War and the Emergency Powers
War and The Emergency Powers and The Gold-Fringed Flag
"The illegal we do immediately. The unconstitutional takes a little longer."--Henry Kissinger
Since March 9, 1933, the United States has been in a state of declared national emergency. In fact, there are now in effect four presidentially-proclaimed states of national emergency: In addition to the national emergency declared by President Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, and the states of national emergency declared by President Nixon on March 23, 1970, and August 15, 1971.
Senate Report 93-549
War and Emergency Powers Acts,
Executive Orders and the New World Order
The Introduction to Senate Report 93-549 (93rd Congress, 1st Session, 1973) summarizes the situation that we face today - except it is far worse today than it was in 1973 !!
"A majority of the people of the United States have lived all of their lives under emergency rule. For 40 years [now 66 years], freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency. The problem of how a constitutional democracy reacts to great crises, however, far antedates the Great Depression. As a philosophical issue, its origins reach back to the Greek city-states and the Roman Republic. And, in the United States, actions taken by the Government in times of great crises have - from, at least, the Civil War - in important ways, shaped the present phenomenon of a permanent state of national emergency."
PRESIDENTIAL POWERS IN TIMES OF EMERGENCY:
On September 14, 2001, President Bush declared that a "national emergency exists by reason of the terrorist attacks ... and the continuing and immediate threat of further attacks on the United States." When the emergency will end, no one knows.
The Major Premise
(updated November 13, 2000)
The Introduction to Senate Report 93-549 (93rd Congress, 1st Session, 1973) summarizes the situation as best as possible;
"A majority of the people of the United States have lived all of their lives under emergency rule. . . And, in the United States, actions taken by the Government in times of great crises have-from, at least, the Civil War-in important ways, shaped the present phenomenon of a permanent state of national emergency."
Is the Constitution Suspended?http://www.thenewamerican.com/tna/1996/vo12no03/vo12no03_schroder.htm
- (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
- (b) The authorities granted to the President by section 1702 of this title may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Sec. 1631. Declaration of national emergency by Executive order; authority; publication in Federal Register; transmittal to Congress
When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.
WE ARE THE ENEMY!
We the People Scoop 1/8/05 ** Special Edition **
MEDIA RELEASE: THE PEOPLE ARE THE ENEMY
"Since March the 9th, 1933, the United States has been
in a state of declared national emergency. Under the
powers delegated by these statutes, the President may:
seize property; organize and control the means of
production; seize commodities; assign military forces
abroad; institute martial law; seize and control all
transportation and communication; regulate the
operation of private enterprise; restrict travel;
and... control the lives of all American citizens"
This situation has continued absolutely uninterrupted
since March 9, 1933. We have been in a state of
declared national emergency for nearly 63 years
without knowing it.
According to current laws, as found in 12 USC, Section
95(b), everything the President or the Secretary of
the Treasury has done since March 4, 1933 is
"The actions, regulations, rules, licenses, orders and
proclamations heretofore or hereafter taken,
promulgated, made, or issued by the President of the
United States or the Secretary of the Treasury since
March the 4th, 1933, pursuant to the authority
conferred by Subsection (b) of Section 5 of the Act of
October 6th, 1917, as amended [12 USCS Sec. 95a],
are hereby approved and confirmed. (Mar. 9, 1933,
c. 1,Title 1, Sec. 1, 48 Stat. 1]".
On March 4, 1933, Franklin D. Roosevelt was inaugurated as President. On March 9, 1933, Congress approved, in a special session, his Proclamation 2038 that became known as the Act of March 9, 1933:
"Be it enacted by the Senate and the House of
Representatives of the United States of America in
Congress assembled, That the Congress hereby
declaresthat a serious national emergency exists
and that itis imperatively necessary speedily to put
into effectremedies of uniform national application".
This is an example of the Rule of Necessity, a rule of
law where necessity knows no law. This rule was
invoked to remove the authority of the Constitution.
Chapter 1, Title 1, Section 48, Statute 1 of this Act of March 9, 1933 is the exact same wording as Title12, USC 95(b) quoted earlier, proving that we are still under the Rule of Necessity in a declared state of national emergency.
