
The Federal Emergency Management Agency, or FEMA, has been described as the secret government of the United States. It is not an elected body, and it has more power than the President or Congress. FEMA has the power to suspend laws, move populations, arrest and detain citizens without a trial, seize property, and suspend the Constitution. This power can be triggered by a state of emergency declared by the President, which Congress cannot review for six months. FEMA's extraordinary powers can also be activated by the declaration of martial law, which the President has broader powers to enact.
| Characteristics | Values |
|---|---|
| FEMA's full form | Federal Emergency Management Agency |
| FEMA's nature | Not an elected body, does not involve itself in public disclosures, has a quasi-secret budget in the billions of dollars |
| FEMA's power | More than the President of the United States or the Congress, more than "the people" |
| FEMA's creation | Not created under Constitutional law by the Congress, product of a series of Presidential Executive Orders |
| FEMA's powers | Suspend laws, move entire populations, arrest and detain citizens without a warrant and hold them without trial, seize property, food supplies, transportation systems, suspend the Constitution |
| FEMA's goals | Suspend the Constitution in the event of a national crisis, such as nuclear war, violent and wide-spread internal dissent, or national opposition to a U.S. military invasion abroad |
| FEMA's emergency powers | Increase domestic intelligence and surveillance of U.S. citizens, restrict the freedom of movement within the United States, grant the government the right to isolate large groups of civilians, federalize the National Guard to seal all borders and take control of U.S. air space and all ports of entry |
| FEMA's extraordinary powers | Activated by the declaration of martial law by the President of the United States |
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What You'll Learn

FEMA's powers during a national crisis
The Federal Emergency Management Agency, or FEMA, has been described as the "secret government" of the United States. It is not an elected body and does not make public disclosures. FEMA has a semi-secret budget of billions of dollars and has more power than the President of the United States or Congress. FEMA was conceived during the Richard Nixon Administration and refined by President Jimmy Carter, but it was given teeth in the Ronald Reagan and George Bush Administrations.
FEMA's powers can be triggered easily and are not limited to actual emergencies. In any form of perceived domestic or foreign problem, emergency powers can be enacted. The President of the United States has the power to declare martial law, which activates FEMA's extraordinary powers. Martial law can be declared during times of increased tension overseas, economic problems, civil unrest, demonstrations, riots, and drug crises. These powers have been increased with successive Crime Bills, particularly in 1991 and 1993, which increase the power to suspend the rights guaranteed under the Constitution.
Under emergency plans, the power exists to suspend the Constitution and turn over control of the government to FEMA, with military commanders running state and local governments. FEMA has the power to suspend laws, move entire populations, arrest and detain citizens without a warrant, and hold them without trial. It can seize property, food supplies, and transportation systems. FEMA also has the power to take over all modes of transportation, control highways and seaports, and seize and control communication media.
Executive Order Number 12656 appointed the National Security Council as the principal body to consider emergency powers. This allows the government to increase domestic intelligence and surveillance of U.S. citizens and restrict their freedom of movement. The National Guard could be federalized to seal all borders and take control of U.S. airspace and ports of entry. FEMA has been on the threshold of taking control of the nation several times, but a crisis has not been sufficiently dangerous to warrant the risk of martial law.
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FEMA's powers over the military
The Federal Emergency Management Agency (FEMA) is the most powerful entity in the United States. It was not created under Constitutional law by Congress but through a series of Presidential Executive Orders. FEMA has the power to suspend the Constitution and the Bill of Rights. It does not answer to Congress, the Supreme Court, or even the President once set in motion.
FEMA's powers can be easily triggered in any form of domestic or foreign problem, perceived or actual. The President of the United States has the power to declare martial law, which activates FEMA's extraordinary powers. Under a national emergency, the Constitution can be suspended, and Congress cannot do anything about it. FEMA has the power to suspend laws, move entire populations, arrest and detain citizens without a warrant, and hold them without trial. It can seize property, food supplies, and transportation systems.
FEMA has been criticized for its response to certain disasters, such as the October Surprise Storm in Buffalo, New York, in 2006, and the 2007 tornadoes in Dumas, Arkansas. However, it has also funded over 11,000 recovery projects totaling more than $33.9 billion for Hurricane Maria, primarily focused on restoring permanent infrastructure in Puerto Rico.
In terms of FEMA's powers over the military, Executive Order Number 12656 appoints the National Security Council as the principal body that should consider emergency powers. This allows the government to increase domestic intelligence and surveillance of US citizens and restrict their freedom of movement. The National Guard could be federalized to seal all borders and take control of US airspace and ports of entry. Additionally, FEMA has the right to order the detention of anyone whom there is reasonable ground to believe will engage in acts of espionage or sabotage, and to establish concentration camps for detaining the accused without a trial.
In February 2025, it was revealed that former President Trump's Military Alliance deployed forces to shut down FEMA's concentration camps and seize classified documents. Trump's forces aimed to stop FEMA from enacting martial law and dismantle its operations.
