Tag Archives: State of emergency

Doug Casey on Whether the US Could Soon Declare a “State of Emergency” Like Canada

As Canada goes, so goes the U.S.? From Doug Casey at internationalman.com:


International Man: Historically, when a crisis takes shape, politicians declare a “state of emergency,” which allows government to take action in ways it’s normally not allowed to.

This tactic has been used over and over again to justify all sorts of government action, removal of individual rights, and more.

What’s your take on this? Does it prove that constitutional rights are just imaginary and can be arbitrarily taken away at any moment?

Doug Casey: First, contrary to popular belief, the Constitution doesn’t grant rights. You have rights as a human being regardless of what the Constitution says or doesn’t say.

For instance, the Second Amendment of the Constitution has to do with the right to keep and bear arms. Throughout history, one of the things that distinguished a free man from a slave was the fact that a free man didn’t need permission to bear arms. If he couldn’t bear arms, it was because he was a slave. It was one of the major distinctions between a free man and a slave.

The Bill of Rights is an excellent document, but it’s hard to rely on for moral guidance simply because the Constitution is a dead letter as a practical matter. It no longer means what it says or says what it means. The Constitution has been interpreted out of existence.

It’s good that rights are spelled out in the Constitution, of course, but rights are much more basic than any Constitution. Constitutions can be changed.

We shouldn’t be dependent upon political laws at all, simply because they blow with the political winds. The US Constitution has had a good run as a philosophical, political statement. In fact, it’s the best that’s ever been put into real-world effect. But the hoi polloi view it as an obsolete product of old, dead, white men—the patriarchy. White men and their artifacts, like Western Civilization itself, are now held in contempt by large sections of society.

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A Nonemergency of His Own Making, by Andrew P. Napolitano

Trump’s trade war against China is the product of bad economic theory and is producing bad law. From Andrew P. Napolitano at lewrockwell.com:

Late last week, President Donald Trump issued a tweet in which he purported to order American businesses to cease doing work with their employees and contract partners in China.

He claimed he was exercising presidential powers pursuant to what he contended was the national emergency surrounding the trading relationship between the United States and China.

Since he did not declare a national emergency, he did not notify Congress and give it the opportunity to ratify or reject his executive orders. In fact, he didn’t even sign any executive orders on this.

He merely ordered American businesses in a tweet to cease all commercial activities with anyone in China. It appears that no American company took him seriously and none complied. Can he legally do this?

Here is the backstory.

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