|
A SPECIAL REPORT ON THE NATIONAL EMERGENCY IN
THE UNITED STATES OF AMERICA
This page contains the complete text of the book "War and Emergency Powers" A SPECIAL
REPORT ON THE NATIONAL EMERGENCY IN THE UNITED STATES OF AMERICA.
Researched and written by: Gene Schroder, Alvin Jenkins, Jerry
Russe ll, Ed Petrowsky, Russell Grieder, Darrell Schroder, Walter
Marston, Lynn Bitner, Billy Schroder, Van Stafford, Fred Peters,
Tinker Spain, and Paul Bailey.
This web page (report.html) is sponsored by American
Freedom Coalition. Due to file size limitations we have
elected not to include scanned images of the exhibits that appear
in the book however, you may obtai n a full printed report that
includes certified copies of all official documents as specified.
For information on how to order books, tapes, and how to
become a supporting member of the American Freedom Coalition click here
Example Letter
to the President
Example
Letter to the House of Representatives
Example
Letter to the United States Senate
The Report...
NATIONAL EMERGENCY: (as defined in Black's Law
Dictionary) 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 emergenc y" and a "state of war". Brown
v. Bernstein, D.C.Pa., 49 F.Supp. 728, 732.
This report begins with a series of documents which are
representative (Exhibits 1 through 7), of the documents contained
in this Report. We will be quoting from in many cases, reports,
Senate and Congressional reports, hearings before National
Emergency Committees, Presidential Papers, Statutes at Large, and
the United States Code.
Exhibit 8 is taken from a book written by Swisher called
Constitutional Development. Let's read the first paragraph. It
says:
"We may well wonder in view of the precedents
now established," said Charles E. Hughes,
(Supreme Court Justice) in 1920, "whether
constitutional government as heretofore maintained in
this Republic could survive another great war even
victoriously waged."
How could that happen? Surely, if we go out and fight a war
and win it, we'd have to end up stronger than the day we started,
wouldn't we? Justice Hughes goes on to say:
"The conflict known as the World War had
ended as far as military hostilities were concerned,
but was not yet officially terminated. Most of the
war statutes were still in effect, many of the
emergency organizations were still in
operation."
What is this man talking about when he speaks of "war
statutes in effect and emergency organizations still in
operation"?
In 1933 (Exhibit 9), Congressman Beck, speaking from the
Congressional Record, states:
"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."
Congressman Beck is saying that, of all the damnable heresies
that ever existed, this doctrine of emergency has got to be the
worst, because once Congress declares an emergency, there is no
Constitution. He goes on to say:
"But 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. We are witnessing
its death-agonies, for when this bill becomes a law,
if unhappily it becomes a law, there is no longer any
workable Constitution to keep the Congress within the
limits of its Constitutional powers."
What bill is Congressman Beck talking about? In 1933,
"the House passed the Farm Bill by a vote of more than three
to one." Again, we see the doctrine of emergency. Once an
emergency is declared, there is no Constitution. The cause and
effect of the doctrine of emergency is the subject of this
Report. In 1973, in Senate Report 93-549 (Exhibit 10), the first
sentence reads:
"Since March the 9th, 1933, the United States
has been in a state of declared national
emergency."
Let's go back to Exhibit 9 just before this. What did that
say? It says that if a national emergency is declared, there is
no Constitution. Now, let us return to Exhibit 10. Since March
the 9th of 1933, the United States has been, in fact, in a state
of declared national emergency.
Referring to the middle of this exhibit:
"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"
and this situation has continued uninterrupted since March
the 9th of 1933.
In the introduction to Senate Report 93-549 (Exhibit 11):
"A majority of the people of the United
States have lived all their lives under emergency
rule."
Remember, this report was produced in 1973. The introduction
goes on to say:
"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."
The introduction continues:
"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."
How many people were taught that in school? How could it
possibly be that something which could suspend our Constitution
would not be taught in school? Amazing, isn't it?
Where does this (Exhibit 12) come from? Is it possible that,
in our Constitution, there could be some section which could
contemplate what these previous documents are referring to? In
Article 1, Section 9 of the Constitution of the United States of
America, we find the following words:
"The privilege of the Writ of Habeas
Corpus shall not be suspended, unless when in Cases
of Rebellion or Invasion, the public Safety may
require it."
Habeas Corpus - the Great Writ of Liberty. This is the writ
which guarantees that the government cannot charge us and hold us
with any crime, unless they follow the procedure of due process
of law. This writ also says, in effect, that the privilege of due
process of law cannot be suspended, and that the government
cannot not operate its arbitrary prerogative power against We the
People. But we see that the great Writ of Liberty can, in fact,
under the Constitution, be suspended when an invasion or a
rebellion necessitates it.
In the 5th Amendment to the Constitution (Exhibit 13), it
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..."
We reserved the charging power for ourselves, didn't we? We
didn't give that power to the government. And we also said that
the government would be powerless to charge one of the citizens
or one of the peoples of the United States with a crime unless
We, the People, through our grand jury, orders it to do so
through an indictment or a presentment. And if We, the People,
don't order it, the government cannot do it. If it tried to do
it, we would simply follow the Writ of Habeas Corpus, and they
would have to release us, wouldn't they? They could not hold us.
But let us recall that, in Exhibit 13, it says:
"except in cases arising in the land or
naval forces, or in the Militia, when in actual
service in times of War or public danger."
We can see here that the framers of the Constitution were
already contemplating times when there would be conditions under
which it might be necessary to suspend the guarantees of the
Constitution.
Also from Senate Report 93-549 (Exhibit 14), and remember
that our congressmen wrote these reports and these documents and
they're talking about these emergency powers and they say:
"They are quite careful and restrictive on
the power, but the power to suspend is specifically
contemplated by the Constitution in the Writ of
Habeas Corpus."
Now, this is well known. This is not a concept that was not
known to rulers for many, many years. The concepts of
constitutional dictatorship went clear back to the Roman
Republic. And there, it was determined that, in times of dire
emergencies, yes, the constitution and the rights of the people
could be suspended, temporarily, until the crisis, whatever its
nature, could be resolved.
But once it was done, the Constitution was to be returned to
its peacetime position of authority. In France, the situation
under which the constitution could be suspended is called the
State of
Siege. In Great Britain, it's called the Defense of the Realm
Acts. In Germany, in which Hitler became a dictator, it was
simply called Article 48. In the United States, it is called the
War Powers.
If that was, in fact, the case, and we are under a war
emergency in this country, then there should be evidence of that
war emergency in the current law that exists today. That means we
should be able to go to the federal code known as the USC or
United States Code, and find that statute, that law, in
existence. And if we went to the library today and picked up a
copy of 12 USC and went to Section 95
(b) (Exhibit 15), we will find a law which states:
"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 I, Sec. 1, 48 Stat. 1.)".
Now, what does this mean? It means that everything the
President or the Secretary of the Treasury has done since March
the 4th of 1933, or anything that the President or the Secretary
of the Treasury is hereafter going to do, is automatically
approved and confirmed. Referring back to Exhibit 10, let us
remember that, according to the Congressional Record of 1973, the
United States has been in a state of national emergency since
1933. Then we realize that 12 USC, Section 95
(b) is current law. This is the law that exists over this
United States this moment.
If that be the case, let us see if we can understand what is
being said here. As every action, rule or law put into effect by
the President or the Secretary of the Treasury since March the
4th of 1933 has or will be confirmed and approved, let us
determine the significance of that date in history. What happened
on March the 4th of 1933?
On March the 4th of 1933, Franklin Delano Roosevelt was
inaugurated as President of the United States. Referring to his
inaugural address, which was given at a time when the country was
in the throes of the Great Depression, we read (Exhibit 16):
"I am prepared under my constitutional duty
to recommend the measures that a stricken nation in
the midst of a stricken world may require. These
measures, or such other measures as the Congress may
build out of its experience and wisdom, I shall seek,
within my constitutional authority, to bring to
speedy adoption. But in the event that the Congress
shall fall to take one of these two courses, and in
the event that the national emergency is still
critical, I shall not evade the clear course of duty
that will then confront me. 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."
On March the 4th, 1933, at his inaugural, President Roosevelt
was saying that he was going to ask Congress for the
extraordinary authority available to him under the War Powers
Act. Let's see if he got it.
On March the 5th, President Roosevelt asked for a special and
extraordinary session of Congress in Proclamation 2038. He called
for the special session of Congress to meet on March the 9th at
noon. And at that Congress, he presented a bill, an Act, to
provide for relief in the existing national emergency in banking
and for other purposes.
In the enabling portion of that Act (Exhibit 17), it states:
"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 emergency exists and that it is
imperatively necessary speedily to put into effect
remedies of uniform national application."
What is the concept of the rule of necessity, referred to in
the enabling portion of the act as "imperatively necessary
speedily"? The rule of necessity is a rule of law which
states that necessity knows no law. A good example of the rule of
necessity would be the concept of self-defense. The law says,
"Thou shalt not kill". But also know that, if you are
in dire danger, in danger of losing your life, then you have the
absolute right of self-defense. You have the right to kill to
protect your own life. That is the ultimate rule of necessity.
Thus we see that the rule of necessity overrides all other
law, and, in fact, allows one to do that which would normally be
against the law. So it is reasonable to assume that the wording
of the enabling portion of the Act of March 9, 1933, is an
indication that what follows is something which will probably be
against the law. It will probably be against the Constitution of
the United States, or it would not require that the rule of
necessity be invoked to enact it.
In the Act of March 9, 1933 (Exhibit 17), it further states
in Title 1, Section 1:
"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 subdivision (b) of Section 5 of the Act
of October 6, 1917, as amended, are hereby approved
and confirmed."
Where have we read those words before?
