Representative Wolf on COG, the State of Emergency and Congressâ€™ Failure to Comply With the Law
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In response to the call to action outlined in the article â€śTo All Readers: Help Force Congress To Observe the Law on National Emergencies!!!â€ť by Prof. Peter Dale Scott and former Rep. Dan Hamburg (D-CA), I emailed and faxed Senators Jim Webb (D-VA) and Mark Warner (D-VA), and Representative Frank Wolf (R-VA). In my letter I noted that former President Bush declared a â€śState of Emergencyâ€ť on September 14, 2001 and continued it every year since then, and I asked why Congress has not yet met to â€śconsider a vote on a joint resolution to determine whether that emergency shall be terminated", as Section 1622(b) of the National Emergencies Act requires them to do, every six months following such a declaration. I also asked if Congress, the Executive and the Judiciary are â€śoperating according to the Constitution, or according to the rules of Continuity of Governmentâ€ť, as the Continuity of Government procedures enacted on 9/11 have never been formally rescinded.
The only one to respond as of today, May 3, 2009 is Wolf; my letter to him and his response are posted at Scribd.com, and the text of each is pasted below. April 27, Wolf sent me his reply, and included a copy of the Congressional Research Service (CRS) Report, â€śNational Emergency Powersâ€ť, but did not answer either of my questions, instead saying;
"Dear Mr. Larson,
Thank you for your recent e-mail requesting information on state of emergency declarations and the National Emergencies Act. I appreciate your comments.
I understand your concerns and have enclosed a report from the Congressional Research Servicing providing information on national emergency powers, which includes a list of all such declarations since 1976. I hope it provides useful information.
Again, thank you for contacting me and I hope you will continue to inform me of issues of importance and concern.
Frank R. Wolf
Member of Congress"
This is the text of the letter I faxed to him (and Webb and Warner) on March 24, 2009:
Dear [Representative Wolf, 202-225-0437],
Former President Bush declared a State of Emergency on September 14, 2001 and continued it every year since, including in 2008.
I would like a written response as to why Congress apparently has not met its statutory obligations under Section 1622(b) of the National Emergencies Act, which states that: "Not later than six months after a national emergency is declared, and not later than the end of each six-month period thereafter that such emergency continues, each House of Congress shall meet to consider a vote on a joint resolution to determine whether that emergency shall be terminated."
When will the Houses of Congress meet to consider a vote on this very important issue?
Continuity of Government procedures, enacted on 9/11, have not been formally rescinded; are Congress, the Executive and the Judiciary operating according to the Constitution, or according to the rules of Continuity of Government?