Well, in the summer 2007, Congressman Peter DeFazio, on the Homeland Security Committee (and so with proper security access to be briefed on COG issues), inquired about continuity of government plans, and was refused access. Indeed, DeFazio told Congress that the entire Homeland Security Committee of the U.S. Congress has been denied access to the plans by the White House (video; or here is the transcript). The Homeland Security Committee has full clearance to view all information about COG plans. DeFazio concluded: "Maybe the people who think there’s a conspiracy out there are right”.
Professor Scott's point that COG planning may have already superseded the Constitution can be summarized by making an analogy. Let's assume that the police are not supposed to seize and sell a suspect's house unless a court has held a full trial and found that person guilty of a certain offense. And let's say that the police seize and sell somebody's house, but that the suspect's relatives cannot find any record that there has been a trial, let alone a finding of guilt by the court.
Comment: Impotent Congress? No kidding; when the balance of power was lost to the special interest groups in 1913 this is what we get, an Imperial President. Fools!