This is the exact same wording as is found (Exhibit 15) today
in Title
12, USC 95 (b). The language in Title 12,
USC 95 (b) is exactly the same as that found in the Act of
March 9, 1933, Chapter 1, Title 1, Section 48, Statute 1. The Act
of March 9, 1933, is still in full force and effect today. We are
still under the Rule of Necessity. We are still in a declared
state of national emergency, a state of emergency which has
existed, uninterrupted, since 1933, or for over sixty years.
As you may remember, the authority to do this is conferred by
Subsection (b) of Section 5 of the Act of October 6, 1917, as
amended. What was the authority which was used to declare and
enact the emergency in this Act? If we look at the Act of October
6, 1917 (Exhibit 18), we see that at the top right-hand part of
the page, it states that this was:
"An Act To define, regulate, and punish
trading with the enemy, and for other purposes."
By the year 1917, the United States was involved in World War
1; at that point, it was recognized that there were probably
enemies of the United States, or allies of enemies of the United
States, living within the continental borders of our nation in a
time of war.
Therefore, Congress passed this act which identified who
could be declared enemies of the United States, and, in this act,
we gave the government total authority over those enemies to do
with as it saw fit. We also see, however, in Section 2,
Subdivision (c) in the middle, and again at the bottom of the
page:
"other than citizens of the United
States."
The act specifically excluded citizens of the United States,
because we realized in 1917 that the citizens of the United
States were not enemies. Thus, we were excluded from the war
powers over enemies in this act.
Section 5 (b) of the same act (Exhibit 19), states:
"That the President may investigate,
regulate, or prohibit, under such rules and
regulations as he may prescribe, by means of licenses
or otherwise, any transactions in foreign exchange,
export or earmarkings of gold or silver coin or
bullion or currency, transfers of credit in any form
(other than credits relating solely to transactions
to be executed wholly within the United
States)".
Again, we see here that citizens, and the transactions of
citizens made wholly within the United States, were specifically
excluded from the war powers of this act. "We the
People", were not enemies of our country; therefore, the
government did not have total authority over us as they were
given over our enemies.
It is important to draw attention again to the fact that
citizens of the United States in October, 1917, were not called
enemies. Consequently the government, under the war powers of
this act, did not have authority over us; we were still protected
by the Constitution. Granted, over enemies of this nation, the
government was empowered to do anything it deemed necessary, but
not over us. The distinction made between enemies of the United
States and citizens of the United States will become crucial
later on.
In Section 2 of the Act of March 9, 1933 (Exhibit 17),
"Subdivision (b) of Section 5 of the Act of
October 6, 1917 (40 Stat. L. 411), as amended, is
hereby amended to read as follows;"
So we see that they are now going to amend Section 5 (b). Now
let's see how it reads after it's amended. The amended version of
Section 5 (b) reads (emphasis added):
"During time of war or during any other
period of national emergency declared by the
President, the President may, through any agency that
be may designate, or otherwise, investigate,
regulate, or prohibit, under such rules and
regulations as be may prescribe, by means of licenses
or otherwise, any transactions in foreign exchange,
transfers of credit between or payments by banking
institutions as defined by the President and export,
hoarding, melting, or earmarkings of gold or silver
coin or bullion or currency, by any person within the
United States or anyplace subject to the jurisdiction
thereof".
What just happened? At as far as commercial, monetary or
business transactions were concerned, the people of the United
States were no longer differentiated from any other enemy of the
United States. We had lost that crucial distinction. Comparing
Exhibit 17 with Exhibit 19, we can see that the phrase which
excluded transactions executed wholly within the United States
has been removed from the amended version of Section 5 (b) of the
Act of March 9, 1933, Section 2, and replaced with "by any
person within the United States or anyplace subject to the
jurisdiction thereof'. All monetary transactions, whether
domestic or international in scope, were now placed at the whim
of the President of the United States through the authority given
to him by the Trading with the Enemy Act.
To summarize this critical point: On October the 6th of 1917,
at the beginning of America's involvement in World War 1,
Congress passed a Trading with the Enemy Act empowering the
government to take control over any and all commercial, monetary
or business transactions conducted by enemies or allies of
enemies within our continental borders. That act also defined the
term "enemy" and excluded from that definition citizens
of the United States.
In Section 5 (b) of this act, we see that the President was
given unlimited authority to control the commercial transactions
of defined enemies, but we see that credits relating solely to
transactions executed wholly within the United States were
excluded from that controlling authority. As transactions wholly
domestic in nature were excluded from authority, the government
had no extraordinary control over the daily business conducted by
the citizens of the United States, because we were certainly not
enemies.
Citizens of the United States were not enemies of their
country in 1917, and the transactions conducted by citizens
within this country were not considered to be enemy transactions.
But in looking again at Section 2 of the Act of March 9, 1933,
(Exhibit 17), we can see that the phrase excluding wholly
domestic transactions has been removed from the amended version
and replaced with "by any person within the United States or
anyplace subject to the jurisdiction thereof'.
The people of the United States were now subject to the power
of the Trading with the Enemy Act of October 6,1917, as amended.
For the purposes of all commercial, monetary, and, in effect, all
business transactions. "We the People", became the same
as the enemy, and were treated no differently. There was no
longer any distinction.
It is important here to note that, in the Acts of October 6,
1917 and March 9, 1933, it states: "during times of war or
during any other national emergency declared by the
President...". So we now see that the war powers not only
included a period of war, but also a period of "national
emergency" as defined by the President of the United States.
When either of these two situations occur, the President may,
(Exhibit 17)
"through any agency that he may designate, or
otherwise, investigate, regulate or prohibit under
such rules and regulations as he may prescribe by
means of licenses or otherwise, any transactions in
foreign exchange, transfers of credit between or
payments by banking institutions as defined by the
President and export, boarding, melting or earmarking
of gold or silver coin or bullion or currency by any
person within the United States or anyplace subject
to the jurisdiction thereof."
What can the President do now to the We, the People, under
this Section? He can do anything he wants to do. It's purely at
his discretion, and he can use any agency or any license that he
desires to control it. This is called a constitutional
dictatorship.
In Senate Document 93-549 (Exhibit 20), Congress declared
that a serious emergency exists, at:
"48 Stat. 1. The exclusion of domestic
transactions, formerly found in the Act, was deleted
from Sect. 5 (b) at this time."
Our Congress wrote that in the year 1973.
Now let's find out about the Trading with the Enemy Act of
October 6, 1917. Quoting from a Supreme Court decision (Exhibit
21), Stoehr v. Wallace, 1921:
"The Trading With the Enemy Act, originally
and as amended, is strictly a war measure, and finds
its sanction in the provision empowering Congress
"to declare war, grant letters of marque and
reprisal, and make rules concerning captures on land
and water" Const. Art. 1, Sect. 8, c1. 11.
P.241".
Remember your Constitution? "Congress shall have the
power to declare war, grant letters of marque and reprisal and
make all rules concerning the captures on the land and the water
of the enemies," all rules.
If that be the case, let us look at the memorandum of law
that now covers trading with the enemy, the "Memorandum of
American Cases and Recent English Cases on The Law of Trading
With the Enemy" (Exhibit 22), remembering that we are now
the same as the enemy. In this memorandum, we read:
"Every species of intercourse with the enemy
is illegal. This prohibition is not limited to mere
commercial intercourse."
This is the case of The Rapid (1814).
Additionally,
"No contract is considered as valid between
enemies, at least so far as to give them a remedy in
the courts of either government, and they have, in
the language of the civil law, no ability to sustain
a persona standi in judicio".
In other words, they have no personal lights at law in court.
This is the case of The Julia (1813).
In the next case, the case of The Sally (1814) (Exhibit 23),
we read the words:
"By the general law of prize, property
engaged in an illegal intercourse with the enemy is
deemed enemy property. It is of no consequence
whether it belong to an ally or to a citizen; the
illegal traffic stamps it with the hostile character,
and attaches to it all the penal consequences of
enemy ownership".
Reading further in the memorandum, again from the case of The
Rapid:
"The law of prize is part of the law of
nations. In it, a hostile character is attached to
trade, independently of the character of the trader
who pursues or directs it. Condemnation to the use of
the captor is equally the fate of the property of the
belligerent and of the property found engaged in
anti-neutral trade. But a citizen or an ally may be
engaged in a hostile trade, and thereby involve his
property in the fate of those in whose cause he
embarks".
Again from the memorandum (Exhibit 24):
"The produce of the soil of the hostile
territory, as well as other property engaged in the
commerce of the hostile power, as the source of its
wealth and strength, are always regarded as
legitimate prize, without regard to the domicile of
the owner".
From the case (Exhibit 25) of The William Bagaley
(1866):
"In general, during war, contracts with, or
powers of attorney or agency from, the enemy executed
after outbreak of war are illegal and void; contracts
entered into with the enemy prior to the war are
either suspended or are absolutely terminated;
partnerships with an enemy are dissolved; powers of
attorney from the enemy, with certain exceptions,
lapse; payments to the enemy (except to agents in the
United States appointed prior to the war and
confirmed since the war) are illegal and void; all
rights of an enemy to sue in the courts are
suspended."
From Senate Report No. 113 (Exhibit 26), in which we find An
Act to Define, Regulate, and Punish Trading with the Enemy, and
For Other Purposes, we read:
"The trade or commerce regulated or
prohibited is defined in Subsections (a), (b), (c),
(d) and (e), page 4. This trade covers almost every
imaginable transaction, and is forbidden and made
unlawful except when allowed under the form of
licenses issued by the Secretary of Commerce (p. 4,
sec. 3, line 18). This authorization of trading under
licenses constitutes the principal modification of
the rule of international law forbidding trade
between the citizens of belligerents, for the power
to grant such licenses, and therefore exemption from
the operation of law, is given by the bill."
