Is there such a thing in the United States as a "national emergency"?

[mahatmakanejeeves]

Beats me. Let's go to the legal experts:

State of Emergency, United States

United States

Further information: Senate Report 93-549, Insurrection Act, and National Emergencies Act

The Constitution explicitly provides some emergency powers:

Congress may authorize the government to call forth the militia to execute the laws, suppress an insurrection or repel an invasion.
Congress may authorize the government to suspend consideration of writs of habeas corpus "when in cases of rebellion or invasion the public safety may require it."
Felony charges may be brought without presentment or grand jury indictment in cases arising "in the militia, when in actual service in time of war or public danger."
A state government may engage in war without Congress's approval if "actually invaded, or in such imminent Danger as will not admit of delay."

Aside from these, many provisions of law exist in various jurisdictions, which take effect only upon an executive declaration of emergency. The National Emergencies Act regulates this process at the federal level. It requires the President to specifically identify the provisions activated and to renew the declaration annually so as to prevent an arbitrarily broad or open-ended emergency. In all such cases, the government must continue to act within the limits of the law and constitution.

A state governor or local mayor may declare a state of emergency within his or her jurisdiction. This is common at the state level in response to natural disasters. The Federal Emergency Management Agency maintains a system of assets, personnel and training to respond to such incidents. For example, on December 10, 2015, Washington state Governor Jay Inslee declared a state of emergency due to flooding and landslides caused by heavy rains.

The 1977 International Emergency Economic Powers Act allows the government to freeze assets, limit trade and confiscate property in response to an "unusual and extraordinary threat" to the United States that originates substantially outside of it. As of 2015 more than twenty emergencies under the IEEPA remain active regarding various subjects, the oldest of which was declared in 1979 with regard to the government of Iran. Another ongoing national emergency, declared after the September 11 attacks, authorizes the president to retain or reactivate military personnel beyond their normal term of service.

National Emergencies Act

The National Emergencies Act (Pub.L. 94–412, 90 Stat. 1255, enacted September 14, 1976, codified at 50 U.S.C. § 1601-1651) is a United States federal law passed to stop open-ended states of national emergency and formalize the power of Congress to provide certain checks and balances on the emergency powers of the President. The Act of Congress imposes certain procedural formalities on the President when invoking such powers. The perceived need for the law arose from the scope and number of laws granting special powers to the executive in times of national emergency.

The H.R. 3884 legislation was passed by the United States 94th Congressional session and signed by the 38th President of the United States Gerald R. Ford on September 14, 1976.

[Hekate]

1. Well yes, and he's sitting in the White House

[Tanuki]

2. If the Trump presidency doesn't qualify as one, I don't know what does!

[greatauntoftriplets]

3. The "national emergency" is to deflect from Mueller's investigation.

That means that Mueller is getting close. Interesting that this came the day after the announcement of the FBI's search of Manafort's house.

[Hoyt]

4. My concern is that if there is a national emergency, few people are going to follow anything

Trump says. In a true national emergency, we'll need someone who people will listen to, and it ain't Trump.