If Congress Fails To pass a PO or Medicare for All, Obama needs to declare a State of Emergency

[berni_mccoy]

He should declare a State of Emergency as there are more than 100,000 Americans dying for lack of health care in this country each year (study in 1997 done by the New England Journal of Medicine ( http://www.monthlyreview.org/0903navarro.htm ). According to a study in 2002 ( http://www.usatoday.com/news/health/healthcare/2002-05-22-insurance-deaths.htm ), at least 18 thousand of these deaths are due to lack of insurance. That means there are great deal more people who are insured who are dying due to lack of care because they are either dropped from their insurance or cannot afford the extra costs in going to the doctor.

As such, under the National Emergency Act, he is authorized to issue an Executive Order that will:

1. Mobilize FEMA and the Military to open Hospitals and Medical Facilities for the treatment of civilians who are poor and unable to obtain medical care, and
2. Remove the Age Restriction on Medicare

This would be a State of Emergency until Congress passes HCR with a Public Option or Medicare for All that would bring coverage to all Americans regardless of wealth. The 2 year sunset would not apply since the conditions of the Emergency will only be removed when Congress passes a substantive law.

For those who say this is not Constitutional, you are wrong. See: http://en.wikipedia.org/wiki/State_of_emergency#United_States.

In the United States, there are several methods for government response to emergency situations. 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. Although the president, as head of the executive branch, has the authority to declare a state of emergency, the National Emergencies Act limits the president's ability to declare emergencies by requiring that they expire within two years unless specifically extended, and that the president specify in advance which legal provisions will be invoked. The International Emergency Economic Powers Act allows for the freezing of assets, limiting of trade, and confiscation of property during such an emergency.
A federal emergency declaration allows the United States Federal Emergency Management Agency (FEMA) to exercise its power to deal with emergency situations; federal assistance also becomes available to areas that are declared to be in a state of emergency. For FEMA, emergency declarations are different from the more common disaster declarations done for hurricanes and floods. Typically, a state of emergency empowers the executive to name coordinating officials to deal with the emergency and to override normal administrative processes regarding the passage of administrative rules.

The United States is officially in an ongoing (and effectively permanent) state of emergency declared by several Presidents due to multiple problems...

[polichick]

1. Wouldn't that be awesome?! nt

[Laelth]

2. Very interesting.

I think using this law in this way would set a bad precedent, but it looks like you are right. The President could do it.

:dem:

-Laelth

[berni_mccoy]

4. I personally think it would set a *good* precedent

When a majority in Congress is stifled by a minority, I think this would be a good way to break that minority controlled block.

[Lifelong Protester]

3. Wow! You got my attention.

Good points.

[TheKentuckian]

5. Why just skirt the edges? If the system must be abandoned then call for a revolution.

Otherwise, we must amend existing laws and act within them until we do. I appreciate the out of the box thinking but this is a huge over reach, though arguably legal.

[yodermon]

6. I like this idea better than your other thread Bernie.

keep 'em coming.

I'd like to work the Federal Reserve in there somewhere, something about an emergency cash infusion for healthcare.. hell if they did it for banks & AIG which are "too big to fail" they can do it for people who are literally dying in the streets