Executive Order 12919: "National Emergency"
Should President George W. Bush proclaim and put into effect Executive Order 12919, "the President would put the United States under total Martial Law and Military Dictatorship." [2]
"The President need not wait for some emergency to occur, however. He can declare a National Emergency at any time, and freeze everything. Congress, and the States, are powerless to prevent such an Executive Dictatorship, as long as the President advises Congress in a timely matter." [3]
http://www.fas.org/sgp/crs/RS21024.pdfCRS Report for Congress
Received through the CRS Web
Order Code RS21024
Updated January 7, 2005
Martial Law and National Emergency
Harold C. Relyea
Specialist in American National Government
Government and Finance Division
Summary
Crises in public order, both real and potential, often evoke comments concerning
a resort to martial law. While some ambiguity exists regarding the conditions of a
martial law setting, such a prospect, nonetheless, is disturbing to many Americans who
cherish their liberties, expect civilian law enforcement to prevail, and support civilian
control of military authority. An overview of the concept of, exercise of, and authority
underlying martial law is provided in this report, which will be updated as events
warrant.
Occasionally, when some national emergency or crisis threatens public order in the
United States, the comment is made that the President may ultimately resort to imposing
martial law in order to preserve discipline and good behavior. Such was the case when
it was thought that year 2000 (Y2K) technology problems might result in situations
threatening life, property, or the general welfare in American society. The almost flawless
transition to the year 2000, of course, rendered such an action unnecessary. More
recently, at least one newspaper erroneously reported that the September 14, 2001,
declaration of a national emergency by President George W. Bush in response to terrorist
attacks in New York City and Washington, DC, “activated some 500 dormant legal
provisions, including those allowing him to impose censorship and martial law.”1 In
accordance with the requirements of the National Emergencies Act, the President’s
declaration actually activated nine selective provisions of statutory law, identified in his
proclamation, pertaining to military and Coast Guard personnel.2
Such comments, nonetheless, suggest a consideration of what martial law constitutes,
as well as when and how it might be invoked. According to one definition, martial law
“exists when military authorities carry on government or exercise various degrees of
control over civilians or civilian authorities in domestic territory.” More significantly, it
“may exist either in time of war or when civil authority has ceased to function or has
CRS-2
3 Henry Campbell Black, Black’s Law Dictionary, 6th edition (Saint Paul, MN: West Publishing,
1990), p. 974.
4 Edward S. Corwin, The President: Office and Powers, 1787-1957, 4th revised edition (New
York: New York University Press, 1957), p. 139.
5 James G. Randall, Constitutional Problems Under Lincoln, revised edition (Urbana, IL:
University of Illinois Press, 1964), p. 170.
become ineffective.”3 Constitutional scholar Edward S. Corwin agrees with this
understanding, but also offers important qualifications.
