People Worry That Bush Could Easily Implement a Police State. But They Forget to Ask Whether He Has ALREADY Done So

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Many people have expressed outrage at NSPD-51 -- a presidential directive that gives Bush dictatorial powers in the event of a national emergency.

For example, well-known conservative writer Jerome Corsi writes:

President Bush, without so much as issuing a press statement, on May 9 signed a directive that granted near dictatorial powers to the office of the president in the event of a national emergency declared by the president.

The "National Security and Homeland Security Presidential Directive," with the dual designation of NSPD-51, as a National Security Presidential Directive, and HSPD-20, as a Homeland Security Presidential Directive, establishes under the office of president a new National Continuity Coordinator.

That job, as the document describes, is to make plans for "National Essential Functions" of all federal, state, local, territorial, and tribal governments, as well as private sector organizations to continue functioning under the president's directives in the event of a national emergency.

The directive loosely defines "catastrophic emergency" as "any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions."

When the president determines a catastrophic emergency has occurred, the president can take over all government functions and direct all private sector activities to ensure we will emerge from the emergency with an "enduring constitutional government."

Translated into layman's terms, when the president determines a national emergency has occurred, the president can declare to the office of the presidency powers usually assumed by dictators to direct any and all government and business activities until the emergency is declared over.

Ironically, the directive sees no contradiction in the assumption of dictatorial powers by the president with the goal of maintaining constitutional continuity through an emergency.

The directive specifies that the assistant to the president for Homeland Security and Counterterrorism will be designated as the National Continuity Coordinator.

Further established is a Continuity Policy Coordination Committee, chaired by a senior director from the Homeland Security Council staff, designated by the National Continuity Coordinator, to be "the main day-to-day forum for such policy coordination."

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A Congressional Research Service study notes that under the National Emergency Act, 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 variety of ways, control the lives of United States citizens."

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NSPD-51/ HSPD-20 appears to supersede the National Emergency Act by creating the new position of National Continuity Coordinator [within the White House] without any specific act of Congress authorizing the position.

NSPD-51/ HSPD-20 also makes no reference whatsoever to Congress. The language of the May 9 directive appears to negate any a requirement that the president submit to Congress a determination that a national emergency exists, suggesting instead that the powers of the executive order can be implemented without any congressional approval or oversight.

Most writers, like Corsi, are justifiably concerned that Bush can more or less "make up" a national emergency so as to invoke martial law authority under NSPD-51.

However, Corsi and everyone else is missing the bigger point: Bush has already declared a national emergency. Indeed, Bush declared one in September of 2001, and has renewed the state of emergency each year up to the present.

And we are likely already under martial law via the Continuity of Government plans. (See this, this, this and this).

So what Does NSPD-51 Really Do?

While I have no hard facts which explain why Bush issued NSPD-51, I have a theory. Specifically, I believe that NSPD-51 may have been issued for three reasons:

(1) To consolidate all governmental power in the White House. For example, the Washington Post states "former Bush administration officials said the directive formalizes a shift of authority away from the Department of Homeland Security to the White House". And the Boston Globe states that NSPD-51 has the effect of "moving such doomsday planning for the first time from the Federal Emergency Management Agency to officials inside the White House" and that "security specialists and administration officials said the new policy centralizes control of such planning in the White House");

(2) To get around the provisions of the National Emergency Act, which limits the ability of the White House to seize power, and requires certain notifications to Congress; and

(3) To create a red herring or smokescreen by phrasing a national emergency as a hypothetical, future event, when -- in fact -- America has continuously been in a state of national emergency from 9/11/01 to the present.

Authors Bio:
George Washington

As a political activist for decades, I have rejoiced in victories for the people and mourned in defeats. I chose the pen name "George Washington" because - as Washington's biographies show - he wasn't a very good strategist, but he was incredibly persistent. He hung in again and again during the worst setbacks and bleakest winters for years. That is what made him great: he simply refused to quit. George Washington therefore inspires me to be a life-long activist.

As an attorney and former law school professor, I am a firm believer that no one - even the high and mighty - are above the law.

As someone trained in environmental systems analysis, I am always looking at how different trends influence each other ... and the big picture.