New Nationwide FEMA Internment Camps Should Raise Some Eyebrows

New Nationwide FEMA Internment Camps Should Raise Some Eyebrows.

The Bankers Manifesto of 1892 « Laura Bruno’s Blog

The Bankers Manifesto of 1892

via The Bankers Manifesto of 1892 « Laura Bruno’s Blog.

This Voting American Blog Will Not Be Intimidated By Any Socialist Government Goons!

This Voting American Blog Will Not Be Intimidated By Any Socialist Government Goons!.

NDAA Sections 1021 and 1022: Scary Potential – Tenth Amendment Center

NDAA Sections 1021 and 1022: Scary Potential – Tenth Amendment Center.

Posted by Rob Natelson

Are the detainment provisions of the 2012 National Defense Authorization Act serious?

Yes they are.

This is a complicated area, and there has been a lot of word-fudging in spinning this subject. So bear with me as we take things step by step.

*    The U.S. Constitution generally guarantees the “Privilege of the Writ of Habeas Corpus.” The writ of habeas corpus is a court order a prisoner can obtain requiring the jailer to come into court and justify his detention of the prisoner. It is a traditional way in which those held can demand a fair trial by jury in a civilian court. The writ of habeas corpus is a treasured part of our traditional liberty. Belief that the British were infringing it was one cause of the American Revolution.  (The writ is called a “privilege” rather than a “right” because it is a creation of the legal system rather than a natural right, like the right to free speech.)

*    By the Constitution’s original meaning, the privilege of habeas corpus is guaranteed to all those in “allegiance” to the United States. “Allegiance” is an old technical legal term that includes both citizens and aliens legally in the country.

*    By successfully convincing a judge to issue a writ of habeas corpus, citizens, foreign visitors, and legal residents may obtain a hearing that may induce the judge to order a civilian trial. It matters not how heinous the crimes they are accused of. For example, a person charged with trying to blow up a building on behalf of a foreign power can be charged with treason. But while still merely accused, he is entitled to all the protections of due process, including a fair, public trial before a jury of his peers.

*    By the Constitution’s original meaning, habeas corpus does NOT apply if the Congress, as an incident to its war power, “suspends” the writ for a particular time and place. However, the Constitution says that Congress may “suspend” the writ only “when in cases of rebellion or invasion the public safety may require it.” Congress has not suspended the writ, and it is doubtful that occasional acts of terrorism constitute a sufficient “rebellion or invasion” to justify doing so. Even if Congress could suspend the writ, a Bill of Suspension would be a serious, much-debated measure for which Congress would have to assume direct political accountability. Political accountability is not a big priority with Congress right now.

*    Members of all belligerent armed forces (both sides) are subject to military, not civilian, law.

*    Thus, by the law of war, the executive (and the military officers under him) may incarcerate for the duration of the conflict any enemy combatants captured in the theater of war.

*    By the Constitution’s original meaning the executive has no constitutional power (without formal congressional suspension of the writ) to lock up citizens or lawful aliens apprehended outside the war theater. If accused of crime, the accused has the privilege of a jury trial in a civilian court. By the Constitution’s original meaning, this constitutional right does not apply to enemy aliens, wherever apprehended.

*    In 2008, the U.S. Supreme Court (erroneously, in my view) held that alien Guantanamo detainees have the right to habeas corpus to determine if they are really enemy combatants. Still, under this case if they are found to be enemy combatants they can go back to prison indefinitely.

Now, with that background, let’s look at the critical language of the Act, again step by step:

§1021: (a) Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force . . . includes the authority for the Armed Forces of the United States to detain covered persons . . . pending disposition under the law of war.

Comment: The Authorization for the Use of Military Force (AUMF) is the resolution passed in the wake of 9/11 authorizing the President to fight terrorism. The National Defense Authorization Act is sometimes justified as mere clarification of the AUMF.