12 USC 95(b) refers to the authority granted in the Act of October 6, 1917 (a/k/a The Trading with the Enemy Act or War Powers Act) which was "An Act to define, regulate, and punish trading with the enemy, and for other purposes".
This Act originally excluded citizens of the United States, but in the Act of March 9, 1933, Section 2 amended this to include "any person within the United States or any place subject to the jurisdiction thereof".
It was here that every American citizen literally became an enemy to the United States government under declaration.
According to the current Memorandum of American Cases and Recent English Cases on The Law of Trading With the Enemy, we have no personal Rights at law in any court, and all Rights of an enemy (all American citizens are all declared enemies) to sue in the courts are suspended, whereby the public good must prevail over private gain.
This also provides for the taking over of enemy private property. Now we know whywe no longer receive allodial freehold title to our land... as enemies, our property is no longer ours to have.
The only way we can do business or any type of legal
trade is to obtain permission from our government by
means of a license.
So who initiated all of these emergency powers?
(Again the abominable Federal Reserve - HR)
On March 3, 1933, the Federal Reserve Bank of New York adopted a resolution stating that the withdrawal of
currency and gold from the banks had created a national emergency, and "the Federal Reserve Board is
hereby requested to urge the President of the United
States to declare a bank holiday, Saturday March 4, and Monday, March 6".
Roosevelt was told to close down the banking system.
He did so with Proclamation 2039 under the excuse of
alleged unwarranted hoarding of gold by Americans.
Then with Proclamation 2040, he declared on March 9,
1933 the existence of a national bank emergency
"all Proclamations heretofore or hereafter issued by
the President pursuant to the authority conferred by
section 5(b) of the Act of October 6, 1917, as amended, are approved and confirmed".
Once an emergency is declared, there is no common law and the Constitution is automatically abolished. We
are no longer under law. Law has been abolished. We
are under a system of War Powers.
Our stocks, bonds, houses, and land can be seized as Americans are considered enemies of the state. What we have is not ours under the War Powers given to the President who is the Commander-in-Chief of the military war machine.
Whenever any President proclaims that the national
emergency has ended, all War Powers shall cease to be in effect. Congress can do nothing without the
President's signature because Congress granted him
these emergency powers.
For over 60 years, no President has been willing to give up this extraordinary power and terminate the original proclamation.
Americans are an enemy subject to tribunal district courts under Martial Law wartime jurisdiction;
a Constitutional Dictatorship.
Help americans: Rescind, Revoke & Restore What's Left of Us!
Rescind, Revoke & Restore What's Left of Us!
April 29th - 2005 - We are beginning the fifth year of the new millennium and this nation has never been in greater danger. This country is cringing under a cloud of growing fascism that is being led by the Politics of Division. There is a war between the economic classes that erupted when the middle class was murdered. In matters of religion, the divisions are threatening to rip this nation apart, because Bush tore down the wall between church and state.
And personal sexual rights and responsibilities have been under siege since the new Barbarians began to rewrite the constitution in religiously specific ways.
Our national and international policies are in total disarray, because there is no leadership in any of the three branches of this government, or on any level within the legal profession, the military or the bureaucracy. Virtually everything that has been undertaken by this self-appointed band of plundering posers has been a failure; so it would appear that if there is to be a nation here in the sixth year of the new millennium: then the time has come for the public to begin to speak of Consequences.
The public should demand that the White House rescind the Bush Doctrine of 2002.This document has done more to destroy relations between and among the nations of the world, than anything else that the US has tried to do in our history. What this has done to American life at home is only just now beginning to take root and become clear.
The USA has done some extremely despicable things over the decades, but those activities were confined to one area of the universe at a time. This time, in the fourth month of the fifth year of the new millennium, The Bush Doctrine of 2002 is attempting to do to all what we did before: Not to just a few countries, but to the whole world simultaneously. The net result of this arrogant and insane document has been to alienate almost every other nation on the planet, with the possible exception of the failed state of Israel. [FPF: US/Israel + Holland - Url.: http://tinyurl.com/asaam ]
This policy cannot protect the people of this country, because this policy flagrantly spits upon all those who are not Americans. At the moment we have very few friends; and if we do not rescind the Bush Doctrine, we shall have only enemies, wherever there are other people.
