I have a question.

Question:

I read recently that after World War II our constitutional rights were suddenly rendered null by some sort of presidential right that could override the Constitution. But I forgot what the document I was reading called it. All of us want to believe we can rely on the constitution our nation was founded on. Is it still in full effect and could that be changed?
Catherine

Answer:

Thank you for your questions Catherine. I will leave your second question for next week.

The document you are referring to is the "War and Emergency Powers Act" of 1933. In Senate Report 93-54 the act is summarized.

These proclamations give force to 470 provisions of Federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by the Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers, taken together, confer enough authority to rule the country without reference to normal Constitutional processes.
Under the powers delegated by these statutes, 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 plethora of particular ways, control the lives of all American citizens.

Article I, Section 9, Clause 2 of the Constitution states:

The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

The Founding Fathers did foresee times times of emergency during which normal Constitutional processes would need to be suspended for the safety and preservation of the people of the United States. However, the Constitution does not allow for the Constitution to be nullified by the President nor Congress even in a state of emergency. The "War and Emergency Powers Act" does not negate the Constitution, only establishes a law under which emergencies can be addressed, as with our laws regarding who assumes authority if the President is incapacitated.

While the act is a protection in times of emergency, for example in case of terrorist attack, invasion, epidemic, the big asteroid that has been predicted, or some other disaster that shuts down the nation, it is admittedly an avenue for someone who would be a dictator to take control. But with or without the "War and Emergency Powers Act" we are still in danger from such persons and as a people we must remain on guard and demand the attention of our representatives in Congress.

In a short summary, No President or Congress has authority to nullify the Constitution. Only the people by neglect or intent can do away with it.

(Contributed by George Sweeney)

(Next week we will look at how the Constitution is legally changed.)

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