(b) . . A covered person under this section is any person as follows:

Comment: This provision includes people accused of certain terror-related crimes. Fine— but it does not exempt U.S. citizens or legal aliens with U.S. territory. Thus, far, it appears they can be “detain[ed] . . . pending disposition under the law of war.” But what does that mean?

c) . .  The disposition of a person under the law of war . .  may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force. . .

Comment: This clarifies that the government may detain anyone so charged “without trial until the end of the hostilities.” Apologists for the law point out that it permits other dispositions “under the law of war,” including civilian trial. But the point is that the law does not require those other dispositions. The administration can simply decide to detain you “without trial until the end of hostilities.”

(d) . . . Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.

Comment: This is a basis for the argument that all Congress is really doing is clarifying the AUMF. But this is cold comfort, because the position of the Obama administration is that the AUMF always authorized rounding up citizen-suspects and holding them without trial!

(e) . . . Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.

Comment: This provision is sometimes touted as protecting citizens because it preserves existing Supreme Court decisions. The problem is that, as yet, there are no Supreme Court decisions that squarely provide the full measure of habeas corpus protection to citizens or legal aliens accused within our borders. This is true because neither the Bush nor the Obama administration has had the audacity to round up U.S. citizens without our borders and hold them indefinitely without trial.

Here are the principal Supreme Court decisions the law preserves:

(1) A post-Civil War case (Ex Parte Milligan) saying a citizen non-combatant  incarcerated outside the theater of war is entitled to habeas corpus. (This holding doesn’t help those accused of being combatants.)

(2) The World War II-era Quirin decision that permitted President Roosevelt to detain, try in a secret military hearing, and execute a U.S. citizen captured on U.S. territory and accused of being a German spy. Obviously, this decision—which is widely acknowledged to be egregious—offers no protection against the National Defense Authorization Act.

(3) The 2004 Hamdi case, which says that a U.S. citizen captured bearing arms in the war theater is NOT entitled to habeas corpus. He is entitled only to a minimal military hearing without a jury and without many of the traditional due process protections.. (Some apologists for the National Defense Authorization Act are claiming the Hamdi case granted a right of habeas corpus; this claim is flatly wrong.)

(4) The 2008 Boumedienne decision, which held that alien Guantanamo detainees are entitled to habeas corpus and a civilian hearing to show that they were non-combatants.

Obviously, none of these prior holdings addresses the habeas corpus rights of a U.S. citizen or legal alien apprehended within the U.S. and charged with being an enemy combatant. So there is no Supreme Court case providing the necessary protection preserved by the law’s provision that “existing law or authorities” are preserved.

§ 1022: (b) (1) . . . The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
(2) . . . The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

Comment: This section says that the administration is not REQUIRED to keep a U.S. citizen or legal resident alien in indefinite military custody. But it does not prevent the administration from doing so.

* * * *

When you look at sections 1021 and 1022 of the National Defense Authorization Act objectively, they become scary in their potential. If the administration does try to use it to lock up American citizens without habeas corpus, the Supreme Court probably will void the incarceration and require a civilian trial. But in the normal course of events, vindicating one’s rights could take years.

Of course, in America, we traditionally don’t lock up citizens on mere suspicion. . . .

Or is that is now changing?

In private life, Rob Natelson is a long-time conservative/free market activist, but professionally he is a constitutional scholar whose meticulous studies of the Constitution’s original meaning have been published or cited by many top law journals. (See: www.umt.edu/law/faculty/natelson.htm.) Most recently, he co-authored The Origins of the Necessary and Proper Clause (Cambridge University Press) and The Original Constitution (Tenth Amendment Center). After a quarter of a century as Professor of Law at the University of Montana, he recently retired to work full time at Colorado’s Independence Institute.

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Join Our Censorship Protest!