The Congress of the United States must revoke the war powers that they gave unconditionally to George W. Bush. This illegal forfeiture by Congress of their responsibility for making war, has led the world to see us as an outlaw nation. A people that slinks beneath the skull and crossbones of the Jolly Roger: that Pirate�s flag that we have made our own. By giving Bush the ultimate in unlimited war-making power that was contained in the Congressional 'License to Kill'' that he asked for and received: the Congress violated the trust placed in them by both the constitution and the people. The only course open to us now is to revoke those war powers that Congress gave away in the after-shock of 911.
If there is any doubt that this should happen, perhaps a quick look at previous results might be in order. When American helicopters fled from the roof of the American Embassy in Saigon, because we had lost the war in Viet Nam to the insurgents there: Donald Rumsfeld was the US Secretary of Defense. We lost over 57,000 American soldiers in that war: Today we are still in Iraq, with no exit strategy and the official death toll is somewhere above 1,500 dead Americans. Donald Rumsfeld is again the US Secretary of Offense. It took ten long years to end the Viet Nam War, how long will we stay in Iraq? War is the ultimate in obscene and illegal profits, and apparently that is all that we now care about.
When we went to Viet Nam we were told that if we lost, there would be a domino effect and all of Southeast Asia, and perhaps even the Pacific would fall to the Communists. We lost, and now the largest Communist states in the world are some of our biggest trading partners. Even Viet Nam although still communist, is embracing capitalism. Meanwhile many of the same people that backed the US war in Southeast Asia have now outsourced their former US jobs and moved their factories to China. And while Communism still exists, it is thriving because of capitalistic moves by the Corporatocracy, to circumvent US taxes and avoid regulations, while reaping billions from cheap and unprotected labor. So who really won that war, and who really lost it: try asking the military veterans!
How much longer will this charade go on ' do we have to lose another 55,000 of those that Rummy considers to be nothing more than cannon fodder, before this government concedes reality? Neither Rumsfeld, nor the Pentagon, nor the White House will allow military funerals to become public events. Even military coffins have undergone a name change to prevent the disclosure of their movements. Coffins are now officially �transfer tubes'' and everything is SECRET!
The public tends to see Bush in his 'Presidential' bomber-jacket as the leader, the one who sends the troops to war: The truth is the responsibility for this WAR belonged to Congress and when that task was theirs, they illegally gave away that responsibility. The cynical believe that this was so that if things turned bad, then congress could point to all that blood on the hands of Bush and Rumsfeld and the Pentagon. That is what they did, but it is not what they should have done; because Congress is the body constitutionally designated to declare War: So it is Congress that should answer those opposed to these deadly and now unending misadventures. Questions and demands concerning the fate of one's loved ones in uniform should be directed to that Congress of Cowards, to those that took our taxes, then failed to represent the people that earned the money.
Those who still think that Bush is somehow involved in leadership, should hold him accountable, but they should know that he will only smirk and sneer. People need to remember that this Bush comes from a long line of failures, and he is only the latest in that would-be dynasty. http://bushwatch.org/family.htm
Dubya should not be confused with Harry S. Truman who had a sign on his desk that said 'The Buck Stops Here.'' Because Bush believes that phrase meant that this president should get all the money and none of the blame!
One of the greatest ironies of the Bush years is the fact that he's always been just an AWOL cheerleader, pretending to be a cowboy on his pretend ranch, he is now the pretend president of something that he is incapable of understanding. To men like Bush, as well as to hundreds of thousands maybe millions of doctors, lawyers and politicians: an oath is just 'words-on-paper,'' something that only a clueless sucker takes seriously! In their minds ' those of us that get mad because someone failed to keep a promise are just 'useful idiots'' who deserve to be deceived!
But what if the suckers begin to question the policies, what if they want an accounting? How much more will continue to be paid out in blood and treasure before this public finally says ENOUGH, and finally demands some Consequences?
Speaking of money ' Where is the Money that went into the Social Security Trust Fund ' each and every week for over sixty years? That has to amount to tens of trillions? Bush now says that there never was a Trust Fund � so where is that money that was supposedly placed in trust, to provide for our futures?
It's one thing to pay as much we do to the government in taxes, only to see that go back to the rich: three times in four years, so far! Social Security was supposed to be our safety net; the one thing we could actually depend on for the insecurity of an old age that everyone knows will come. Congress wants to talk about complexities, and contingencies, but you don�t have to be an accountant or a banker to know that when that much money is created and accumulated: that amount has to grow into something huge - and the bigger it gets the more it earns, so what happened to all that money?