It says no trade can be conducted or no intercourse can be
conducted without a license, because, by mere definition of the
enemy, and under the prize law, all intercourse is illegal.
That was the first case we looked at, Exhibit 22, wasn't it?
So once we were declared enemies, all intercourse became illegal
for us. The only way we could now do business or any type of
legal intercourse was to obtain permission from our government by
means of a license. We are certainly required to have a Social
Security Card, which is a license to work, and a Drivers License,
which gives the government the ability to restrict travel; all
business in which we engage ourselves requires us to have a
license, does it not?
Returning once again to the Memorandum of Law: (Exhibit 27)
"But it is necessary always to bear in mind
that a war cannot be carried on without hurting
somebody, even, at times, our own citizens. The
public good, however, must prevail over private gain.
As we said in Bishop v. Jones (28 Texas, 294), there
cannot be "a war for arms and a peace for
commerce". One of the most important features of
the bill is that which provides for the temporary
taking over of the enemy property."
This point of law is important to keep in mind, for it
authorizes the temporary takeover of enemy property. The question
is: Once the war terminates, the property must be returned,
mustn't it?
The property that is confiscated, and the belligerent night
of the government during the period of war, must be returned when
the war terminates. Let us take the case of a ship in harbor; war
breaks out, and the Admiral says, "I'm seizing your
ship." Can you stop him? No. But when the war is over,
the Admiral must return your ship to you. This point is important
to bear in mind, for we will return to, and expand upon, it later
in the report.
Reading from (Exhibit 28) Senate Document No. 43,
"Contracts Payable in Gold" written in 1933:
"The ultimate ownership of all property is in
the State; individual so-called "ownership"
is only by virtue of government, i. e., law,
amounting to mere user; and use must be in accordance
with law and subordinate to the necessities of the
State."
Who owns all the property? Who owns the property you call
"yours"? Who has the authority to mortgage property?
Let us continue with a Supreme Court decision, (Exhibit 29) United
States v. Russell:
"Private property, the Constitution provides,
shall not be taken for public use without just
compensation..."
That is the peacetime clause, isn't it? Further (emphasis
added),
"Extraordinary and unforeseen occasions
arise, however, beyond all doubt, in cases of extreme
necessity in time of war or of immediate and
impending public danger, in which private property
may be impressed into the public service, or may be
seized or appropriated to public use, or may even be
destroyed without the consent of the owner..."
This quote, and indeed this case, provides a vivid
frustration of the potential power of the government.
Now, let us return to the period of time after March 4, 1933,
and take a close look at what really occurred. On March 4, 1933,
in his inaugural address, President Franklin Delano Roosevelt
asked for the authority of the war powers, and called a special
session of Congress for the purpose of having those powers
conferred to him.
On March the 2nd, 1933, however, we find that Herbert Hoover
had written a letter to the Federal Reserve Board of New York,
asking them for recommendations for action based on the over-all
situation at the time. The Federal Reserve Board responded with a
resolution (Exhibit 30) which they had adopted, an excerpt from
which follows:
"Resolution Adopted By The Federal Reserve
Board Of New York. Whereas, in the opinion of the
Board of Directors of the Federal Reserve Bank of New
York, the continued and increasing withdrawal of
currency and gold from the banks of the country has
now created a national emergency ..."
In order to fully appreciate the significance of this last
quote, we must recall that, in 1913, The Federal Reserve Act was
passed, authorizing the creation of a central bank, the thought
of which had already been noted in the Constitution. The basic
idea of the central bank was, among other things, for it to act
as a secure repository for the gold of the people. We, the
People, would bring our gold to the huge, strong vaults of the
Federal Reserve, and we would be issued a note which said, in
effect, that, at any time we desired, we could bring that note
back to the bank and be given back our gold which we had
deposited.
Until 1933, that agreement, that contract between the Federal
Reserve and its depositors, was honored. Federal Reserve notes,
prior to 1933, were indeed redeemable in gold. After 1933, the
situation changed drastically. In 1933, during the depths of the
Depression, at the time when We, the People, were struggling to
stay alive and keep our families fed, the bankers began to say:
"People are coming in now, wanting their gold, wanting us to
honor this contract we have made with them to give them their
gold on demand, and this contractual obligation is creating a
national emergency."
How could that happen? Reading from the Public Papers of
Herbert Hoover (Exhibit 31):
"Now, Therefore, Be It Resolved, that, in
this emergency, 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.
In other words, President Roosevelt was urged to close down
the banking system and make it unavailable make it unavailable
for a short period of time. What was to happen during that period
of time?
Reading again from the Federal Reserve Board resolution
(Exhibit 31), we find a proposal for an executive order, to be
worded as follows:
"Whereas, it is provided in Section 5 (b)
of the Act of October 6, 1917, as amended, that
"the President may investigate, regulate, or
prohibit, under such rules and regulations as he may
prescribe, by means of licenses or otherwise, any
transactions in foreign exchange and the export,
hoarding, melting, or earmarkings of gold or silver
coin or bullion or currency, *** "
Now, in any normal usage of the American language, the
standard accepted meaning of a series of three asterisks after a
quotation means that what follows also must be quoted exactly,
doesn't it? If it's not, that's a fraudulent use of the American
language. At that point where that, *** " began, what did
the original Act of October 6, 1917, say?
Referring back to Exhibit 19, we find that the remainder of
Section 5 (b) of the Act of October 6, 1917 says:
"(other than credits relating solely to
transactions to be executed wholly within the United
States)."
This portion of Section 5 (b) specifically prohibited the
government from taking control of We, the People's money and
transactions, didn't it?
However, let us now read the remainder of Section 5 (b) of
the Act of October 6, 1917, as amended on March 9, 1933 (Exhibit
17):
"by any person within the United States or
any place subject to the Jurisdiction thereof."
Comparing the original with the amended version of Section 5
(b), we can see the full significance of the amended version,
wherein the exclusion of domestic transactions from the powers of
the Act was deleted, and "any person" became subject to
the extraordinary powers conferred by the act. Further, we can
now see that the usage of *** " was, in all to likelihood,
meant be deliberately misleading, if not fraudulent in nature.
Further, in the next section of the Federal Reserve Board's
proposal, we find that anyone violating any provision of this act
will be fined not more than $10,000.00, or imprisoned for not
more than ten years, or both. A severe enough penalty at any
time, but one made all the more harsh by the economic conditions
in which most Americans found themselves at the time. And where
were these alterations and amendments to be found? Not from the
government itself, initially; no, they are first to be found in a
proposal from the Federal Reserve Board of New York, a banking
institution.
Let us recall the chronology of events: Herbert Hoover, in
his last days as President of the United States, asked for a
recommendation from the Federal Reserve Board of New York, and
they responded with their proposals. We see that President Hoover
did not act on the recommendation, and believed the actions were
"neither justified nor necessary" (Appendix, Public
Papers of Herbert Hoover, p. 1088) . Let us see what happened;
remember on March 4, 1933, Franklin Delano Roosevelt was
inaugurated as President of the United States. On March 5, 1933,
President Roosevelt called for an extraordinary session of
Congress to be held on March 9,1933, as can be seen in Exhibit
32:
"Whereas, public interests require that
the Congress of the United States should be convened
in extra session at twelve o'clock, noon, on the
Ninth day of March, 1933, to receive such
communication as may be made by the Executive."
On the next day, March 6, 1933, President Roosevelt issued
Proclamation 2039, which has been included in this report,
starting at the bottom of Exhibit 32. In Exhibit 32, we find the
following:
"Whereas there have been heavy and
unwarranted withdrawals of gold and currency from our
banking institutions for the purpose of
hoarding"
Right at the beginning, we have a problem. And the problem
rests in the question of who should be the judge of whether or
not my gold, on deposit at the Federal Reserve, with which I have
a contract which says, in effect, that I may withdraw my gold at
my discretion, is being withdrawn by me in an
"unwarranted" manner. Remember, the people of the
United States were in dire economic straits at this point. If I
had gold at the Federal Reserve, I would consider withdrawing as
much of my gold as I needed for my family and myself a
"warranted" action. But the decision was not left up to
We, the People.
It is also important to note that it is stated that the gold
is being withdrawn for the purpose of "hoarding". The
significance of this phrase becomes clearer when we reach
Proclamation 2039, wherein the term "hoarding" is
inserted into the amended version of Section 5(b). The term,
"hoarding", was not to be found in the original version
of Section 5(b) of the Act of October 6, 1917. It was a term
which was used by President Roosevelt to help support his
contention that the United States was in the middle of a national
emergency, and his assertion that the extraordinary powers
conferred to him by the War Powers Act were needed to deal with
that emergency.
Let us now go on to the middle of Proclamation 2039, at the
top of the next page, Exhibit 33. In reading from Exhibit 33, we
find the following:
"Whereas, it is provided in Section 5 (b)
of the Act of October 6, 1917, (40 Stat. L. 411) as
amended, " that the President may investigate,
regulate, or prohibit, under such rules and
regulations as he may prescribe, by means of licenses
or otherwise, any transaction in foreign exchange and
the export, hoarding, melting, or earmarkings of gold
or silver coin or bullion or currency * * * "
exactly as was first proposed by the Federal Reserve Board of
New York (Exhibit 31).
If we return to 48 Statute 1 (Exhibit 17), Title 1, Section
1, we find that the amended Section 5 (b) with its added phrase:
"by any person within the United States or
any place subject to the jurisdiction thereof".
