Can you point me to "emergency powers" in the constitution?
It is in the article 2 section 1 clause 1 under war powers and executive powers.
"The executive Power shall be vested in a President of the United States of America."
Section 2 clause 1:
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; "
Section 3 clause 5
(The president must) "take care that the laws be faithfully executed."
So, the President must faithfully execute the laws passed by Congress, and in regard to what specific military and peace time power the President has, there is also
this:
Federal Emergency Declarations and Authorities
As with the states, federal law imbues designated federal officials with broad powers that allow them to respond to and assist states and localities in responding to emergencies even without a federal emergency declaration. Thus, the secretary of Health and Human Services (HHS) has broad authority under Sections 301 and 311 of the Public Health Service Act to provide assistance to states and localities.2 Federal law also provides the president and other federal officials with authority to declare emergencies under specified conditions. Some of these federal authorities relevant to the public health context include:
Actions and Authorities Triggered by Federal Emergency Declarations
Federal emergency declarations activate legal and programmatic responses from federal agencies including:
- Activating federal assistance to states in the form of financial, personnel, services, logistical, and technical assistance.
Implications of State and Federal Emergency Declarations and Authorities
An emergency declaration can change the legal and operational landscape in which governments, private organizations, and the public operate during an emergency. Emergency declarations, especially if they occur at multiple levels (federal, state, local), can confuse organizations and individuals. All state agencies need to understand the implications of operating under an emergency declaration, especially those that are not directly involved in response activities such as state procurement offices. States must also understand the legal and operational effects of a federal emergency declaration. Federal declarations may affect compliance with federal legal and programmatic requirements. Federal declarations generally do not alter state legislative and regulatory requirements; however, state law will be preempted to the extent it conflicts with federal law. State declarations are necessary to modify states legal requirements.
During H1N1, some states declared emergencies, while neighboring states did not. For some states, the relatively mild severity of the H1N1 influenza pandemic did not rise to the level needed to trigger the statutory requirements for an emergency declaration, or made states conclude that existing authorities were sufficient to handle the response. Differences in states’ decisions to declare an emergency, as well as the federal declaration and World Health Organization pandemic levels, proved confusing for healthcare providers, the private sector, and the public. State agencies were required to clearly communicate the impact of various declarations had in responding to H1N1.
I know you dont really give a shit about the actual laws and legal basis for the POTUS executive powers, but there it is anyway.