[Nettime-bold] Is the Constitution Suspended

["Steve McAlexander" <mcalexander@veriomail.com>]

Title: Is the Constitution Suspended?

 

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Dr. Eugene Schroder's work on War and Emergency Powers.

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Is the Constitution Suspended?

by Dr. Eugene Schroder

Reviewed by Dr. Walker F. Todd, former Assistant General Counsel to the Federal Reserve Board of New York, former Assistant General Counsel to Federal Reserve Bank of Cleveland.

By definition, the word suspend means: "to cease for a time; interrupt; withhold temporarily." A suspension is strictly a temporary action.

Article I, section 9 of the Constitution says: "the Writ of Habeas Corpus shall not be suspended, except in cases of rebellion or invasion when the public safety may require it."

Article I, section 10 of the Constitution says: "No state shall ... make any thing but gold and silver coin a tender in payment of debts;...enter into any agreements or compact with another state,...unless actually invaded, or in such imminent danger as will not admit of delay."

The Fifth Amendment of the Constitution says: "No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger."

Quoting from Senate Report 93-549 page 522 will give us some insight as to how our government addresses the question of whether or not our Constitution can be suspended.

[Note: Mr. Clark refers to Ramsey Clark, former U.S. Attorney General. Mr. Katzenbach is former U.S. Attorney General Nicholas Katzenbach.]

[Mr. Clark is speaking]

I don't think that you will be able to find case law that will answer your question. It doesn't exist. You can find it as to certain powers, the power to suspend written habeas corpus, come of the oldest law cases, Bill of Rights, and things like that.

They are quite careful and restrictive on the power, but the power to suspend is specifically contemplated by the Constitution in writ of habeas corpus. When you come to the Bill of Rights, in my philosophy, there is no capacity in Government that these are inalienable rights. They are reposed in the people, and the Government, whatever the emergency, cannot transgress them.

SENATOR CHURCH. Any other opinion entered here?

MR. KATZENBACH. Yes. I agree with that, with what Mr. Clark has said. I think there are some rights in the Constitution which clearly can't be totally suspended under the Constitution. I think there are factual circumstances which require a balancing of various rights from time to time and which may, in some circumstances, justify more restrictions that would otherwise. Even with respect to the first amendment, there are probably some rights which you can assert, absent crisis; but given really intense crisis, the Court might condone some circumstantial conscription. Philosophically, the rights where I agree with Mr. Justice Black is pretty black-and-white on the first amendment - however, the Court never went along entirely with his philosophy on that. I am sure, as a practical matter, that you could have the kind of crisis where rather extraordinary power can be taken on to people.

As we can see from this discussion, at least in the opinions of certain Senators and Supreme Court Justices, and they seem to be the ones who enforce the policy of government, that the Constitution can in fact be suspended in times of great crisis. However, the Constitution is very specific in saying that the only time a suspension can be contemplated is during a period of "invasion or rebellion."

On March 4, 1933 when Franklin D. Roosevelt was inaugurated president, he announced that, "I shall ask the Congress for the one remaining instrument to meet the crisis - broad executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe."

Obviously the emergency that Roosevelt was dealing with was not a rebellion or invasion, but simply an economic emergency. Our Constitution does not contemplate a suspension for an economic emergency.

Nonetheless, when Congress convened in emergency session on March 9, 1933 they (the Congress) declared that a state of national emergency existed over the country. Our Constitution at Article I, section 8 gives Congress the power to declare war, but nowhere in our Constitution did we give congress the power to declare an emergency. The state of national emergency declared by Congress was in actuality a declaration of war, conveying to all branches of government extraordinary powers that were just as great as if we were invaded by a foreign foe. It is important to note that this emergency (war) declared on March 9, 1933 was not a presidentially declared emergency but rather a Congressionally declared emergency. Congress could now claim the power to delegate its emergency power to the president, and it did.

According to Senate Report 93-549 as of 1974 there were 630 Congressional Acts which conferred "emergency power" authority to federal agencies, which the president established through Executive Orders.

According to Senate Report 93-549, as of 1974, there were 630 Congressional acts which conferred "emergency power" authority to federal agencies. Most of these "permanent" Congressional acts were based on "temporary" Executive Order powers. Almost all of the uncontrolled government expansion has come from "temporary" emergency powers for "mandates" asserted by the federal government which have become effectively "permanent."

AntiShyster, Political Accountability, Lane Marcussen, Vol. 5, No. 5, page 3

On September 14, 1976, Congress passed Public Law 94-412 "National Emergencies Act." This Act at Sec. 101(a) says:

All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, United States Code, as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated two years from the date of such enactment. Such termination shall not affect -

(1) any action taken or proceeding pending not finally concluded or determined on such date;

(2) any action or proceeding based on any act committed prior to such date: or

(3) any rights or duties that matured or penalties that were incurred prior to such date.

