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Date: Thu, 29 May 1997 06:39:44 -0700
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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: IUFO: EXECUTIVE ORDERS NULLIFY RIGHTS (fwd)
<snip>
>
>A friend may well be reckoned the
>>masterpiece of nature".
>>- Ralph Waldo Emerson
>>
>>THE EXECUTIVE ORDER:
>>
>>a Presidential Power not designated by the Constitution
>>
>>By Harry V. Martin with research assistance from David Caul
>>
>>Copyright FreeAmerica and Harry V. Martin, 1995
>>
>>Article I, Section 1 of the United States Constitution is concise in its
>>language, "All legislative powers herein granted shall be vested in a
>>Congress of the United States, which shall consist of a Senate and House of
>>Representatives." When the Constitution was proposed, those opposed to a
>>strong central government, the anti-Federalists, argued that there was no
>>Bill of Rights to protect the people and that a centralized government would
>>become too powerful, usurping the rights of the individual States.
>>
>>At the time of its formation, the Constitution was created in secrecy and in
>>direct contradiction to the mandate of the Congress, which was to amend the
>>Articles of Confederation that were governing the infant nation since the
>>end of the American revolution. Under the Articles of Confederation, the
>>President of the United States was known as the President of the United
>>States in Congress Assembled. The one-year Presidency was very limited in
>>its scope, responsibility and authority. The Constitution, in contrast to
>>the Articles of Confederation, established a strong four-year Presidency,
>>but still only providing extremely limited powers to the office.
>>
>>The greatest fear the founders of this nation had was the establishment of a
>>strong central government and a strong political leader at the center of
>>that government. They no longer wanted kings, potentates or czars, they
>>wanted a loose association of States in which the power emanated from the
>>States and not from the central government.
>>
>>John Adams advocated that a good government consists of three balancing
>>powers, the legislative, executive and the judicial, that would produce an
>>equilibrium of interests and thereby promote the happiness of the whole
>>community. It was Adams' theory that the only effectual method to secure the
>>rights of the people and promote their welfare was to create an opposition
>>of interests between the members of two distinct bodies (legislative and
>>executive) in the exercise of the powers of government, and balanced by
>>those of a third (judicial).
>>
>>THE BILL OF RIGHTS
>>
>>On June 8, 1789, James Madison proposed the Bills of Rights to the new
>>Congress. Its eventual creation was the outcropping of arguments made in the
>>respective State legislatures debating ratification of the new Constitution.
>>Madison had previously been opposed to the establishment of the Bill of
>>Rights, but the treatises of Thomas Jefferson convinced him of the necessity
>>of such Constitutional amendments. The concept was simple, according to
>>Madison, "That all power is originally vested in, and consequently derived
>>from the people. That government is instituted and ought to be exercised for
>>the benefit of the people; which consists in the enjoyment of life and
>>liberty and the right of acquiring property, and generally of pursing and
>>obtaining happiness and safety. That the people have an indubitable,
>>unalienable, and indefeasible right to reform or change their government
>>whenever it be found adverse or inadequate to the purpose of its
>>institution."
>>
>>He further advocated, "The civil rights of none shall be abridged on account
>>of religious belief or worship...The people shall not be deprived or
>>abridged of their right to speak, to write, or to publish their sentiments;
>>and the freedom of the press, as one of the great bulwarks of liberty, shall
>>be inviolable. The people shall not be restrained from peaceably assembling
>>and consulting for their common good; nor for applying to the legislature by
>>petitions or remonstrances for redress of their grievances...The right of
>>the people to keep and bear arms shall not be infringed."
>>
>>The framework of this nation is embodied in the Bill of Rights, unequaled in
>>its time, and surpassed by none to date. Madison also stated, "The rights of
>>the people to be secured in their persons, their houses, their papers, and
>>their other property from all unreasonable searches and seizures shall not
>>be violated by warrants issued without probable cause, supported by oath or
>>affirmation, or not particularly describing the places to be searched, or
>>the persons or things to be seized." He added, "In all criminal
>>prosecutions, the accused shall enjoy the right to a speedy and public trial
>>to be informed of the cause and nature of the accusation, to be confronted
>>with his accusers and the witnesses against him; to have a compulsory
>>process for obtaining witnesses in his favor; and to have the assistance of
>>counsel for his defense."
>>
>>THE EXECUTIVE ORDER IN TIME OF WAR
>>
>>Many of the fears of the founding fathers may now be coming to fruition.
>>Today, the executive branch of the government is immensely powerful, much
>>more powerful than the founding fathers had envisioned or wanted.
>>Congressional legislative powers have been usurped. There is no greater
>>example of that usurpation than in the form of the Presidential Executive
>>Order. The process totally by-passes Congressional legislative authority and
>>places in the hands of the President almost unilateral power. The Executive
>>Order governs everything from the Flag Code of the United States to the
>>ability to single-handedly declare Martial Law. Presidents have used the
>>Executive Order in times of emergencies to override the Constitution of the
>>United States and the Congress.
