World Newsstand – 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 Dictionary
“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.
The reason for the gold fringe on the American flag is that it symbolizes the country at war or in a state of martial law. These decorated flags have been in every government building of this country since that day in March 1933. SOME DAY real truth about legal terms, legalese,admiralty law , Blacks law dictionary terms and yes the Babylon Cult of Baal where much of our judiciary is derived from will be understood and knowledge can fight back against the system. Do you understand? ( ha-ha)
BS. First, one who is working in a position that was created by a compact /contract may not unilaterally change their contract and have it be LAWFUL and binding on all parties involved.
The US Constitution does NOT allow any such thing such as “emergency powers” or “martial law”. READ IT. Just because some one who serves within our federal or state government creates COLOR OF LAW that says they have the power to do things outside of the contract they serve under and are Oathbound to is bunk!
Here is proof, and there are LOTS more then what I will put here.
“The basic purpose of a written constitution has a two-fold aspect, first securing [not granting] to the people of certain unchangeable rights and remedies, and second, the curtailment of unrestricted governmental activity within certain defined spheres.” Du Pont v. Du Pont, 85 A 724.
James Madison: “Government is instituted to protect property of every sort; AS WELL THAT WHICH LIES IN THE VARIOUS RIGHTS OF INDIVIDUALS, as that which the term particularly expresses. THIS BEING THE END OF GOVERNMENT, THAT ALONE IS A JUST GOVERNMENT, WHICH IMPARTIALLY SECURES TO EVERY MAN, WHATEVER IS HIS OWN.”
“Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the Federal Government and its limitations of the power of the States were determined in the light of emergency and they are not altered by emergency.” Home Building & Loan Association v. Blaisdell, 290 U.S. 398, 425 (1934)
“The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism.” The Supreme Court of the United States, 1866
“Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves –, James Madison June 1785.
South Carolina newspaper essay, reprinted in Virginia that urged that any law that had to be enforced by the military was necessarily illegitimate: ““When an Army is sent to enforce Laws, it is always an Evidence that either the Law makers are conscious that they had no clear and indisputable right to make those Laws, or that they are bad [and] oppressive. Wherever the People themselves have had a hand in making Laws, according to the first principles of our Constitution there is no danger of Nonsubmission, Nor can there be need of an Army to enforce them.”
“What is a constitution? It is the form of government, delineated by the mighty hand of the people, in which certain first principles of fundamental laws are established.” Van Horne v. Dorrance, 2 Dall. 304.
“A constitution is designated as a supreme enactment, a fundamental act of legislation by the people of the state. A constitution is legislation direct from the people acting in their sovereign capacity, while a statute is legislation from their representatives, subject to limitations prescribed by the superior authority.” Ellingham v. Dye, 231 U. S. 250.
“The constitution of a state is stable and permanent, not to be worked upon the temper of the times, not to rise and fall with the tide of events. Notwithstanding the competition of opposing interests, and the violence of contending parties, it remains firm and immoveable, as a mountain amidst the strife and storms, or a rock in the ocean amidst the raging of the waves.” Vanhorne v. Dorrance, supra.
So who were the DOMESTIC ENEMIES that created the concept that those who serve within our governments might actually have that kind of power over the people?
Dr. Edwin Vieira: “This has nothing to do with personalities or subjective ideas. It’s a matter of what the Constitution provides…
The government of the United States has never violated anyone’s constitutional rights… The government of the United States will never violate anyone constitutional rights, because it cannot violate anyone’s constitutional rights. The reason for that is: The government of the United States is that set of actions by public officials that are consistent with the Constitution. Outside of its constitutional powers, the government of the United States has no legitimacy. It has no authority; and, it really even has no existence. IT IS WHAT LAWYERS CALL A LEGAL FICTION.
… the famous case Norton v. Shelby County… The Court said: “An unconstitutional act is not a law; it confers no rights; it imposes no duties. It is, in legal contemplation, as inoperative as though it had never been passed.”
And that applies to any (and all) governmental action outside of the Constitution…” What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do. Look at the First Amendment… What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability.
If we go to the doctrine of “Emergency Powers,”… what was the foundational case that put that doctrine on the constitutional map? It was Knox vs. Lee, the legal tender cases brought after the Civil War.
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… read a dissenting opinion by Justice Stephen Field, the only Justice on the Supreme Court who had the integrity to dissent in every legal tender case that he heard. He wrote a dissenting opinion in Dooley vs. Smith, in 1872. He wrote, “The arguments in favor of the constitutionality of legal tender paper currency tend directly to break down the barriers which separate a government of limited powers from a government resting in the unrestrained will of Congress. Those limitations must be preserved, or our government will inevitably drift from the system established by our Fathers into a vast, centralized, and consolidated government.”
You notice he was not talking specifically about the monetary powers. He wasn’t saying that these arguments would lead to the monetary powers being unrestrained. It was destroying the concept of limited government. “The arguments in favor of the constitutionality of legal tender paper currency tend directly to break down the barriers which separate a government of limited powers from a government resting in the unrestrained will of Congress.” How do you define, or how would you characterize, a government resting in the unrestrained will of Congress, or any other political body? It is by definition a totalitarian government…” (End Dr. Vieira quote)
Sort of off topic, but really it is not, when our property is threatened, regulated, etc we have gone off track from what our legitimate government is. See how far from the US Constitution this mess is?
“To say that one may not defend his own property is usurpation of power by legislature.” O’Connell v. Judnich (1925), 71 C.A.386, 235 P. 664.
“Owner has constitutional right to use and enjoyment of his property.” Simpson v. Los Angeles (1935), 4 C.2d 60, 47 P.2d 474.
“Right of property antedates all constitutions. Every person has right to enjoy his property and improve it according to his own desires in any way consistent with rights of others.” People v. Holder (1921), 53 C.A. 45, 199 P. 832.
“The perpetuity and indissolubility of the Union by no means implies the loss of distinct and individual existence, of the right of self-government by the States. Under the Articles of Confederation each State retained its sovereignty, freedom, and independence, and every power, jurisdiction, and right not expressly delegated to the United States. Under the Constitution, though the powers of the States were much restricted, still, all powers not delegated to the United States, nor prohibited to the States, are reserved to the States respectively, or to the people . . . . Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the national government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.” Texas v. White (1868), 7 Wall. (U.S.) 700.
“Constitutional guarantee securing to every person right of acquiring, possessing, and protecting property refers to right to possess absolutely and unqualifiedly every species of property recognized by law and all rights incidental thereto, including right to dispose of such property in such manner as he pleases.” People v. Davenport (1937), 21 C.A. 292, 69 P.2d 396.
Yeah.
What Cal said.
“Once an emergency is declared, there is no Constitution.”
But there IS still a Bill of Rights… which supersedes the Constitution.
That’s when the hangings begin.
And doesn’t the gold fringe also represent the admiralty law, the law of the sea, where they can do whatever they want without having to be accountable to the nation? I’m sure there are many here who know far more about this than I, but every time I see that gold fringe I cringe. There’s a song there, I just know it:
Every time I see it, that old gold fringe
Something in me shatters, simply makes me cringe
But another something rises, sayin’ “That’s damn near enough”
Now every day my time is spent getting strong and tough
Sorry, just couldn’t help it.
🙂
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That’s some pretty good rhyming.
Somebody put some music to that!
🙂
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