Time: Fri Oct 17 21:28:59 1997
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Date: Fri, 17 Oct 1997 21:26:39 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: EXECUTIVE ORDERS: Bonfire for the Constitution (Part I)
<snip>
>
>Forwarded:
>-------------
>
>From: "Chris W. Stark - GOA Texas Rep." <gunowner@OnRamp.NET>
>Organization: Gun Owners of America -Texas Representative
>Date: Thu, 16 Oct 1997 21:58:27 +0000
>Subject: EXECUTIVE ORDERS: Bonfire for the Constitution (Part I)
>
> EXECUTIVE ORDERS:
> Bonfire for the Constitution
> (Part I)
>
>
> On June 3, 1994, President Clinton signed Executive Orde r#12919
>gathering together into a single document all the power and athority
>of a multitude of Executive Ordersissued by preceding presidents from
>John Kennedy on. Recent examination of this Executive Order has
>brought to light that the consolidation of previous presidential
>orders deliver unprecedented authority into the hands of the Chief
>Executive that exceed those powers granted him under the U.S.
>Constitution.
>
> Incorporated under the aegis of President Clinton's EO #12919
>are powers originally claimed by President Kennedy in a series of
>Executive Orders signed into "law"in February of 1962 which, if
>invoked, would virtually suspend the greater portion of liberties
>guaranteed by the United States Constitution.
>
> In Section 3 of Kennedy's original EO #10995 entitled, "ASSIGNING
>TELECOMMUNICATIONS MANAGEMENT FUNCTIONS" there is the vague statement,
>"Such authority shall include the power to amend modify, or revoke
>frequency assignments." Innocuous as this sounds, it embodies the
>power of the Chief Executive, in time of "national emergency", to
>seize control of all radio and other telecommunications.
>
> On the same day that President Kennedy signed EO #10995, he also
>gave birth to four successive Orders that Clinton included in his EO
>containing provisions to disable constitutional rights. Executive
>Order #10997 empowers the Secretary of the Interior to seize all
>energy production facilities--specifically, "electrical power",
>"petroleum", "gas", "solid fuels", and "minerals". Section 3,
>subsection (d) of that order, entitled "Claimancy" states:
>
> Prepare plans to claim materials, manpower, equipment, supplies
> and services needed in support of assigned responsibilities and
> other essential functions of the Department...to insure
> availability of such resources in an emergency. [emphasis and
> supplied]
>
> Note the word "claim" in reference to "materials, manpower,
>equipment, supplies and services". The legal definition, as supplied
>by Black's Law Dictionary is, "To demand as one's own or as one's
>right...means by or through which claimant obtains possession or
>enjoyment of a privilege or thing. Demand for money or property as of
>a right...." This means that the government may, upon declaration of
>a state of local or national emergency, seize any of the above,
>private or otherwise, including "manpower".
>
> As to what constitutes a national emergency again Black's
>definition is quite revealing:
>
> "A state of national crisis; a situation demanding immediate and
> extraordinary national or federal action. Congress has made
> little or no distinction between a "state of national emergency"
> and a "state of war." Brown v. Bernstein, D.C.Pa., 49 F.Supp.
> 728, 732. [emphasis supplied]
>
> EO #10998 places all food resources under authority of the
>Secretary of Agriculture.
>
> EO #10999 invests the Secretary of Commerce with control over all
>means of transportation, public and private.
>
> EO #11000 provides for the establishment of manpower resources at
>the discretion of the Secretary of Labor, with the authority to
>"claim" services (labor) and involuntary relocation of workers.
>Collateral authority for this conscription of labor is given in Title
>50 app. United States Code, Section 2153 "WAR AND NATIONAL DEFENCE"
>under the section addressing civilian dispositionentitled, "DEFENSE
>PRODUCTION ACT OF 1950" in which is set forth that civilian personnel
>may be assigned work without regard to payment or reimbursement.
>
> It is important to note that according to the "War and Emergency
>Powers Act" the United States has legally been under a state of
>national emergency since its enactment in 1933. It has never been
>repealed, thus leaving the president with instant powers to suspend
>the constitution. Most legal scholars and legislators whohave studied
>the matter concur that the War and Emergency Powers Act has, in
>reality, already suspended the Constitution since the moment the act
>was signed into law by President Roosevelt. The actual suspension of
>those consitutional rights awaits only the impetus of a national
>emergency requiring it.
