Is Swine Flu A Secret Plot?

An email currently making the rounds suggests that President Obama's declaration of a national emergency over swine flu infections could give federal authorities dangerous and far-sweeping powers over the public.

A friend forwarded me this piece of emailed alarmism:

U.S. President Barack Obama has now declared a national emergency over swine flu infections. The reasoning behind such a declaration? According to the White House, it’s designed to "allow hospitals to better handle the surge in patients" by allowing them to bypass certain federal laws.

That’s the public explanation for this, but the real agenda behind this declaration may be far more sinister. Declaring a national emergency immediately gives federal authorities dangerous new powers that can now be enforced at gunpoint, including:

• The power to force mandatory swine flu vaccinations on the entire population.
• The power to arrest, quarantine or "involuntarily transport" anyone who refuses a swine flu vaccination.
• The power to quarantine an entire city and halt all travel in or out of that city.
• The power to enter any home or office without a search warrant and order the destruction of any belongings or structures deemed to be a threat to public health.
• The effective nullification of the Bill of Rights. Your right to due process, to being safe from government search and seizure, and to remain silent to avoid self-incrimination are all null and void under a Presidential declaration of a national emergency.

None of this means that federal agents are going to march door to door arresting people at gunpoint if they refuse the vaccine, but they could if they wanted to. Your rights as an American are no longer recognized under this national emergency declaration.

I don't know how many people are worrying about this, but some observations to reassure:

1) Presidents declare national emergencies frequently to circumvent federal work rules and burdensome regulation. For example: President Bush declared a national emergency on January 13, 2009, in order to make available more funds for policing of his successor's inauguration. From the New York Times:

The government has already set aside $15 million to help the District pay for security and medical personnel. But the District’s mayor, Adrian M. Fenty, asked for more money on January 7, citing possible crowds of 1.5 million to 2 million and “the associated stresses that would place on the city’s capabilities, particularly the medical community,” said Scott Stanzel, a spokesman for Mr. Bush.

Mr. Bush granted the request as “a precaution,” Mr. Stanzel said; if the District needs the money, it can apply for reimbursement through the Federal Emergency Management Agency. The declaration will also allow federal public health workers to join in the public safety effort.

The president’s power to declare a state of emergency is typically used after hurricanes, floods or other natural disasters, although Mr.Stanzel said presidents have occasionally declared emergencies in advance of an anticipated event.

As to the prospect of vaccination being used as an excuse for mass roundups, see this report by the Congressional Research Service.

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. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, 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 declare formally 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.

By CNN's count, the current declaration is the 5th of the Obama administration. Emergencies were previously declared for flooding in North Dakota and other severe weather conditions. The Bill of Rights is still here.

We all have enough to worry about in these hard economic times without fabricating imaginary nightmares.