Tuesday, October 10, 2006

Constitutional Dictatorship: The War Powers Act

America's Constitutional Dictatorship
First published in July 1996 by the North Bridge News

"National Emergency: A state of national crisis; a situation demanding
immediate and extraordinary national or federal action" Black's Law

"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... for when this bill becomes a law, ...there is no longer
Any workable Constitution to keep the Congress within the limits of its
Constitutional powers." -Spoken by Congressman Beck in 1933 prior to the
passage of the Farm Bill.

Once an emergency is declared, there is no Constitution. Senate Report
93-549 (written by Congress in 1973) states in the very first sentence
"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 automatically approved:

"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
declares that a serious national emergency exists and that it is
imperatively necessary speedily to put into effect remedies 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 Title 12, 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 why we 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?

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 whereas
"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.

For an excellent piece on this topic, see the work of Dr. Eugene Schroder,
et al, 1979 to present.


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