Is this becoming clearer as to exactly what happened? On
March 5, 1933, President Roosevelt called for an extra session of
Congress, and on March 6, 1933, issued Proclamation 2039
(Exhibits 32-33). On March 9th, Roosevelt issued Proclamation
2040. We looked at Proclamation 2039 on Exhibits 32 and 33, and
now, on Exhibit 33 (a), let's see what Roosevelt is hiking about
in Proclamation 2040:
"Whereas, on March 6, 1933, I, Franklin D.
Roosevelt, President of the United States of America,
by Proclamation declared the existence of a national
emergency and proclaimed a bank holiday... "
We see that Roosevelt declared a national emergency and a
bank holiday. Let's read on:
"Whereas, under the Act of March 9, 1933,
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;"
This section of the Proclamation clearly states that all
proclamations heretofore or hereafter issued by the President are
approved and confirmed, citing the authority of Section 5 (b).
The key words here being "all" and
"approved". Further:
"Whereas, said national emergency still
continues, and it is necessary to take further
measures extending beyond March 9, 1933, in order to
accomplish such purposes"
We again clearly see that there is more to come, evidenced by
the phrase, "further measures extending beyond March 9, 1933
...". Could this be the beginning of a new deal? Possibly a
one-sided deal. How long can this type of action continue? Let's
find out.
"Now, therefore, I, Franklin D. Roosevelt,
President of the United States of America, in view of
such continuing national emergency and by virtue of
the authority vested in me by Section 5 (b) of the
Act of October 6, 1917 (40 Stat. L. 411) as amended
by the Act of March 9, 1933, do hereby proclaim,
order, direct and declare that all the terms and
provisions of said Proclamation of March 6, 1933, and
the regulations and orders issued thereunder are
hereby continued in full force and effect until
further proclamation by the President."
We now understand that the Proclamation 2039, of March 6,
1933 and Proclamation 2040 of March 9, 1933, will continue until
such time as another proclamation is made by "the
President". Note that the term "the President" is
not specific to President Roosevelt; it is a generic term which
can equally apply to any President from Roosevelt to the present,
and beyond.
So here we have President Roosevelt declaring a national
emergency (we are now beginning to realize the full significance
of those words) and closing the national banks for two days, by
Executive Order. Further, he states that the Proclamations
bringing about these actions will continue "in full force
and effect" until such time as the President, and only
the President, changes the situation.
It is important to note the fact that these Proclamations
were made on March 6, 1933, three days before Congress was due to
convene its extra session. Yet references are made to such things
as the amended Section 5 (b), which had not yet even been
confirmed by Congress. President Roosevelt must have been
supremely confident of Congress' confirmation of his actions. And
indeed, we find that confidence was justified. For on March 9,
1933, without individual Congressmen even having the opportunity
to read for themselves the bill they were to confirm, Congress
did indeed approve the amendment of Section 5 (b) of the Act of
October 6, 1917.
Referring to the Public Papers of Herbert Hoover (Exhibit
34):
"That those speculators and insiders were
right was plain enough later on. This first contract
of the 'moneychangers' with the New Deal netted those
who removed their money from the country a profit of
up to 60 percent when the dollar was debased."
Where had our gold gone? Our gold had already been moved
offshore. The gold was not in the banks, and when We, the People
lined up at the door attempting to have our contracts honored,
the deception was exposed. What happened then? The laws were
changed to prevent us from asking again, and the military was
brought in to protect the Federal Reserve. We, the People, were
declared to be, the same as public enemy and placed under
military authority.
Going now to another section of 48 Statute 1 (Exhibit 35):
"Whenever in the judgment of the Secretary of
the Treasury, such action is necessary to protect the
currency system of the United States, the Secretary
of the Treasury, in his discretion, may require any
or all individuals, partnerships, associations and
corporations to pay and deliver to the Treasurer of
the United States any or all gold coin, gold bullion,
and gold certificates owned by such individuals,
partnerships, associations and corporations."
By this Statute, everyone was required to turn in their gold.
Failure to do so would constitute a violation of this provision,
such violation to be punishable by a fine of not more than
$10,000.00 and imprisonment for not more than ten years. It was a
seizure. Whose property may be seized without due process of law
under the Trading With the Enemy Act? The enemy's. Whose gold was
seized? Ours - the gold of the people of the United States.
From the Roosevelt Papers (Exhibit 36):
"During this banking holiday it was at
first believed that some form of scrip or emergency
currency would be necessary for the conduct of
ordinary business. We knew that it would be essential
when the banks reopened to have an adequate supply of
currency to meet all possible demands of depositors.
Consideration was given by government officials and
various government officials and various local
agencies to the advisability of issuing clearinghouse
certificates or some similar form of local emergency
currency. On March 7, 1933, the Secretary of the
Treasury issued a regulation authorizing clearing
houses to issue demand certificates against sound
assets of the banking institutions, but this
authority was not to become effective until March
10th. In many cities, the printing of these
certificates was actually begun, but after the
passage of the Emergency Banking Relief Act of March
9, 1933 (48 Stat. 1), it became evident that they
would not be needed, because the Act made possible
the issue of the necessary amount of emergency
currency in the form of Federal Reserve banknotes
which could be based on any sound assets owned by
banks."
Roosevelt could now issue emergency currency under the Act of
March 9, 1933 and this currency was to be called Federal Reserve
bank notes. From Title 4 of the Act of March 9, 1933 (Exhibit
37):
"Upon the deposit with the Treasurer of
the United States, (a) of any direct obligations of
the United States or (b) of any notes, drafts, bills
of exchange, or bankers' acceptances acquired under
the provisions of this act, any Federal reserve bank
making such deposit in the manner prescribed by the
Secretary of the Treasury shall be entitled to
receive from the Comptroller of the currency
circulating notes in blank, duly registered and
countersigned."
What is this saying? It says (emphasis added): "Upon the
deposit with the Treasurer of the United States, (a) of any
direct obligation of the United States ..." What is a direct
obligation of the United States? It's a treasury note, which is
an obligation upon whom? Upon "We the People" to
perform. It's a taxpayer obligation, isn't it?
Title 4 goes on: "or (b) of my notes, drafts, bills of
exchange or bankers' acceptances..." What's a note? If you
go to the bank and sign a note on your home, that's a note, isn't
it? A note is a private obligation upon We, the People. And if
the Federal Reserve Bank deposits either (a) public and/or (b)
private obligation of We, the People, with the Treasury, the
Comptroller of the currency will issue this circulating note
endorsed in blank, duly registered and countersigned, an
emergency currency based on the (a) public and/or (b) private
obligations of the people of the United States.
In the Congressional Record of March 9, 1933 (Exhibit 38), we
find evidence that our congressmen didn't even have individual
copies of the bill to read, on which they were about to vote. A
copy of the bill was passed around for approximately 40 minutes.
Congressman McFadden made the comment,
"Mr. Speaker, I regret that the membership
of the House has had no opportunity to consider or
even read this bill. The first opportunity I had to
know what this legislation is, was when it was read
from the clerk's desk. It is an important banking
bill. It is a dictatorship over finance in the United
States. It is complete control over the banking
system in the United States ... It is difficult under
the circumstances to discuss this bill. The first
section of the bill, as I grasped it, is practically
the war powers that were given back in 1917."
Congressman McFadden later says,
"I would like to ask the chairman of the
committee if this is a plan to change the holding of
the security back of the Federal Reserve notes to the
Treasury of the United States rather than the Federal
Reserve agent."
Keep in mind, here, that, prior to 1933, the Federal Reserve
bank held our gold as security, in return for Federal Reserve
gold notes which we could redeem at any time we wanted. Now,
however, Congressman McFadden is asking if this proposed bill is
a plan to change who's going to hold the security, from the
Federal Reserve to the Treasury.
Chairman Steagall's response to Congressman McFadden's
question, again from the Congressional Record:
"This provision is for the issuance of
Federal Reserve bank notes; and not for Federal
Reserve notes; and the security back of it is the
obligations, notes, drafts, bills of exchange, bank
acceptances, outlined in the section to which the
gentleman has referred."
We were backed by gold, and our gold was seized, wasn't it?
We were penniless, and now our money would be secured, not by
gold, but by notes and obligations on which We, the People, were
the collateral security.
Congressman McFadden then questioned,
"Then the new circulation is to be Federal
Reserve bank notes and not Federal Reserve notes. Is
that true?"
Mr. Steagall replied,
"Insofar as the provisions of this section
are concerned, yes."
Does that sound familiar?
Next we hear from Congressman Britten, as noted in the
Congressional Record (Exhibit 39):
"From my observations of the bill as it
was read to the House, it would appear that the
amount of bank notes that might be issued by the
Federal Reserve System is not limited. That will
depend entirely upon the amount of collateral that is
presented from time to time for exchange for bank
notes. Is that not correct?"
Who is the collateral? We are chattel, aren't we? We have no
rights. Our rights were suspended along with the Constitution. We
became chattel property to the corporate government, our
transactions and obligations the collateral for the issuance of
Federal Reserve bank notes.
Congressman Patman, speaking from the Congressional Record
(Exhibit 40):
"The money will be worth l00 cents on the
dollar because it is backed by the credit of the
Nation. It will represent a mortgage on all the homes
and other property of all the people in the
Nation."
It now is no wonder that credit became so available after the
Depression. It was needed to back our monetary system. Our debts,
our obligations, our homes, our jobs... we were now slaves for
the system.
From Statutes at Large, in the Congressional Record (Exhibit
41):
"When required to do so by the Secretary
of the Treasury, each Federal Reserve agent shall act
as agent of the Treasurer of the United States or of
the Comptroller of the currency, or both, for the
performance of any functions which the Treasurer or
the Comptroller may be called upon to perform in
carrying out the provisions of this paragraph."
The Federal Reserve was taken over by the Treasury. The
Treasury holds the assets. We are the collateral... ourselves and
our property.