>>
>>President Andrew Jackson used executive powers to force the law-abiding
>>Cherokee Nation off their ancestral lands. The Cherokee fought the illegal
>>action in the U.S. Supreme Court and won. But Jackson, using the power of
>>the Presidency, continued to order the removal of the Cherokee Nation and
>>defied the Court's ruling. He stated, "Let the Court try to enforce their
>>ruling." The Cherokee lost their land and commenced a series of journeys
>>that would be called The Trail of Tears.
>>
>>President Abraham Lincoln suspended many fundamental rights guaranteed in
>>the Constitution and the Bill of Rights. He closed down newspapers opposed
>>to his war-time policies and imprisoned what many historians now call
>>political prisoners. He suspended the right of trial and the right to be
>>confronted by accusers. Lincoln's justification for such drastic actions was
>>the preservation of the Union above all things. After the war and Lincoln's
>>death, Constitutional law was restored.
>>
>>In 1917, President Woodrow Wilson could not persuade Congress to arm United
>>States vessels plying hostile German waters before the United States entered
>>World War One. When Congress balked, Wilson invoked the policy through a
>>Presidential Executive Order.
>>
>>President Franklin Delano Roosevelt issued Executive Order No. 9066 in
>>December 1941. His order forced 100,000 Japanese residents in the United
>>States to be rounded up and placed in concentration camps. The property of
>>the Japanese was confiscated. Both Lincoln's and Roosevelt's actions were
>>taken during wartime, when the very life of the United States was
>>threatened. Wilson's action was taken on the eve of the United States
>>entering World War One. Whether history judges these actions as just, proper
>>or legal, the decision must be left to time. The dire life struggle
>>associated with these actions provided plausible argumentation favoring
>>their implementation during a time when hysteria ruled an age.
>>
>>THE NEW DANGERS
>>
>>A Presidential Executive Order, whether Constitutional or not, becomes law
>>simply by its publication in the Federal Registry. Congress is by-passed.
>>Here are just a few Executive Orders that would suspend the Constitution and
>>the Bill of Rights. These Executive Orders have been on record for nearly 30
>>years and could be enacted by the stroke of a Presidential pen:
>>
>> * 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.
>>
>> * EXECUTIVE ORDER 10997 allows the government to take over all electrical
>> power, gas, petroleum, fuels and minerals.
>>
>> * EXECUTIVE ORDER 10998 allows the government to take over all food
>> resources and farms.
>>
>> * EXECUTIVE ORDER 11000 allows the government to mobilize civilians into
>> work brigades under government supervision.
>>
>> * EXECUTIVE ORDER 11001 allows the government to take over all health,
>> education and welfare functions.
>>
>> * EXECUTIVE ORDER 11002 designates the Postmaster General to operate a
>> national registration of all persons.
>>
>> * EXECUTIVE ORDER 11003 allows the government to take over all airports
>> and aircraft, including commercial aircraft.
>>
>> * EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to
>> relocate communities, build new housing with public funds, designate
>> areas to be abandoned, and establish new locations for populations.
>>
>> * EXECUTIVE ORDER 11005 allows the government to take over railroads,
>> inland waterways and public storage facilities.
>>
>> * EXECUTIVE ORDER 11051 specifies the responsibility of the Office of
>> Emergency Planning and gives authorization to put all Executive Orders
>> into effect in times of increased international tensions and economic
>> or financial crisis.
>>
>> * EXECUTIVE ORDER 11310 grants authority to the Department of Justice to
>> enforce the plans set out in Executive Orders, to institute industrial
>> support, to establish judicial and legislative liaison, to control all
>> aliens, to operate penal and correctional institutions, and to advise
>> and assist the President.
>>
>>Without Congressional approval, the President now has the power to transfer
>>whole populations to any part of the country, the power to suspend the Press
>>and to force a national registration of all persons. The President, in
>>essence, has dictatorial powers never provided to him under the
>>Constitution. The President has the power to suspend the Constitution and
>>the Bill of Rights in a real or perceived emergency. Unlike Lincoln and
>>Roosevelt, these powers are not derived from a wartime need, but from any
>>crisis, domestic or foreign, hostile or economic. Roosevelt created
>>extraordinary measures during the Great Depression, but any President faced
>>with a similar, or lesser, economic crisis now has extraordinary powers to
>>assume dictatorial status.
>>
>>Many of the Executive Orders cited here have been on the books for over a
>>quarter of a century and have not been applied. Therefore, what makes them
>>more dangerous today than yesteryear? There has been a steady, consistent
>>series of new Executive Orders, originating from President Richard Nixon and
>>added to by Presidents Ronald Reagan, Jimmy Carter and George Bush that
>>provide an ominous Orwellian portrait, the portrait of George Orwell's 1984.