The United States of America was a member of the global community of nations. We were far from perfect, but there was a time when people used to look here for an opportunity where they could be free to chase their own dreams and to make a life, without having anything to fear from a vengeful and corrupt government - those days are long gone. As a nation we have now alienated almost everyone on the planet in one way or another. Our long time adversaries are forming compacts to block our every move, and nation after nation is walking away from any involvement with America. We cannot stand-alone in the world, we must take back our government from that corruption that we have allowed to creep into every orifice of our way of life, because there will be Consequences.
There is a pathway open, but there is very little time. We must insist that Congress RESCIND the Bush Doctrine of 2002, because the only real safety lies in having decent and balanced policies both domestically and internationally � and this document is the direct opposite of what is healthy for this nation or the world.
We must demand that Congress REVOKE the war powers they gave Bush after 911. Then we need to turn over our part in Iraq to the Arab League and bring all troops home. We also need a complete review of American military and foreign policy, worldwide.
All of this has to start someplace; to wait is to invite the wasting of evermore blood and treasure on all sides. It is clear that media here is too busy with celebrity affairs to bother with what will shape or lives as well as our deaths. We can no longer ignore reality. Are we gods that can decide who will live and who will die in yet another failed enterprise, that we were conned into believing had something to do with a real and present danger to the USA? Bush destroyed the Atlantic Alliance, threatened the future of NATO and attempted to decimate the UN, and he did all of that for a lie that he knew was nothing but a lie. The formal investigations into WMD have ended - there were none! Where are the Consequences now - for the slaughter of all those people who were guilty of wanting to live in their own country? Now that we�ve failed, where and when will this finally begin to end?
Bush and his opportunists have plans to attack many more countries, in his 'never-ending war'' but we don't have enough troops to finish the two wars we're already in. How much long will we tolerate a 'leader'' that can only fail? Where will we get the additional troops for these new wars in the Middle East, what about North Korea, or the rapidly deteriorating scene in central and South America (as the Pentagon sees things). Things are coming apart everywhere, at home and abroad because the truly clueless people in this society are either on Team Bush, or are supporting them.
We have all been living with this self-destructive disease for far too long, and still
we have not asked the basic questions that each and every one of us must ask.
The Bush years mark the first time any American got away with stealing two presidential elections in a row, and with that accomplished: What could anyone in that inner circle possibly still fear? One has to wonder, given everything that�s happened: Is there anything more that these thugs could do that would move the public to genuine and lasting anger? What is being done now will affect generations yet unborn - and yet those most deeply affected still do not speak!
Bush & the Bandits have overseen the greatest corporate frauds and thefts, since records have been kept. They have smashed what was left of protections for the viability of the planet and they have crushed the wall between church and state that is bringing the population to the edge of civil war over a primitive ideology of hate and vengeance in politics. In business they have devastated the job markets beyond recognition, while vigorously pushing for unprecedented numbers of outsourced American jobs, thus increasing corporate welfare for the same pirates that have massively increased profits for themselves while escaping billions in taxes. They have been trying to kill American productivity and promise, while failing to provide any alternatives for the road-kill left in the wake of their decisions, just to expand their bottom lines. The list of their crimes against the people of this country that they were sworn to protect, is too vast to even begin to enumerate.
Yet in every area of life: from war to child-care, from health and education to law enforcement and national security we have allowed this government to become despicable. Every American is in a partnership with this federal government. They take our taxes, and supposedly provide what the law requires of them, while they supposedly protect us and see to it that there will be a future for the citizens of this country. That �partnership'' has become a criminal hijacking of the rights and futures of all of us that are not rich or powerful, and our 'National Security'' has become the cruelest joke of all, in this growing police state.
When was the last time that you asked anything of the government? When have you seriously questioned the motives of anything that is being done in your name? If not why not: Because we continue to pay and pay for that privilege, but too few of us have ever questioned anything! A partnership can only work if both parties speak. The president is not a god, he is just a man a very flawed man, from a very flawed family - still he and his cronies need to be questioned relentlessly on the criminal record they have amassed since they arrived.
