National Emergency Powers

National Emergency Powers PDF

Author: L Elaine Halchin

Publisher: Independently Published

Published: 2019-04-05

Total Pages: 26

ISBN-13: 9781092779609

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The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report.

Congressional Record

Congressional Record PDF

Author: United States. Congress

Publisher:

Published: 1935

Total Pages: 1136

ISBN-13:

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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

Mexico

Mexico PDF

Author: June S Beittel

Publisher:

Published: 2020-01-04

Total Pages: 38

ISBN-13: 9781655345715

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Mexican drug trafficking organizations (DTOs) pose the greatest crime threat to the United States and have "the greatest drug trafficking influence," according to the annual U.S. Drug Enforcement Administration's (DEA's) National Drug Threat Assessment. These organizations work across the Western Hemisphere and globally. They are involved in extensive money laundering, bribery, gun trafficking, and corruption, and they cause Mexico's homicide rates to spike. They produce and traffic illicit drugs into the United States, including heroin, methamphetamine, marijuana, and powerful synthetic opioids such as fentanyl, and they traffic South American cocaine. Over the past decade, Congress has held numerous hearings addressing violence in Mexico, U.S. counternarcotics assistance, and border security issues. Mexican DTO activities significantly affect the security of both the United States and Mexico. As Mexico's DTOs expanded their control of the opioids market, U.S. overdoses rose sharply to a record level in 2017, with more than half of the 72,000 overdose deaths (47,000) involving opioids. Although preliminary 2018 data indicate a slight decline in overdose deaths, many analysts believe trafficking continues to evolve toward opioids. The major Mexican DTOs, also referred to as transnational criminal organizations (TCOs), have continued to diversify into such crimes as human smuggling and oil theft while increasing their lucrative business in opioid supply. According to the Mexican government's latest estimates, illegally siphoned oil from Mexico's state-owned oil company costs the government about $3 billion annually. Mexico's DTOs have been in constant flux. In 2006, four DTOs were dominant: the Tijuana/Arellano Felix organization (AFO), the Sinaloa Cartel, the Juárez/Vicente Carillo Fuentes Organization (CFO), and the Gulf Cartel. Government operations to eliminate DTO leadership sparked organizational changes, which increased instability among the groups and violence. Over the next dozen years, Mexico's large and comparatively more stable DTOs fragmented, creating at first seven major groups, and then nine, which are briefly described in this report. The DEA has identified those nine organizations as Sinaloa, Los Zetas, Tijuana/AFO, Juárez/CFO, Beltrán Leyva, Gulf, La Familia Michoacana, the Knights Templar, and Cartel Jalisco-New Generation (CJNG). In mid-2019, leader of the long-dominant Sinaloa Cartel, Joaquin ("El Chapo") Guzmán, was sentenced to life in a maximum-security U.S. prison, spurring further fracturing of a once hegemonic DTO. By some accounts, a direct effect of this fragmentation has been escalated levels of violence. Mexico's intentional homicide rate reached new records in 2017 and 2018. In 2019, Mexico's national public security system reported more than 17,000 homicides between January and June, setting a new record. In the last months of 2019, several fragments of formerly cohesive cartels conducted flagrant acts of violence. For some Members of Congress, this situation has increased concern about a policy of returning Central American migrants to cities across the border in Mexico to await their U.S. asylum hearings in areas with some of Mexico's highest homicide rates. Mexican President Andrés Manuel López Obrador, elected in a landslide in July 2018, campaigned on fighting corruption and finding new ways to combat crime, including the drug trade. According to some analysts, challenges for López Obrador since his inauguration include a persistently ad hoc approach to security; the absence of strategic and tactical intelligence concerning an increasingly fragmented, multipolar, and opaque criminal market; and endemic corruption of Mexico's judicial and law enforcement systems. In December 2019, Genero Garcia Luna, a former top security minister under the Felipe Calderón Administration (2006-2012), was arrested in the United States on charges he had taken enormous bribes from the Sinaloa Cartel.