or what was in the prior "Critical Infrastructure Protection" executive order 13010 under Clinton? Now Clinton's order 13010 of 1996 (with a tiny modification in 1998 http://www.archives.gov/federal-register/executive-orders/clinton.html) also dealt with emergency services and continuity of government - but he was "working with the private sector and Congress and State and local governments" and everything done was made subject to Congressional appropriations with departments told to obey this directive only to the extent permitted by law and subject to the availability of appropriations. Indeed Congress was informed, there was coordination with the guidelines and procedures established by the Administrator of General Services, and the order was all about coordination of
existing infrastructure protection efforts.
This order does not sound like it is in the same vain as the past measures approved by Congress and Appropriations committees. This is more in the vain of Lincoln's extra-legal efforts and has a "possible" scary part in:
(23) Annex A and the classified Continuity Annexes, attached hereto, are hereby incorporated into and made a part of this directive.
(24) Security. This directive and the information contained herein shall be protected from unauthorized disclosure, provided that, except for Annex A, the Annexes attached to this directive are classified and shall be accorded appropriate handling, consistent with applicable Executive Orders.
But then we are told there are really, really secret Clinton executive orders out there that are not even listed as being issued, and of course Bush does not need more than the Patriot act and its section 802, part 5:
"the term `domestic terrorism' means activities that--appear to be intended--to influence the policy of a government by intimidation or coercion;".
The Patriot Act's Section 802, part 5 makes just about anything, including the passage of the Patriot Act, a form of "domestic terrorism" that we must be protected against.But the Progressive.org (http://www.progressive.org/mag_wx051807) writes "Bush Anoints Himself as the Insurer of Constitutional Government in Emergency" about how Bush has gone beyond Clinton's continuation plans May 9th's release of "National Security Presidential Directive/NSPD 51" and "Homeland Security Presidential Directive/HSPD-20," and has entrusted himself with leading the entire federal government, not just the Executive Branch, while, of course, "ensuring constitutional government.” And indeed the document does clearly states "“The President shall lead the activities of the Federal Government for ensuring constitutional government” - and that sure sounds like leading all branches of government - as in dictatorship, albeit that the President while leading the other branches will make sure the effort is “coordinated by the President, as a matter of comity with respect to the legislative and judicial branches and with proper respect for the constitutional separation of powers.” "Matter of Comity" means an act of courtesy not required by law in this case. As part of this comity the President will ensure there is "orderly succession” and “appropriate transition of leadership” in the three branches of government. Indeed it is possible to read the order as allowing the President to replace leadership of the states, and any other body at any time as local disasters occur every day in these united states.
But the media does not note that we already have State and Federal laws that give methods to replace congressional, senatorial, and executive Branch Personal that die in a disaster or in the course of life.
And the media does not ask, What is the reason that this Executive order was written in this manner, because such a question is not needed as it is not in the Bush modus operandi to claim "inherrent" power to waive a signing statement that hegates a law, or indeed to lie us into war, or do some other extreme behaviour. The left is just paranoid about executive orders and "inherrent power" that leaves laws that are suspended and branches of government that are silenced in the name of "protecting the American People," - we will always have our government of laws, our checks and balances, so no need for a major media story. Indeed as in the 30's Germany, we now have a Suppreme Court that has more than one Justice that will vote for the "inherrent" powers/"signing statements negating laws" idea as being legal, so of course what Bush has in mind will be "legal". It is so un-American to question the government, or use moral reasoning when looking at the U.S. government. Besides just forget the specific wording and it becomes just another statement that the President is in-charge of the ""Continuity of Operations" for the executive branch, and delegates that authority to the National Continuity Coordinator. THe order is not a power grab just because the President already has the authority to be the lead under emergencies. An executive order is a written method of communication that enables a president to facilitate and effectuate necessary administrative functions, amd this order is not put out there with the intention of circumventing our system of representative government. The secret annex to the order does not creat a secret law that we are unable to see, even upon written request, by the people, press, Congress, or evenour select intelligence committees. It is not martial law as it is just a Continuity of Operations like the Clinton "Critical Infrastructure Protection" order, trust me.
Now is no time to worry about Dictatorship enabling Executive orders, Echelon warrantless eavesdropping on all our communications, or the suspension of Habeus Corpus which now allows the President to have anyone - citizen or not - whom the President labels with the undefined term "enemy combatant" to be grabbed off the street or dragged from his or her home and taken to any undisclosed location to be held forever with no charges and not even an admission that they have the individual in custody. We have terrorists to fear and troops to fund and civil wars to enter so our troops can be the common target for all sides.