Legalities of a "State of Emergency"?

[Nathan Newman]

The Constitution never can be suspended by legislation, although many rights
not protected by the Constitution can be overriden.  How many will depend on
the Supreme Court -- not that happy a lot with its present occupants, but we
will see where this all shakes out after the initial war hysteria fades.
And despite the worse of what this court has said, the one thing it held out
for this last session ( by a one vote margin) is the right of immigrants
with felony convictions to a day in court, overriding legislation that said
otherwise.  Even now, many legislators are talking about making sure we
don't restrict civil liberties in whatever is done.

Some of the marginal legislation that's been kicking around will no doubt
pass, but we'll see as this unfolds.

Nathan Newman
nathan at newman.org
http://www.nathannewman.org
----- Original Message -----
From: "James Baird" <jlbaird3 at yahoo.com>
To: <lbo-talk at lists.panix.com>
Sent: Saturday, September 15, 2001 8:55 PM
Subject: Legalities of a "State of Emergency"?

Hey, can any of the lawyers on the list help me
understand exactly what it means that we are now in a
nationwide "State of Emergency"?  I've been trying to
track down stuff on the Thomas website, but every lay
seems to refer to anther one, and of course they don't
have any decent systems of hyperlinks...

I mean, am I just paranoid, or does this basically
mean that the Constitution is suspended ofr the
duration?

Jim Baird

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