>>
>>THE EROSION OF INDIVIDUAL RIGHTS
>>
>>A series of Executive Orders, internal governmental departmental laws,
>>unpassed by Congress, the Anti-Drug Abuse Act of 1988 and the Violent Crime
>>Control Act of 1991, has whittled down Constitutional law substantially.
>>These new Executive Orders and Congressional Acts allow for the construction
>>of concentration camps, suspension of rights and the ability of the
>>President to declare Martial Law in the event of a drug crisis. Congress
>>will have no power to prevent the Martial Law declaration and can only
>>review the process six months after Martial Law has been declared. The most
>>critical Executive Order was issued on August 1, 1971. Nixon signed both a
>>proclamation and Executive Order 11615. Proclamation No. 4074 states, "I
>>hereby declare a national emergency", thus establishing an economic crisis.
>>That national emergency order has not been rescinded.
>>
>>The crisis that changed the direction of governmental thinking was the
>>anti-Vietnam protests. Fear that such demonstrations might explode into
>>civil unrest, Executive Orders began to be created to allow extreme measures
>>to be implemented to curtail the demonstrations. The recent Los Angeles
>>riots after the Rodney King jury verdict only reinforced the government's
>>concern about potential civil unrest and the need to have an effective
>>mechanism to curtail such demonstrations.
>>
>>Here are the later Executive Orders:
>>
>> * EXECUTIVE ORDER 11049 assigns emergency preparedness function to
>> federal departments and agencies, consolidating 21 operative Executive
>> Orders issued over a fifteen year period.
>>
>> * EXECUTIVE ORDER 11921 allows the Federal Emergency Preparedness Agency
>> to develop plans to establish control over the mechanisms of production
>> and distribution, of energy sources, wages, salaries, credit and the
>> flow of money in U.S. financial institution in any undefined national
>> emergency. It also provides that when a state of emergency is declared
>> by the President, Congress cannot review the action for six months.
>>
>> * EXECUTIVE ORDER 12148 created the Federal Emergency Management Agency
>> (FEMA) that is to interface with the Department of Defense for civil
>> defense planning and funding. An "emergency czar" was appointed. FEMA
>> has only spent about 6 percent of its budget on national emergencies,
>> the bulk of their funding has been used for the construction of secret
>> underground facilities to assure continuity of government in case of a
>> major emergency, foreign or domestic.
>>
>> * EXECUTIVE ORDER 12656 appointed the National Security Council as the
>> principal body that should consider emergency powers. This allows the
>> government to increase domestic intelligence and surveillance of U.S.
>> citizens and would restrict the freedom of movement within the United
>> States and granted the government the right to isolate large groups of
>> civilians. The National Guard could be federalized to seal all borders
>> and take control of U.S. air space and all ports of entry. Many of the
>> figures in the Iran-Contra scandal were part of this emergency
>> contingent, including Marine Colonel Oliver North.
>>
>>The Federal Emergency Management Agency has broad powers in every aspect of
>>the nation. General Frank Salzedo, chief of FEMA's Civil Security Division
>>stated in a 1983 conference that he saw FEMA's role as a "new frontier in
>>the protection of individual and governmental leaders from assassination,
>>and of civil and military installations from sabotage and/or attack, as well
>>as prevention of dissident groups from gaining access to U.S. opinion, or a
>>global audience in times of crisis."
>>
>>The Violent Crime Control Act of 1991 provides additional powers to the
>>President of the United States, allowing the suspension of the Constitution
>>and Constitutional rights of Americans during a "drug crisis". It provides
>>for the construction of detention camps, seizure of property, and military
>>control of populated areas. This, teamed with the Executive Orders of the
>>President, enables Orwellian prophecies to rest on whoever occupies the
>>White House. The power provided by these "laws" allows suspension of the
>>Constitution and the rights guaranteed in the Bill of Rights during any
>>civil disturbances, major demonstrations and strikes and allows the military
>>to implement government ordered movements of civilian populations at state
>>and regional levels, the arrest of certain unidentified segments of the
>>population, and the imposition of Martial Law.
>>
>>When the Constitution of the United States was framed it placed the
>>exclusive legislative authority in the hands of Congress and with the
>>President. Article I, Section 1 of the United States Constitution is concise
>>in its language, "All legislative powers herein granted shall be vested in a
>>Congress of the United States, which shall consist of a Senate and House of
>>Representatives." That is no longer true. The Bill of Rights protected
>>Americans against loss of freedoms. That is no longer true. The Constitution
>>provided for a balanced separation of powers. That is no longer applicable.
>>
>>Perhaps it can be summed up succinctly in the words of arch-conservative
>>activist Howard J. Ruff. "Since the enactment of Executive Order 11490, the
>>only thing standing between us and dictatorship is the good character of the
>>President, and the lack of a crisis severe enough that the public would
>>stand still for it."
>
>Angie Carlson/Charmaine Ferreira
>
>-> Send "subscribe iufo " to majordomo@world.std.com
>-> Posted by: "Byron Weeks, MD" <doc777@cyberhighway.net>
>
>
>
>
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