To summarize briefly: On March 9, 1933 the American people in
all their domestic, daily, and commercial transactions became the
same as the enemy. The President of the United States, through
licenses or any other form, was given the power to regulate and
control the actions of enemies. He made We, the People, chattel
property; he seized our gold, our property and our rights; and he
suspended the Constitution. And we know that current law, to this
day, says that all proclamations issued heretofore or hereafter
by the President or the Secretary of the Treasury are approved
and confirmed by Congress. Pretty broad, sweeping approval to be
automatic, wouldn't you agree?
On March 11, 1933, President Roosevelt, in his first radio
"Fireside Chat" (Exhibit 42), makes the following
statement:
"The Secretary of the Treasury will issue
licenses to banks which are members of the Federal
Reserve system, whether national bank or state,
located in each of the 12 Federal Reserve bank
cities, to open Monday morning."
It was by this action that the Treasury took over the banking
system.
Black's Law Dictionary defines the Bank Holiday of 1933
(Exhibit 42a) in the following words:
"Presidential Proclamations No. 2039,
issued March 6, 1933, and No. 2040, issued March 9,
1933, temporarily suspended banking transactions by
member banks of the Federal Reserve System. Normal
banking functions were resumed on March 13, subject
to certain restrictions. The first proclamation, it
was held, had no authority in law until the passage
on March 9, 1933, of a ratifying act (12 U.S.C.A.
Sect. 95b).
Anthony v. Bank of Wiggins, 183 Miss. 883, 184 So.
626. The present law forbids member banks of the
Federal Reserve System to transact banking business,
except under regulations of the Secretary of the
Treasury, during an emergency proclaimed by the
President. 12
U. S. C. A. Sect. 95"
Take special note of the last sentence of this definition,
especially the phrase, "present law". The fact
that banks are under regulation of the Treasury today, is
evidence that the state of emergency still exists, by virtue of
the definition. Not that, at this point, we need any more
evidence to prove we are still in a declared state of national
emergency.
From the Agricultural Adjustment Act of May 12, 1933 (Exhibit
43):
"To issue licenses permitting processors,
associations of producers and others to engage in the
handling, in the current of interstate or foreign
commerce, of any agricultural commodity or product
thereof."
This is the seizure of the agricultural industry by means of
licensing authority.
In the first hundred days of the reign of Franklin Delano
Roosevelt, similar seizures by licensing authority were
successfully completed by the government over a plethora of other
industries, among them transportation, communications, public
utilities, securities, oil, labor, and all natural resources. The
first hundred days of FDR saw the nationalization of the United
States, its people and its assets. What has Bill Clinton talked
about during his campaign and early presidency? His first hundred
days.
Now, we know that they took over all contracts, for we have
already read in Exhibit 22:
"No contract is considered as valid as
between enemies, at least so far as to give them a
remedy in the courts of law of either government, and
they have, in the language of civil law, no ability
to sustain a persona standi in judicio."
They have no personal nights at law. Therefore, we should
expect that we would see in the statutes a time when the contract
between the, Federal Reserve and We, the People, in which the
Federal Reserve had to give us our gold on demand, was made null
and void.
Referring to House Joint Resolution 192 (June 5, 1933)
(Exhibit 44):
"That (a) every provision contained in or
made with respect to any obligation which purports to
give the obligee a right to require payment in gold
or a particular- kind of coin or currency, or in an
amount of money of the United States measured thereby
is declared to be against public policy; and no such
policy shall be contained in or made with respect to
any obligation hereafter incurred."
Indeed, our contract with the Federal Reserve was invalidated
at the end of Roosevelt's hundred days. We lost our night to
require our gold back from the bank in which we had deposited it.
Returning once again to the Roosevelt Papers (Exhibit 45):
"This conference of fifty farm leaders met
on March 10, 1933. They agreed on recommendations for
a bill, which were presented to me at the White House
on March 11th by a committee of the conference, who
requested me to call upon the Congress for the same
broad powers to meet the emergency in agriculture as
I had requested for solving the bank crisis."
What was the "broad powers"? That was the War
Powers, wasn't it? And now we see the farm leaders asking
President Roosevelt to use the same War Powers to take control of
the agricultural industry. Well, needless to say, he did. We
should wonder about all that took place at this conference, for
it to result in the eventual acquiescence of farm leadership to
the governmental takeover of their livelihoods.
Reading from the Agricultural Adjustment Act, May the 12th,
Declaration of Emergency (Exhibit 46):
"That the present acute economic emergency
being in part the consequence of a severe and
increasing disparity between the prices of
agriculture and other commodities, which disparity
bas largely destroyed the purchasing power of farmers
for industrial products, has broken down the orderly
exchange of commodities, and has seriously impaired
the agricultural assets supporting the national
credit structure, it is hereby declared that these
conditions in the basic industry of agriculture have
affected transactions in agricultural commodities
with a national public interest, have burdened and
obstructed the normal currents of commerce in such
commodities and rendered imperative the immediate
enactment of Title 1 of this act."
Now here we see that he is saying that the agricultural
assets support the national credit structure. Did he take the
titles of all the land? Remember "Contracts payable in
gold!" President Roosevelt needed the support, and
agriculture was critical, because of all the millions of acres of
farmland at that time, and the value of that farmland. The
mortgage on that farmland was what supported the emergency
credit. So President Roosevelt had to do something to stabilize
the price of land and Federal Reserve Bank notes to create money,
didn't he? So he impressed agriculture into the public interest.
The farming industry was nationalized.
Continuing with the Agricultural Adjustment Act, Declaration
of Emergency (Exhibit 47):
"It is hereby declared to the public policy
of Congress ..."
Referring now back to Prize Cases (1862) (2 Black, 674)
(Exhibit 24):
"But in defining the meaning of the term
'enemies' property,' we will be led into error if we
refer to Fleta or Lord Coke for their definition of
the word, 'enemy'. It is a technical phrase peculiar
to prize courts, and depends upon principles of
public policy as distinguished from the common
law."
Once the emergency is declared, the common law is abolished,
the Constitution is abolished and we fall under the absolute will
of Government, public policy.
All the government needs to continue is to have public
opinion on their side. If public opinion can be kept, in
sufficient degree, on the side of the government, statutes, laws
and bills can continue to be passed. The Constitution has no
meaning. The Constitution is suspended. It has been for 60 years.
We're not under law. Law has been abolished.
We're under a system of public policy, (War Powers).
So when you go into that courtroom with your Constitution and
the common law in your hand, what does that judge tell you? He
tells you that you have no persona standi in judicio. You have no
personal standing at law. He tells you not to bother bringing the
Constitution into his court, because it is not a Constitutional
court, but an executive tribunal operating under a totally
different jurisdiction.
From Section 93-549 (Exhibit 48) (emphasis added):
"Under this procedure we retain Government
by law, special, temporary law, perhaps, but law
nonetheless. The public may know the extent and the
limitations of the powers that can be asserted, and
the persons affected may be informed by the statute
of their rights and their duties."
If you have any rights, the only reason you have them is
because they have been statutorily declared, and your duties well
spelled out, and if you violate the orders of those statutes, you
will be charged, not with a crime, but with an offense.
Again from 93-549, from the words of Mr. Katzenbach (Exhibit
49):
"My recollection is that almost every
executive order ever issued straddles on several
grounds, but it almost always includes the Trading
With the Enemy Act because the language of that act
Is so broad, it would 'justify almost anything."
Speaking on the subject of a challenge to the Act by the
people, Justice Clark then says,
"Most difficult from a standpoint of
standing to sue. The Court, you might say, has
enlarged the standing rule in favor of the litigant.
But I don't think it has reached the point,
presently, that would permit many such cases to be
litigated to the merits."
Senator Church then made the comment:
"What you're saying, then, is that if
Congress doesn't act to standardize, restrict, or
eliminate the emergency powers, that no one else is
very likely to get a standing in court to
contest."
No persona standi n judicio, - no personal standing in
the courts.
Continuing with Senate Report 93-549 (Exhibit 50):
"The interesting aspect of the legislation
lies in the fact that it created a permanent agency
designed to eradicate an emergency condition in the
sphere of agriculture."
These agencies, of which there are now thousands, and which
now control every aspect of our lives, were ostensibly created as
temporary agencies meant to last only as long as the national
emergency. They have become, in fact, permanent agencies, as has
the state of national emergency itself. As Franklin Delano
Roosevelt said: "We will never go back to the old
order." That quote takes on a different meaning in light of
what we have seen so far.
In Exhibit 51, Senate Report 93-549, we find a quote from
Senator Church:
"If the President can create crimes by
fiat and without congressional approval, our system
is not much different from that of the Communists,
which allegedly threatens our existence."
We see on this same document, at the bottom right-hand side
of the page, as a Title, the words,
"Enormous Scope of Powers... A Time
Bomb".
Remember, this is Congress' own document, from the year 1973.
Most people might not look to agriculture to provide them
with this type of information. But let us look at Title III of
the Agricultural Adjustment Act, which is also called the
Emergency Farm Mortgage Act of 1933 (Exhibit 52):
"Title III - Financing - And Exercising Power
Conferred by Section 8 of Article I of the Constitution: To
Coin Money And To Regulate the Value Thereof."
From Section 43 of Exhibit 52:
"Whenever the President finds upon
investigation that the foreign commerce of the United
States is adversely affected ... and an expansion of
credit is necessary to secure by international
agreement a stabilization at proper levels of the
currencies of various governments, the President is
authorized, in his discretion ... To direct the
Secretary of the Treasury to enter into agreements
with the several Federal Reserve banks..."
Remember that in the Constitution it states that Congress has
the authority to coin all money and regulate the value thereof.
How can it be then that the Executive branch is issuing an
emergency currency, and quoting the Constitution as its authority
to do so?
