Wednesday, September 21, 2005

Bush's Suspension of Davis Bacon Act Illegal?

BUSH WAGE CUTS FOR RELIEF WORKERS MAY BE LEGAL ERROR

this emergency statute was one of numerous authorities that were rendered dormant by the National Emergencies Act of 1976, and that can only be activated by certain procedural formalities that were absent in this case.
In particular, the President must formally declare a national emergency under the National Emergencies Act, and he must specify which standby legal authorities he proposes to activate so as to permit congressional restraint of emergency powers.
Strangely, however, President Bush proceeded as if the National Emergencies Act did not exist.

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