In light of the recent economic catastrophe on Wall Street I can’t help being reminded of Executive order 51, May 2007, which gives the President unusual powers. Executive orders for continuity of government in response to and recovery from a national emergency are not new (This order revokes Presidential Decision Directive 67 of October 21, 1998, the continuity order established by President Clinton.) but some of the language in this order is stunning.
The second part of the directive, "Definitions," contains some never before seen language in an order like this. It begins by defining what a "Catastrophic emergency" means by including a severe disruption of the environment and the economy. In other words, the continuity plan could be put into effect as the result of a natural disaster such as a hurricane, or an economic tragedy like a meltdown on Wall Street.
(b) "Catastrophic Emergency" means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions;
The continuity plan could mean implementing martial law, or any other action deemed appropriate by the President. This could include a postponement of a national election until the emergency situation is resolved. What is truly worrisome is the definition of an "Enduring Constitutional Government".
e) "Enduring Constitutional Government," or "ECG," means a cooperative effort among the executive, legislative, and judicial branches of the Federal Government, coordinated by the President, as a matter of comity with respect to the legislative and judicial branches and with proper respect for the constitutional separation of powers among the branches, to preserve the constitutional framework under which the Nation is governed and the capability of all three branches of government to execute constitutional responsibilities and provide for orderly succession, appropriate transition of leadership, and interoperability and support of the National Essential Functions during a catastrophic emergency;
Under this Executive Directive the three branches of government will be coordinated by the President meaning that he will preside over all three "as a matter of comity". Comity within branches of government means that one branch will extend certain courtesies to another and then reciprocate those same courtesies. But "comity" doesn't guarantee the normal constitutional checks and balances, nor does comity guarantee our bill of rights.
What it boils down to is that the President has declared that he will direct the action of the three branches of government and allow them to function as a courtesy.
If Bush declares that the US has reached an emergency, then this directive could give him vast authority.