Apologies if this is a duplicate post. But, I didn't find it in a search.

United States Code

OK.

Now when is the declaration of war?

Who to declare war against is not a rhetorical question. Congresses delay better be about how to frame it, not whwther to do it.

United States Code

TITLE 10 - ARMED FORCES

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Sec. 123. Authority to suspend officer personnel laws during war or national emergency

... provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers ...

Sec. 123a. Suspension of end-strength limitations in time of war or national emergency

Sec. 527. Authority to suspend sections 523, 525, and 526

§ 523. Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain.

§ 525. Distribution of commissioned officers on active duty in general officer and flag officer grades.

§ 526. Authorized strength: general and flag officers on active duty.

Sec. 2201. Apportionment of funds: authority for exemption; excepted expenses

(c) Members on Active Duty. - Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided ...

Sec. 12006. Strength limitations: authority to waive in time of war or national emergency

Sec. 12302. Ready Reserve

... order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty ...

Well done. Thanks!

TAKE ME....I'M READY TO GO!

TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES

Sec. 1601. Termination of existing declared emergencies

• (a) All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect -
  • (1) any action taken or proceeding pending not finally
    concluded or determined on such date;
  • (2) any action or proceeding based on any act committed prior
    to such date; or
  • (3) any rights or duties that matured or penalties that were
    incurred prior to such date.

• (b) For the purpose of this section, the words ''any national emergency in effect'' means a general declaration of emergency made by the President.

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I - THE AGENCIES GENERALLY
CHAPTER 1 - ORGANIZATION

Sec. 105. Executive agency

For the purpose of this title, ''Executive agency'' means an Executive department, a Government corporation, and an independent establishment.

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TITLE 14 - COAST GUARD
PART I - REGULAR COAST GUARD
CHAPTER 11 - PERSONNEL
OFFICERS
f. miscellaneous provisions

Sec. 331. Recall to active duty during war or national emergency

In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty.

ENLISTED MEMBERS

Sec. 359. Recall to active duty during war or national emergency

In times of war or national emergency, the Commandant may order any enlisted member on the retired list to active duty.

Sec. 367. Detention beyond term of enlistment

Under regulations prescribed by the Secretary, an enlisted member may be detained in the Coast Guard beyond the term of his enlistment:

• (1) until the first arrival of the vessel on which he is serving at its permanent station, or at a port in a State of the United States or in the District of Columbia; or

• (2) if attached to a shore station beyond the continental limits of the United States or in Alaska, until his first arrival at a port in any State of the United States or in the District of Columbia where his reenlistment or discharge may be effected, or until he can be discharged or reenlisted at his station beyond the continental limits of the United States or in Alaska, whichever is earlier, but in no event to exceed three months; or

• (3) during a period of war or national emergency as proclaimed by the President, and, in the interest of national defense, for a period not to exceed six months after the end of the war or the termination of the emergency; or

• (4) for a period of not exceeding thirty days in other cases whether or not specifically covered by this section, when essential to the public interests, and the determination that such detention is essential to the public interests, made in accordance with regulations prescribed by the Secretary, shall be final and conclusive. Any member detained in the Coast Guard as provided in this section shall be entitled to receive pay and allowances and benefits under the same conditions as though his enlistment period had not expired, and shall be subject in all respects to the laws and regulations for the government of the Coast Guard until his discharge therefrom. Enlisted members detained under the provisions of clause (1) shall be entitled to the pay and allowances provided for enlisted personnel of the Navy detained under similar circumstances.

notsofree, Bush's declaration and order specified which sections of USCode are invoked.

While it is true that such a declaration can allow nearly unlimited powers to be bestowed on FEMA, such is not the case this time.

My post and michaganders last post list the pretinent sections of USCode invoked by Bush.

Note the description -

"This proclamation is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person."

Any person in the U.S. Government has nearly a license to kill with impunity.

Watch out for FEMA's activities.