>
> In 1933 a U.S. Congressman entered the following statement into
>the Congressional Record:
>
> "I think of all the damnable heresies that have ever been
> suggested in connection with the Constitution, the doctrine of
> emergency is the worst. It means that when Congress declares an
> emergency, there is no Constitution. This means its death. It is
> the very doctrine that the German chancellor is invoking today in
> the dying hours of the parliamentary body of the German republic,
> namely, that because of an emergency, it should grant to the
> German chancellor absolute power to pass any law, even though the
> law contradicts the Constitution of the German republic.
> Chancellor Hitler is at least frank about it. We pay the
> Constitution lipservice, but the result is the same....the
> Constitution of the United States, as a restraining influence in
> keeping the federal government within the carefully prescribed
> channels of power, is moribund, if not dead."
>
> The introduction to Senate Report 93-549, entered into the
>Congressional Record forty years later in 1973 states:
>
> "A majority of the people of the United States have lived all
> their lives under emergency rule....For 40 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....And, in the United States,
> actions taken by the government in times of great crisis have
> from, at least, the Civil War, in important ways shaped the
> present phenomenon of a permanent state of national emergency."
>
> Following the introduction the report's opening statement goes
>on to say:
>
> "Since March the 9th, 1933, the United States has been in a state
> of declared national emergency....This vast range of powers,
> taken together, confer enough authority to rule the country
> without reference to normal constitutional processes. 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, in a plethora of particular ways, control the lives of all
> American citizens."
>
> Not overlooked by those drafting the Constitution was the possible
>need to address national emergencies. The document contains certain
>provisions indicating that its signatories conceived of the
>possibility that some guarantees of personal liberties may,in the
>national interest, require suspension.
>
> Article 1, Section 9 states: The privilege of the writ of habeas
>corpus shall not be suspended, unless when in cases of rebellion [an
>internal occurrence] or invasion [external] the public safety require
>it." This grants the citizen the freedom from imprisonment or
>detention without due process. The proviso "unless when in casesof
>rebellion or invasion the public safety require it" indicates the
>necessity to provide for some contingencies that may also carry with
>them the possibility for abuse. No document of liberty, however,
>could possibly proscribe all potential for misuse of those liberties
>without actually eliminating them in the process. It has been said
>that communism is nothing more than democrasy with all potential for
>abuse legislated out.
>
> As a result of the Executive Orders listed above, in concert with
>the War and Emergency Powers Act, there exists within the United
>States a government within a government. It is hidden, semi-covert in
>nature, and does not recognize the U.S. Constitution or its
>constraints. It functions autonomously as a form of totalitarian
>regime in suspended animation, awaiting its time of activation. It is
>a government driven by presidential Executive Orders to be executed
>by federal agencies run by non-elected officials.
>
> Executive Orders amount to ready-wired buttons by which the
>president can suspend constitutional rights at any moment he
>determines that a "national emergency" exists. The great problem
>inherent is that no binding legal definition exists asto what
>constitutes a "national emergency". That definition lies entirely
>with the Chief Executive. When he declares a state of emergency, the
>aforementioned documents can be used to activate whatever federal
>agency is most suited to address the emergency. Those agencies
>include, but are not limited to, the Bureau of Alcohol Tobacco and
>Firearms (BATF), the FBI and the Federal Emergency Management
>Administration (FEMA).
>
> Because this nation is under a continual state of emergency due to
>the War and Eergency Powers Act, and the Constitution granting
>somewhat elastic powers of emergency in "cases of rebellion or
>invasion", the president can circumvent such fundamental protections
>as thePosse Comatatus Act which forbids the use of the military
>against U.S. citizens.
>
> This slow motion decay of constitutional rights was not unforeseen
>by the Founding Fathers. In a letter to Thomas Jefferson, James
>Madison once wrote, I believe there are more instances of abridgment
>of freedom of the people by gradual and silent encroachments of those
>in power than by violent and sudden usurpations...."
>
> The Constitution of the United States of America, once the hub of
>American law and freedoms, has been moved to the position of the
>hubcap. It has become merely an ornamental relic that serves no real
>function other than that of making the American people feel as if the
>document still matters to those who govern.
>
> It appears that the modern electorate chooses their leaders for the
>same purpose that they attend a magic show. Their actual desire seems
>to be that the performer deceive them.
>
> "The prophets prophesy falsely, and the priests bear rule
> by their money; and my people love to have it so: and what
> will ye do in the end thereof?"
> Jer 5:31
>
> Copyright c 1997, The WINDS.
> ALL RIGHTS RESERVED.
> http://www.TheWinds.org
>
>
>****************************************************************
>
<snip>
===========================================================================
Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02
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_____________________________________: Law is authority in written words 09
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