Under Section 1 of the same Act (Exhibit 53) we find the
following:
"To direct the Secretary of the treasury
to cause to be issued in such amount or amounts as he
may from time to time order, United States notes, as
provided in the Act entitled "An Act to
authorize the issue of United States notes and for
the redemption of funding thereof and for funding the
floating debt of the United States, approved February
25, 1862, and Acts supplementary thereto and
amendatory thereof"
What is the Act of February 25, 1862? It is the Greenback Act
of President Abraham Lincoln. Let us remember that, when Abraham
Lincoln was elected and inaugurated, he didn't even have a
Congress for the first six weeks. He did not, however, call an
extra session of Congress. He issued money, he declared war, he
suspended habeas corpus, it was an absolute Constitutional
dictatorship.
There was not even a Congress in session for six weeks.
When Lincoln's Congress came into session six weeks later,
they entered the following statement into the Congressional
record: "The actions, rules, regulations, licenses,
heretofore or hereafter taken, are hereby approved and
confirmed..." This is the exact language of March 9,
1933 and Title 12, USC, Section 95(b), today.
We now come to the question of how to terminate these
extraordinary powers granted under a declaration of national
emergency. We have learned that, in order for the extraordinary
powers to be terminated, the national emergency itself must be
canceled. Reading from the Agricultural Act, Section 13 (Exhibit
54):
"This title shall cease to be in effect
whenever the President finds and proclaims that the
national economic emergency in relation to
agriculture has been ended."
Whenever the President finds by proclamation that the
proclamation issued on March 6, 1933 has terminated, it has to
terminate through presidential proclamation just as it came into
effect. Congress had already delegated all of that authority, and
therefore was in no position to take it back.
In Senate Report 93-549, we find the following statement from
Congress (Exhibit 55):
"Furthermore, it would be largely futile
task unless we have the President's active
collaboration. Having delegated this authority to the
President in ways that permit him to determine how
long it shall continue, simply through the device of
keeping emergency declarations alive - we now find
ourselves in a position where we cannot reclaim the
power without the President's acquiescence. We are
unable to terminate these declarations without the
President's signature, so we need a large measure of
Presidential cooperation".
It appears that no president has been willing to give up this
extraordinary power, and, if they will not sign the termination
proclamation, the access to, and usage of, extraordinary powers
does not terminate. At least, it has not terminated for over 60
years.
Now, that's no definite indication that a President from Bill
Clinton on might not eventually sign the termination
proclamation, but 60 years of experience would lead one to doubt
that day will ever come by itself But the question now to ask is
this: How many times have We, the People, asked the President to
terminate his access to extraordinary powers, or the situation on
which it is based, the declared national emergency? Who has ever
demanded that this be done? How many of us even knew that it had
been done? And, without the knowledge contained in this report,
how long do you think the blindness of the American public to
this situation would have continued, and with it the abolishment
of the Constitution? But we're not quite as in the dark as we
were, are we?
In Senate Report 93-549 (Exhibit 56), we find the following
statement from Senator Church:
"These powers, if exercised, would confer
upon the President total authority to do anything he
pleased."
Elsewhere in Senate Report 93-549, Senator Church makes the
remarkable statement (Exhibit 57):
"Like a loaded gun laying around the
house, the plethora of delegated authority and
institutions to meet almost every kind of conceivable
crisis stand ready for use for purposes other than
their original intention ... Machiavelli, in his
"Discourses of Livy," acknowledged that
great power may have to be given to the Executive if
the State is to survive, but warned of great dangers
in doing so. He cautioned: Nor is it sufficient if
this power be conferred upon good men; for men are
frail, and easily corrupted, and then in a short
time, he that is absolute may easily corrupt the
people."
Now, a quote from an exclusive reply (Exhibit 58) written May
21, 1973, by the Attorney General of the United States regarding
studies undertaken by the Justice Department on the question of
the termination of the standing national emergency:
"As a consequence, a "national
emergency" is now a practical necessity in order
to carry out what has become the regular and normal
method of governmental actions. What were intended by
Congress as delegations of power to be used only in
the most extreme situations, and for the most limited
duration's, have become everyday powers, and a state
of "emergency" has become a permanent
condition."
From United States v. Butler (Supreme Court, 1935) (Exhibit
59):
"A tax, in the general understanding and
in the strict Constitutional sense, is an exaction
for the support of government; the term does not
connote the expropriation of money from one group to
be expended for another, as a necessary means in a
plan of regulation, such as the plan for regulating
agricultural production set up in the Agricultural
Adjustment Act."
What is being said here is that a tax can only be an exaction
for the support of government, not for an expropriation from one
group for the use of another. That would be socialism, wouldn't
it?
Quoting further from United States v. Butler (Exhibit 60):
"The regulation of farmer's activities
under the statute, though in form subject to his own
will, is in fact coercion through economic pressure;
his right of choice is illusory. Even if a farmer's
consent were purely voluntary, the Act would stand no
better. At best it is a scheme for purchasing with
federal funds submission to federal regulation of a
subject reserved to the states."
Speaking of contracts, those contracts are coercion
contracts. They are adhesion contracts made by a superior over an
inferior. They are under the belligerent capacity of government
over enemies. They are not valid contracts.
Again from United States v. Butler (Exhibit 61):
"If the novel view of the General Welfare
Clause now advanced in support of the tax were
accepted, this clause would not only enable Congress
to supplant the states in the regulation of
agriculture and all other industries as well, but
would furnish the means whereby all of the other
provisions of the Constitution, sedulously framed to
define and limit the powers of the United States and
preserve the powers of the states, could be broken
down, the independence of the individual states
obliterated, and the United States converted into a
central government exercising uncontrolled police
power throughout the union superseding all local
control over local concerns."
Please, read the above paragraph again. The understanding of
its meaning is vital.
The United States Supreme Court ruled the New Deal, the
nationalization, unconstitutional in the Agricultural Adjustment
Act and they turned it down flat. The Supreme Court declared it
to be unconstitutional. They said, in effect, "You're
turning the federal government into an uncontrolled police state,
exercising uncontrolled police power." What did Roosevelt do
next? He stacked the Supreme Court, didn't he? And in 1937, United
States v. Butler was overturned.
From the 65th Congress, 1st Session Doc. 87, under the
section entitled Constitutional Sources of Laws of War, Page 7,
Clause II, we find (Exhibit 62):
"The existence of war and the restoration
of peace are to be determined by the political
department of the government, and such determination
is binding and conclusive upon the courts, and
deprives the courts of the power of hearing proof and
determining as a question of fact either that war
exists or has ceased to exist."
The courts will tell you that is a political question, for
they (the courts) do not have jurisdiction over the common law.
The courts were deprived of the Constitution. They were
deprived of the common law. There are now courts of prize over
the enemies, and we have no persona standi in judicio. We have no
personal standing under the law. Also from the 65th Congress,
under the section entitled Constitutional Sources of Laws of War,
we find (Exhibit 63):
"When the sovereign authority shall choose
to bring it into operation, the judicial department
must give effect to its will. But until that will
shall be expressed, no power of condemnation can
exist in the court."
From Senate Report 93-549 (Exhibit 64):
"Just how effective a limitation on crisis
action this makes of the court is hard to say. In
light of the recent war, the court today would seem
to be a fairly harmless observer of the emergency
activities of the President and Congress. It is
highly unlikely that the separation of powers and the
10th Amendment will be called upon again to hamstring
the efforts of the government to deal resolutely with
a serious national emergency."
So much for our Constitutional system of checks and balances.
And from that same Senate Report, in the section entitled,
"Emergency Administration", a continuation of Exhibit
64:
"Organizationally, in dealing with the
depression, it was Roosevelt's general policy to
assign new, emergency functions to newly created
agencies, rather than to already existing
departments."
Thus, thousands of "temporary" emergency agencies,
are now sitting out there with emergency functions to rule us in
all cases whatsoever.
Finally, let us look briefly at the courts, specifically with
regard to the question of "booty". The following
definition of the term, "prize" is to be found in
Bouvier's Law Dictionary (Exhibit 65):
"Goods taken on land from a public enemy
are called booty; and the distinction between a prize
and booty consists in this, that the former is taken
at sea and the latter on land."
This significance of the distinction between these two terms
is critical, a fact which will become quite clear shortly.
Let us now remember that "Congress shall have the
power to make rules on all captures on the land and the
water." To reiterate, captures on the land are booty,
and captures on the water are prize.
Now, the Constitution says that Congress shall have the power
to provide and maintain a navy, even during peacetime. It also
says that Congress shall have the power to raise and support an
army, but no appropriations of money for that purpose shall be
for greater than two years. Here we can see that an army is not a
permanent standing body, because, in times of peace, armies were
held by the sovereign states as militia. So the United States had
a navy during peacetime, but no standing army; we had instead the
individual state militias.
Consequently, the federal government had a standing prize
court, due to the fact that it had a standing navy, whether in
times of peace or war. But in times of peace, there could be no
federal police power over the continental United States, because
there was to be no army.
From the report The Law of Civil Government in Territory
Subject to Military Occupation by Military Forces of the United
States, published by order of the Secretary of War in 1902,
under the heading entitled The Confiscation of Private Property
of Enemies in War (Exhibit 66), comes the following quote:
"4. Should the President desire to utilize
the services of the Federal courts of the United
States in promoting this purpose or military
undertaking, since these courts derive their
jurisdiction from Congress and do not constitute a
part of the military establishment, they must secure
from Congress the necessary action to confer such
jurisdiction upon said courts."
This means that, if the government is going to confiscate
property within the continental United States on the land
(booty), it must obtain statutory authority.