Bush is terrified of us! He will not speak to any group that allows anyone that disagrees with his pogroms to attend. His thugs detain anyone he does not approve of - where's the free speech, what happened to civil rights? Congress is supposed to ask the questions for us, but there are only a handful of people in that millionaires club who are even remotely interested in that. We became the laughing stock of the world for our ignorance and timidity. And now our reluctance to confront this man and all his creatures has made us targets of opportunity in a world grown hostile and deadly in his aftermath!
Many say they did not know - ''this wasn't on the news'' - well does it surprise you that at the Nuremberg Trials, men got life in prison for spreading propaganda, for omitting the news, and for telling the lies that kept the Nazi�s in power? The Media here and now is beneath contempt and should begin to reflect on their responsibilities!
When will this begin to happen, when will we finally get mad enough to demand some answers about ALL of these criminal conspiracies, ALL the missing money, ALL the dead bodies, ALL the forsaken promises and ALL the broken dreams that happened because our unsolicited 'partner'' in this life ' has broken every rule of civility, shattered all expectations, and lied about every action they have undertaken since day one of this nightmare?
When will it be time for a full and on-the-record accounting, one not done by stooges or co-conspirators, but by those with a real and lasting interest in the truth of what really happened here?
In nature and in life there are always consequences because for every action taken, there will always be an equal and opposite reaction.
If we wait for this to happen, it will definitely be too late!
FOREIGN PRESS FOUNDATION
Editor : Henk Ruyssenaars
*The Dutch author this far has worked abroad 4 decades for international media as a fully independent foreign correspondent, of which 10 years - also during Gulf War I - in
Enemies?emies? That's right! It's true! You and I are the enemy of the United States government . . . defined so by law in the UNITED STATES CODE! For us to be enemies, we must be under a state of emergency. We ARE UNDER a declared state of emergency and HAVE BEEN since March 1933.ARE WE THE ENEMY OF THE UNITED STATES GOVERNMENT?
WAR POWERS TODAY IN AMERICA
The United States is a belligerent government under international law of nations and the people therein. Yes you, dear reader, are the enemy subject and have never, ever, been a sovereign, and neither have your relatives dating back to 1787, UNLESS your relatives were one of the aristocracy having land and money and possibly a grant from the Crown.
Executive Orders And Laws relating to National Emergencies Laws http://www.disastercenter.com/laworder/50chap34.htm
Subject: Re: IMPORTANT: War and The Emergency Powers (Video)
Date: Fri, 15 Dec 2000 14:28:28 -0800
From: "Philip E. Jones" email@example.com
Dear friends, I am organizing a meeting of ALL moderate, conservative, and veterans organizations in March of next year, in San Antonio, for the purpose of consolidating our efforts by forming a coalition of organizations. I would like to take this opportunity to invite you and any organization you are a member of to attend. Let me know if you would be interested and I will advise you of the date when we decide. Thanks.
Philip E. Jones, Attorney at Law
126 East Main Plaza
San Antonio, Texas 78205
phone: (210) 224-1923; fax: (210) 227-4229
web site: HTTP://UNITEDVETS.TRIPOD.COM
"War and emergency powers / Laws, regulations and rules"
(Emergency War Powers and our Constitution)
Emergency Powers Statutes
(Senate Report 93-549)
WAR AND EMERGENCY POWERS
A SPECIAL REPORT ON THE NATIONAL EMERGENCY IN
THE UNITED STATES OF AMERICA
This page contains the complete text of the book "War and Emergency Powers" A SPECIAL REPORT ON THE NATIONAL EMERGENCY IN THE UNITED STATES OF AMERICA. Researched and written by: Gene Schroder, Alvin Jenkins, Jerry Russell, Ed Petrowsky, Russell Grieder, Darrell Schroder, Walter Marston, Lynn Bitner, Billy Schroder, Van Stafford, Fred Peters, Tinker Spain, and Paul Bailey.
Due to file size limitations we have elected not to include scanned images of the exhibits that appear in the book.
Oklahoma City University Law Review
Volume 24, Number 3 (1999)
THE PRESIDENT'S EMERGENCY WAR POWERS AND THE EROSION OF CIVIL LIBERTIES IN PYNCHON'S VINELAND
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Rescind War/Emergency Powers
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