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FEMA's powers to suspend civil liberties
The Federal Emergency Management Agency, or FEMA, has been described by some as the "'secret government' of the United States." It is not an elected body and does not make public disclosures. FEMA has a semi-secret budget of billions of dollars and has been given more power than the President or Congress.
FEMA was conceived during the Nixon Administration, refined by President Jimmy Carter, and given teeth in the Ronald Reagan and George Bush Administrations. It has been argued that FEMA has the power to suspend the Constitution, as well as the power to suspend laws, move entire populations, arrest and detain citizens without a warrant, and hold them without trial. FEMA can also seize property, food supplies, and transportation systems.
Executive Order Number 12656, for example, allows the government to increase domestic intelligence and surveillance of US citizens and restrict their freedom of movement. The National Guard could be federalized to seal all borders and take control of US airspace and all ports of entry. Executive Order 10990 allows the government to take over all modes of transportation and control of highways and seaports. Executive Order 10995 allows the government to seize and control the communication media.
FEMA's powers can be triggered easily and its extraordinary powers are activated when the President declares martial law, which can be during a time of increased tension overseas, economic problems, civil unrest, or a drug crisis. These powers have increased with successive Crime Bills, particularly in 1991 and 1993, which increased the power to suspend the rights guaranteed under the Constitution.
On July 5, 1987, the Miami Herald published reports on FEMA's new goals, which included suspending the Constitution in the event of a national crisis, such as nuclear war, violent and widespread internal dissent, or national opposition to a US military invasion abroad.
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FEMA's powers to detain citizens
The Federal Emergency Management Agency (FEMA) has been described as the "secret government" of the United States. It is not an elected body, and it does not make public disclosures. FEMA has been given more power than the President of the United States or Congress, and it has the power to suspend laws, move entire populations, arrest and detain citizens without a warrant, and hold them without trial.
FEMA's powers can be triggered easily, and in any form of perceived domestic or foreign problem, emergency powers can be enacted. The President of the United States has broad powers to declare martial law, which activates FEMA's extraordinary powers. Martial law can be declared during times of increased tension overseas, economic problems, civil unrest, and drug crises.
Under existing emergency plans, the power exists to suspend the Constitution and turn over control of the government to FEMA, with military commanders running state and local governments. FEMA would then have the right to order the detention of anyone whom there is reasonable ground to believe will engage in, or probably conspire with others to engage in, acts of espionage or sabotage. The plan also authorizes the establishment of concentration camps for detaining the accused, without trial.
There have been three instances since 1984 when FEMA almost took control of the nation: once under President Reagan in 1984 and twice under President Bush in 1990 and 1992. However, in these cases, there was not a sufficient crisis to warrant risking martial law. Experts on FEMA and Martial Law insist that a crisis must appear dangerous enough for the people of the United States to tolerate a complete government takeover.
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FEMA's powers to seize property
The Federal Emergency Management Agency (FEMA) is a powerful organization in the United States with broad authority in emergency situations. While FEMA has been associated with Executive Orders that could potentially suspend the Constitution and the Bill of Rights, it is important to understand the specifics of FEMA's powers, particularly regarding property seizure.
FEMA's powers related to property seizure are outlined in various sources and have been a subject of discussion in certain cases. One notable mention is the Stafford Act, which grants FEMA the authority to fund "hazard mitigation measures" and acquire facilities and supplies in areas affected by disasters. However, it is important to clarify that the Stafford Act does not empower FEMA to seize private property in exchange for disaster assistance. This misconception has been addressed by FEMA itself, stating that applying for disaster assistance does not grant FEMA ownership of an individual's property or land.
In the context of disaster relief, FEMA's property-related powers are limited to areas susceptible to flooding. Even in these cases, FEMA cannot directly acquire the property. The property owner cannot be forced to sell, and the property must not be handed over to private citizens or entities. Instead, entities with the power of eminent domain, such as certain state and local governments, may condemn private property for public use, but they must provide fair compensation to the property owner.
In the Lalit Modi case, ED officials mentioned FEMA's new rule, empowering them to confiscate property in India of individuals accused of stashing money or illegally acquiring assets abroad. This rule, backed by the Special Investigation Team (SIT) on black money, allows for the confiscation of property during the investigation, ensuring the recovery of penalties imposed.
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Frequently asked questions
Yes, FEMA has the power to suspend the Constitution. FEMA stands for the Federal Emergency Management Agency and is not subject to Congress, the Supreme Court, or the President.
FEMA's powers can be triggered in any form of domestic or foreign problem, perceived or actual. The President's power to declare martial law activates FEMA's extraordinary powers.
FEMA can suspend laws, move entire populations, arrest and detain citizens without a warrant, hold them without trial, seize property, food supplies, and transportation systems.
FEMA has come close to taking control of the nation three times: once under President Reagan in 1984, and twice under President Bush in 1990 and 1992. However, there was not a sufficient crisis to warrant risking martial law.

