In this same section (Exhibit 66), we find the following
words:
"5. The laws and usage's of war make a
distinction between enemies' property captured on the
sea and property captured on land. The jurisdiction
of the courts of the United States over property
captured at sea is held not to attach to property
captured on land in the absence of Congressional
action."
There is no standing prize court over the land. Once war is
declared, Congress must give jurisdiction to particular courts
over captures on the land by positive Congressional action. To
continue with (Exhibit 66):
"The right of confiscation is a sovereign
right. In times of peace, the exercise of this right
is limited and controlled by the domestic
Constitution and institutions of the government. In
times of war, when the right is exercised against
enemies' property as a war measure, such right
becomes a belligerent right, and as such is not
subject to the restrictions imposed by domestic
institutions, but is regulated and controlled by the
laws and usage's of war."
So we see that our government can operate in two capacities:
(a) in its sovereign peacetime capacity, with the limitations
placed upon it by the Constitution and restrictions placed upon
it by We, the People, or (b) in a wartime capacity, where it may
operate in its belligerent capacity governed not by the
Constitution, but only by the laws of war.
In Section 17 of the Act of October 6, 1917, the Trading With
the Enemy Act (Exhibit 67):
"That the district courts of the United
States are hereby given jurisdiction to make and
enter all such rules as to notice and otherwise; and
all such orders and decrees; and to issue such
process as may be necessary and proper in the
premises to enforce the provisions of this act."
Here we have Congress conferring upon the district courts of
the United States the booty jurisdiction, the jurisdiction over
enemy property within the continental United States. And at the
time of the original, unamended, Trading with the Enemy Act, we
were indeed at war, a World war, and so booty jurisdiction over
enemies' property in the courts was appropriate. At that time,
remember, we were not yet declared the enemy. We were excluded
from the provisions of the original act.
In 1934 Congress passed an Act merging equity and law
abolishing common law. This Act, known as the Federal Rules of
Civil Procedures Act, was not to come into effect until 6 months
after the letter of transmittal from the Supreme Court to
Congress. The Supreme Court refused transmittal and the
transmittal did not occur until Franklin D. Roosevelt stacked the
Supreme Court in 1938 (Exhibits 67(a) and (b)).
But on March the 9th of 1933, the American people were
declared to be the public enemy under the amended version of the
Trading With the Enemy Act. What jurisdiction were We, the
People, then placed under? We were now the booty jurisdiction
given to the district courts by Congress.
It was no longer be necessary, or of any value at all, to
bring the Constitution of the United States with us upon entering
a courtroom, for that court was no longer a court of common law,
but a tribunal under wartime booty jurisdiction. Take a look at
the American flag in most American courtrooms. The gold fringe
around our flag designates Admiralty jurisdiction.
Executive Order No. 11677 issued by President Richard M.
Nixon August 1, 1972 (Exhibit 68) states:
"Continuing the Regulation of Exports; By
virtue of the authority vested in the President by
the Constitution and statutes of the United States,
including Section 5 (b) of the Act of October 6,
1917, as amended (12 U. S. C. 95a),
and in view of the continued existence of the
national emergencies..."
Later, in the same Executive Order (Exhibit 69), we find the
following:
"...under the authority vested in me as
President of the United States by Section 5(b) of the
Act of October 6, 1917, as amended (12 U. S. C. 95a)..."
Section 5(b) certainly seems to be an one-sided support for
Presidential authority, doesn't it? Surely the reason for this
can be found by referring back to Exhibit 49, the words of Mr.
Katzenbach in Senate Report 93-549:
"My recollection is that almost every
executive order ever issued straddles on several
grounds, but it almost always includes the Trading
With the Enemy Act because the language of that act
is so broad, it would justify almost anything."
The question here, and it should be a question of grave
concern to every American, is what type of acts can "almost
anything" cover? What has been, and is being, done, by our
government under the cloak of authority conferred by Section 5(b)
? By now, I think we are beginning to know.
Has the termination of the national emergency ever been
considered? In Public Law 94412, September 14, 1976 (Exhibit 70),
we find that Congress had finally finished their exhaustive study
on the national emergencies, and the words of their findings were
that they would terminate the existing national emergencies. We
should be able to heave a sigh of relief at this decision, for
with the termination of the national emergencies will come the
corresponding termination of extraordinary Presidential power,
won't it? But yet we have learned two difficult lessons: that we
are still in the national emergency, and that power, once
grasped, is difficult to let go. And so now it should come as no
surprise when we read, in the last section of the Act, Section
502 (Exhibit 71), the following words:
"(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. 5b)"
The bleak reality is, the situation has not changed at all.
The alarming situation in which We, the People, find
ourselves today causes us to think back to a time over two
hundred years ago in our nation's history when our forefathers
were also laboring under the burden of governmental usurpation of
individual rights. Their response, written in 1774, two years
before the signing of the Declaration of Independence, to the
attempts of Great Britain to retain extraordinary powers it had
held during a time of war became known as the "Declaration
of Rights" (Exhibit 72). And in that document, we find these
words:
"Whereas, since the close of the last war,
the British Parliament, claiming a power of right to
bind the people of America, by statute, in all cases
whatsoever, hath in some acts expressly imposed taxes
on them. and in others, under various pretenses, but
in fact for the purpose of raising a revenue, hath
imposed rates and duties payable in these colonies
established a board of commissioners, with
unconstitutional powers, and extended the
jurisdiction of the courts of admiralty, not only for
collecting the said duties, but for the trial of
causes merely arising within the body of a
county."
We can see now that we have come full circle to the situation
which existed in 1774, but with one crucial difference. In 1774,
Americans were protesting against a colonial power which sought
to bind and control its colony by wartime powers in a time of
peace. In 1994, it is our own government which has sought,
successfully to date, to bind its own people by the same subtle,
insidious method.
Article 3, Section 3, of our Constitution states:
"Treason against the United States, shall
consist only in levying War against them, or in
adhering to their Enemies, giving them aid and
comfort. No Person shall be convicted of Treason
unless on the Testimony of two Witnesses to the same
overt Act, or on Confession in open Court."
Is the Act of March 9, 1933, treason? That would be for the
common law courts to decide. At this point in our nation's
history, the point is moot, for common law, and indeed the
Constitution itself, do not operate or exist at present. Whether
governmental acts of theft of the nation's money, the citizens'
property, and American liberty as an ideal and a reality which
have occurred since 1933 is treason against the people of the
United States, as the term is defined by the Constitution of the
United States cannot even be determined or argued in the legal
sense until the Constitution itself is reestablished. For our
part, however, we firmly believe that, "by their fruits ye
shall know them", and on that authority we rest our case.
CONCLUSION As you have just witnessed, the United
States of America continues to exist in a governmentally ordained
state of national emergency. Under such a state of emergency, our
Constitution has been set aside, ostensibly for the public good,
until the emergency is canceled.
But, as experience painfully shows, it has not been to the
public's good that our government has used its unrestricted
power, unhampered by the Constitution's restraining force. The
governmental edicts and actions over the past six decades have
led us to the desperate state in which we find ourselves today.
Besieged on every side, corroding from within, frightened and in
despair, we as a nation are being torn asunder.
There is, a national emergency today, one of life and death
proportions, but it is not the emergency used by our government
to continue its abuse of power. It is this very abuse, this
unbridled rape of the American spirit, that is the crux of the
emergency we are in today. But this true emergency cannot be
cured by setting aside the Constitution; no, it can only be
controlled by returning to the laws of God and Country which have
been stolen from us by those in whom we placed our trust to
protect the national interest.
We are a nation whose government is based upon those immortal
words, "a government of the people, by the people, for the
people". One has only to walk down the highways and byways
of this great land to know all too well that this is not a
government of the people or for the people. Actions speak louder
than words, and the actions taken over the past decades have
resulted in an unparalleled decline of American economic and
political power, and a weakening of American values and spirit.
This is not a crisis in which the taking up of arms is the
answer. No, this is a situation in which we firmly believe that
the pen will be mightier than the sword. That a state of
emergency exists cannot be disputed. That the emergency is one
which should concern every American alive cannot be denied. That
we must stand together, laying aside our individual differences,
to fight the common foe, is of vital importance, for the time to
act is now. But this is not a battle of swords, but of knowledge,
for only when the deception is exposed to the light of day can
the healing process begin.
Truth stands tall in the light of day, and it is the truth we
bring to you today. Let it be known and understood that it is our
intention to make this information available to every concerned
American who desires to know the true State of the Union. This is
an undertaking of immense proportions, but we have dedicated
ourselves to bringing this information to the light of day, and
with the help of "We, the People", we will be
successful in our efforts.
Every American who is thankful for the opportunity to call
themselves American must also accept the responsibility that
comes with that title. We the People have not only a right, but a
responsibility to each other and to those who have gone before us
to learn what our government is doing, and to judge whether
actions taken benefit the people who will bear the costs. We have
been in the dark long enough, content to rest on our past glories
and let the government take its course. In a way, we have been
like children, trusting in our parents to act in our best
interest. But as we have too frequently seen in the nightly news,
not all parents have their children's best interest at heart.
The time has come for us to take off our blinders and accept
reality, for the time of national reckoning has arrived. The
majority of our elected and appointed officials are no more
responsible for the current state of affairs than are we. The
strings are being manipulated at far higher levels than the
positions most officials occupy. They are working with little
knowledge or authority, trying to control problems far bigger
than even they realize. Their programs and actions may seek to
cure the symptoms, but the time has now come to attack the
disease. They are no more guilty than we are, nor will they be
any more protected when the nation collapses on us all.
If we blame them for this national emergency, we must also
truly blame ourselves, for it is "We the People" to
whom this nation was given and whose duty it was to keep a
watchful eye on those who direct the sails of the ship of state.