Sec. 502(a) The provisions of this Act shall not apply to the following provisions of law, the powers and authorities conferred thereby, and actions taken thereunder:

(1) Section 5(b) of the Act of October 6, 1917, as amended (12 U. S. C. 95a: 50 U. S. C. App. 5 (b)

Title 12 U. S. C. (95a) (1) says "During the time of war, the President may, through any agency that he may designate, and under such rules and regulations as he may prescribe, by means of instructions, licenses, or otherwise ..."

It is critically important to note at this point that even though the Congress attempted to limit the powers of the President in any future emergency declared by the president, they did not terminate the declared state of emergency (declared by themselves). Therefore we continue to remain under the state of emergency (war) declared by Congress on March 9, 1933.

Furthermore, Congress did not terminate the Emergency Act of March 9, 1933. They continue with what became known as the First Hundred Days.

The Hundred Days

The following actions taken by President Roosevelt and congress were called "The Hundred Days."

March 9 - The Emergency Banking Act - complete control of all banks, gold and silver, currency and transactions.

March 20 - The Economy Act - an act to reduce the government deficit.

March 31 - Civil Conservation Act - an act to control the use of natural resources.

April 19 - Abandonment of gold standard - seizure of all gold.

May 12 - Emergency Relief Act - control of social agenda and national welfare program.

May 12 - Agricultural Adjustment Act - an act to nationalize and control all production and pricing of agricultural commodities.

May 18 - Tennessee Valley Authority - nationalization of utilities.

May 27 - Truth in Securities - control of private financing.

June 5 - House Joint Resolution 192 - abrogation of gold clause in public and private contracts - control of all contracts.

June 13 - Home Owner's Loan Act - control financing and prices of homes and bail out banks.

June 18 - National Industrial Recovery Act - nationalization of industry and labor. Provided for industrial self-government under federal control, and provided $3.3 billion for public works.

June 16 - Glass-Stegall Act - divorced commercial and investment banking and guaranteed bank deposits and led to establishment of the FDIC.

June 16 - Railroad Coordination Act - resulted in nationalization of transportation.

Constitution: Fact or Fiction, Dr. Eugene Schroder, pg 35-36.

Hundreds of agencies, boards and commissions were established to direct and enforce these emergency delegations of powers.

As Harold Relyea, a specialist in American National government with the Congressional Research Service explained, "The emergency declared in 1933 still exists as a matter of law but not as a matter of policy." Relyea goes on to say that the powers are dormant. However, by simple observation of current events, it should be obvious that the powers are not dormant.

For instance:

(1) We continue to have these hundreds of Agencies, Boards and Commissions write rules and regulations to govern the people of the state.

(2) The President sends troops abroad with or without the consent of Congress and orders troops to serve under U. N. Command.

(3) The President bails out Mexico over the objection of Congress. Secretary of Treasury Reuben admits that the authority came from the Act of Congress dated January 30, 1934 (The Gold Reserve Act) which in Section 13 approves the powers conferred by the Act of March 9, 1933 and the Act of May 12, 1933 (Agricultural Adjustment Act).

(4) The President makes a NAFTA agreement under Fast Track and both houses (Congress and Senate) vote by simple majority to approve. This power was conferred on June 12, 1934 as an emergency power.

(5) The Federal government prosecutes crimes of interstate commerce, establishes intrastate police power, regulates firearms, prosecutes Ruby Ridge, Waco and Oklahoma City events as Federal Crimes. States enter into compacts and agreements with other states. All these were conferred as emergency acts of congress after Roosevelt declared War on Crime May 18, 1934.

(6) We continue to live with "Emergency Currency" authorized by the Act of Congress (Title IV of March 9, 1933). (See Federal Reserve Bank of Cleveland Working Paper 9405 by Dr. Walker F. Todd., telephone 216-579-3079. The same working paper also is available for $6 plus shipping from American Institute for Economic Research, P. O. Box 1000, Great Barrington, MA 01230, under the title, "The Federal Reserve Board and the Rise of the corporate State, 1931-1934." It also is available at the same price from Elizabeth Currier, Committee for Monetary Research and Education, Fax 704-599-7036, under the title "From Constitutional Republic to Corporate State: The Federal Reserve Board, 1931-1934.")

(7) Agriculture continues to be regulated under the Act of May 12, 1933.

(8) Congress has now declared War on many fronts: poverty, drugs, etc.

We could go on and on, but the important thing to understand is that the "New Deal" has not terminated. Have these Acts temporarily impaired and suspended our Constitution? I believe the answer is obviously yes. Were these Acts lawful and Constitutional? I believe the answer is obviously NO.

The primary objective of Constitution: Fact or Fiction and A Special Report on the War and Emergency Powers was not to lend credibility to the federal government, but rather to help the American people better understand that these Acts of the Congress, President, and the Courts are in fact unconstitutional, unlawful, and must be terminated.

In our efforts to understand this contorted and confused web of Congressional Acts, Presidential Executive Orders and Court decisions, there will probably be technical mistakes made. However, please accept our word of honor that we will never intentionally give disinformation to anyone.

As the old axiom goes, before you try to solve a problem, you must first identify the problem. Our objectives are to identify the problem and devise a strategy for solving the problem. Only then can we restore our prosperity, freedom and original peacetime Constitutional Republic.

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