Can Constitutional Rights Be Suspended Due to Swine Flu National Emergency?

by | Oct 24, 2009 | Headline News | 3 comments


President Obama signed a proclamation on October 23, 2009 declaring the Swine Flu a national emergency (view the proclamation). The question on the minds of many in alternative news circles and forums is whether or not this means that Martial Law is soon to follow and constitutional rights are to be stripped.

With swine flu being “widepsread” in 46 states as of this writing, it is uncertain exactly what steps the government can and will take. The Presidential proclamation authorizes emergency medical action to be taken under Social Security Act 1135, and seems to limit any emergency powers to this Act.

While the Federal government certainly has the power to enforce Martial Law and suspend constitutional protections, it is important to note that the United States has been in a state of National Emergency since September 14, 2001 per Presidential Proclamation 7463. Incidentally, this was extended by President Obama for another year as of September 10, 2009. Additionally, President Bush declared a National Emergency during Hurricane Katrina in Proclamation 7924. During these time periods, unless a violation fell under the umbrella of the Patriot Act, constitutional rights have remained generally intact.

WorldNetDaily, in their article Swine flu emergency! What does that mean?, concludes

“But even if there really is a plot to manipulate the H1N1 virus scare into enforcing a sweeping expansion of federal power, today’s “national emergency” falls far short of martial law. “

FOX News Video Discussing the Swine Flu Proclamation

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    1. Colonel_X

      Sic Semper Tyrannis
      Veritas Omnia Vincula Vincit

    2. admin

      “Thus Always to Tyrants
      Truth Overcomes All Things”

      My Latin’s a little rusty, so i had to look up that second line…

    3. Kevin

      While Obama’s declaration has little teeth, there is an Act that has been overlooked.  The Model States Health Emergency Powers Act,  which has been used as a model for many states, is now a viable option for any state Governor.  As of July 2006, 44 states have passed all, or part of the complete act.  It is up to the Governor to declare a state of emergency.  This Act grants unprecidented powers.  It states that all commodities, food, clothing, transportation, REAL ESTATE, or whatever is deemed for the public good,  can immediately seized.  It also states that if a person refuses to comply with vaccination, they can be quarantined.  Included is the power to restrict, ration or otherwise control all “material” items of importance.   ie food ect.

      Keep in mind that each state had the right to tailor portions of the act to their needs.  Just thought I’d throw this out since it seems that many are unaware of its’ existance.

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