We have, however, fallen asleep, and while we were dreaming the
American dream, a band of pirates stole the Constitution and put
our people into slavery.
And since that terrible day when our Constitution was cast
aside, not one President or Congress, nor one Supreme Court
justice has been able or willing to return it to its rightful
owners. Given the current state of the union, there is no reason
to expect this situation to change unless we ourselves cause it
to be so.
Let us put the childish emotions of pity and self-deception
away, stand up, stand together and fight back. Now is the time to
stop dreaming, and start the long work before us. Now is the time
to turn back to the principles and ideals on which this nation
was founded, the strong foundation from which our national
identity springs.
When does tolerance become anarchy? When does protection
become slavery? When is enough enough? Now is when - here and
now.
Now is the time to return to the laws set forth by God, and
throw off these chains of ignorance and bondage which grip our
nation to the point of death. Let us return to the source, the
standard of excellence set for us long ago. Our message to
Congress and all elected and appointed officials must be,
"Let my people go!", for we are all laboring under a
system which will eventually crush us, regardless of our
religion, our sex, or the color of our skin.
We must let those at all levels of governmental authority
know that we have learned of the deception which lies at the core
of our national malaise. We must tell them in no uncertain terms
that we will tolerate this great lie no longer, and we must put
them on notice that we expect them to resign if they have not the
courage and the resolve to help this nation in its hour of need.
We have been fools long enough. No matter how long after the
date you read this report, start each and every week without fail
to give a copy of this information to at least one person you
know. We also ask you to write a letter to Congress telling them
to "Let our People go", or you can use the form letter
you will find enclosed in the report.
We must let our elected officials know that we expect them as
servants of the people to help us reestablish law and order and
restore our national pride. They must, repeal proclamation 2039,
2040, and Title 12 USC 95(a) and 95(b), thereby canceling the
National Emergency, and reestablish the Constitution of this
nation.
Now is the time for excellence of action. We demand it and
will accept nothing less. This is our country, to protect and
defend, no matter the cost. To do nothing out of fear or apathy
is exactly what those in power are hoping for, for it is
ignorance and apathy that the darkness likes best. We must not be
a party to the darkness enveloping our nation any longer. We must
come into the light, and give our every drop of blood, sweat and
tears to bring our nation back with us.
We must acknowledge that if we do nothing, if we are not
willing to act now and act boldly, without fear but with faith
and a firm resolve, our freedom to act, at all may soon be taken
away altogether. New bills, new laws are being presented dally
which will effectively serve to tighten the chains of bondage
already encircling this nation.
My friends, we are not going into slavery, we are already
there. Make no mistake those in power are already tightening the
chains, but they are doing so slowly, quietly and with great
caution, for fear of awakening the slumbering lion which is the
voice of the American people. There is yet still time for us to
slip loose the chains which bind us, and for us to bring about
the restoration of this nation.
If we act, if we make our concerns known and shout out our
refusal to accept the future which has been planned for us by
those who hold no allegiance to this great land of ours, we can
yet demand and see come to pass the day when the state of
emergency is canceled and the Constitution is restored to her
rightful place as the watchdog of those for whom absolute power
corrupts absolutely. If we repent of our ignorance and our
apathy, and return to the God-given laws on which this nation was
founded, we may yet be free.
We will continue to hold meetings and offer this information
until everyone in America has had an opportunity to hear it and
we have set our nation free. We will not tolerate less. We are
Americans and that means far more than most of us realize.
If it first it seems you are working alone, do not give up,
for as this information spreads across the land to the great
cities and small towns, you will find yourself in excellent
company. You already are as only one, for behind you stand all
the heroes of our history who fought and died to keep this nation
free.
Again, we must stress that we are not asking you to pick up
guns; in fact, we implore you not to, no matter how angry the
news of this deception has made you. Turn your anger into a
steely resolve, a fierce determination not to give up until the
battle has been won. We are not asking you for lots of money;
that's their game, the "almighty dollar". It is the
substitution of wealth and possessions for integrity and honor
that helped get us into this true state of emergency in which we
find ourselves now. We are not asking you for more time than you
can give, although we do ask you to give what time you can to get
this information out.
What we ask from you is your commitment to stand with those
around you to help us restore this nation to her rightful place
in history, both that written and that yet to be told. Abraham
Lincoln once said, "We the People are the rightful masters
of both Congress and the Courts - not to overthrow the
Constitution, but to overthrow the men who pervert the
Constitution". We must stand together now in this, our
national hour of need. As the United States Supreme Court once
said, "It is not the function of our government to keep the
citizen from falling into error; it is the function of the
citizen to keep the government from falling into error".
Each individual, their attitudes and actions, forges their
own special link in the great chain of history. Now is the time
to add to that precious inheritance of honor and duty which has
kept America alive because the choices we make and the actions we
take today are a part of history as well as our future.
The vision for America has not died; the "land of the
free and the home of the brave" still exists. There is still
time to turn the tide for this great land, but we must join
together to make it happen. We have a debt of honor to the past
and the future, a call to glory to rescue out homeland from the
hands of those who would see her fall. We cannot, we must not
fail.
Example Letter to the President
Date:
Your Name
Address
City, State, Zip
President Clinton
1600 Pennsylvania Ave.
Washington, D.C. 20510
Sir:
I am an American citizen who is aware of the extraordinary
powers conferred upon you by the declared state of "national
emergency" under which America has labored for over sixty
years. These powers, available to the Executive branch since
March of 1933, have effectively placed the American people in
slavery, by nationalizing the vital industries of this nation and
removing the common law from our court system.
I understand that, because of this ongoing "national
emergency", the Constitution of the United States has been
effectively set aside. I remind you now of the oath you took upon
entering the office which you now occupy by permission of the
American peopl e. When you took your oath of office, you swore
that you would uphold the Constitution of the United States.
I charge you now to carry out the duties and actions of your
oath of office, and return the Constitution to its rightful place
in our government by canceling the state of national emergency. I
urge you to repeal Proclamations 2039 and 2040, and the amend ed
version of the Trading with the Enemy Act of October 6, 1917,
especially Section 5 (b), under which so many actions injurious
to the spirit and livelihood of the American people have been
taken. If you are unwilling or unable to take these steps towar d
restoring America to the Constitutional republic she was designed
to be, I urge you to resign from your position as a servant of
the American people.
I will continue to urge our government to correct this
situation until such time as you have canceled the state of
national emergency, and returned the Constitution of the United
States to its rightful owners - We, the People.
Sincerely,
Back to letters to
servants
Example
Letter to the House of Representatives
Date:
Your Name
Address
City, State, Zip
The Honorable
United States House of Representatives
2449 Rayburn Building
Washington, D.C. 20510
Dear Sir (or Madam):
I am taking advantage of my American freedom, while I still
have it, to urge you to stand up for the American people, and
make it your position that the declared state of national
emergency which has operated in this great nation for over sixty
years be c anceled immediately.
I have been apprised of the amendment to Section 5(b) of the
Trading with the Enemy Act of October 6, 1917, and understand the
extraordinary powers it has conferred upon the Executive branch
of our government. These excessive powers have been used to sel l
our nation into slavery, by effectively nationalizing our vital
industries and separating the American citizen from their nights
under common law.
I know that the Constitution of this United States has been
set aside under this "national emergency". I urge you
now, as a servant of the American people, to commit yourself to
working for its immediate return to its rightful owners - We, the
People. I f you are unwilling or unable to take this stand in
defense of your country, I request that you tender you
resignation so that another may take your place who is willing
and/or able to do what you are not.
The Supreme Court once said, "It is not the function of
our government to keep the citizen from falling into error; it is
the function of the citizen to keep our government from falling
into error". As such, I hereby charge you to repeal
Proclamations 20 39 and 2040, and 12 USC 95 (a) and (b),
reestablish the Constitution of the United States to its rightful
position in our government, and Let My People Go.
Sincerely,
Back to letters to
servants
Example
Letter to the United States Senate
Date:
Your Name
Address
City, State, Zip
The Honorable
United States Senate
703 Hart, Senate Bldg.
Washington, D.C. 20510
Dear Sir (or Madam):
I am taking advantage of my American freedom, while I still
have it, to urge you to stand up for the American people, and
make it your position that the declared state of national
emergency which has operated in this great nation for over sixty
years be c anceled immediately.
I have been apprised of the amendment to Section 5 (b) of the
Trading with the Enemy Act of October 6, 1917, and understand the
extraordinary powers it has conferred upon the Executive branch
of our government. These excessive powers have been used to se ll
our nation into slavery, by effectively nationalizing our vital
industries and separating the American citizen from their rights
under common law.
I know that the Constitution of the United States has been
set aside under this "national emergency". I urge you
now, as a servant of the American people, to commit yourself to
working for its immediate return to its rightful owners - We, the
People. If you are unwilling ' or unable to take this stand in
defense of your country, I request that you tender your
resignation so that another may take your place who is willing
and/or able to do what you are not.
The Supreme Court once said, "It is not the function of
our government to keep the citizen from falling into error; it is
the function of the citizen to keep our government from falling
into error". As such, I hereby charge you to repeal
Proclamations 20 39 and 2040, and 12 USC 95 (a) and (b),
reestablish the Constitution of the United States to its rightful
position in our government, and Let My People Go.
Sincerely,
This is the end of our web report. To order a hardcopy of War and Emergency Powers, please click here
for our on-line order form or you may contact us by calling
214.826 .5899, fax 214.826.5896 or write:
American Freedom Coalition
P.O. Box 2279
Dallas, Texas 75221-2279
Back to letters to servants
Back to top
Return To American Freedom
Coalition Home Page
Created 1/17/95 by American Freedom
Communications
Last revised 8/25/95
jvail@metronet.com
|