Join Our Censorship Protest!

by Jane Wells

Have you been paying attention to all the hubbub online about the proposed U.S. legislation (SOPA/PIPA) that threatens internet freedom? I wrote about it last week over on WordPress.org, but the gist is this: there’s a bill in the U.S. Senate that if passed would put publishing freedom severely at risk, and could shut down entire sites at the whim of media companies. Fight for the Future created this nifty video to sum it up better than I can.
Thank you!

http://vimeo.com/31100268

For you WP bloggers, there are two options: a “Stop Censorship” ribbon and a full blackout. The blackout portion will be in effect January 18 from 8am to 8pm EST, while the ribbon will be displayed until January 24. To join in please refer back to original blog for directions.

*This site will be in full blackout mode January 18th with a protest ribbon displayed until January 24th, 2012* 

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 WEB GOES ON STRIKE

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January 18th, 2012 is the largest online protest in history, to stop the internet censorship bills, SOPA & PIPA. Join in by blacking out your site and urging everyone you can reach to contact Congress now.

January 18th is going to be amazing. Sites are striking in all different ways, but they are united by this: do the biggest thing you possibly can, and drive contacts to Congress. Put this on your site or automate it by putting this JS into your header, which will start the blackout at 8AM EST and end at 8PM EST.

Press Contact

Email: press@fightforthefuture.org (Press only please!)

Otherwise email: team@fightforthefuture.org).

Phone: (508) 474-5248

Everyone: Prepare to Strike

Websites: How to Strike

Confirmed Participants:

PROTECT IP / SOPA Act Breaks the Internet

http://vimeo.com/31100268

Congress needs to hear from you, or this bill passes

The video above discusses the Senate version of the House’s Stop Online Piracy Act (SOPA). In the Senate the bill is called the PROTECT IP Act (PIPA). SOPA has gotten more attention than PIPA because it was moving faster in the legislative process. But PIPA is just as dangerous, and now it is moving faster.

PIPA would give the government new powers to block Americans’ access websites that corporations don’t like. The bill lets corporations and the US government censor entire websites and cut sites off from advertising, payments and donations.

This legislation will stifle free speech and innovation, and even threaten popular web services like Twitter, YouTube, and Facebook.

The bill is scheduled for a test vote in the Senate on Jan. 24th: We need to act now to let our lawmakers know just how terrible it is. Will you fill out the form above to ask your lawmakers to oppose the legislation and support a filibuster?

Online Directory for the 112th Congress

Senators of the 112th Congress  

SOPA and PIPA: Just the Facts

By Jared Newman, PCWorld    Jan 17, 2012 6:00 PM

The Stop Online Piracy Act and the Protect IP Act are getting more negative attention, as major websites such as Wikipedia plan to protest the bills with blackouts on Wednesday. Even Google will join the action, with a link on its homepage explaining why the company opposes the legislation.

SOPA and PIPA: The Basics

Media companies are always looking for new ways to fight piracy. They’ve tried suing individual users, getting Internet service providers to take action against subscribers, and working with the U.S. government to shut down domains based in the United States. But none of those actions can stop overseas websites such as The Pirate Bay and MegaUpload from infringing copyrights, or prevent Internet users from accessing those sites.

Enter SOPA, in the U.S. House of Representatives, and PIPA, in the U.S. Senate. Both bills are aimed at foreign websites that infringe copyrighted material. The bills are commonly associated with media piracy, but may also apply to counterfeit consumer goods and medication.

Arguments for and Against SOPA and PIPA

Opponents of SOPA and PIPA believe that neither piece of legislation does enough to protect against false accusations. As the Electronic Frontier Foundation argues, provisions in the bill grant immunity to payment processors and ad networks that cut off sites based on a reasonable belief of infringement, so even if claims turn out to be false, only the site suffers. “The standard for immunity is incredibly low and the potential for abuse is off the charts,” says the EFF.

Who’s for SOPA and PIPA, and Who’s Against?

Representative Lamar Smith (R-Texas) is the author of SOPA, which is backed by 31 cosponsors in the House. Senator Patrick Leahy (D-Vermont) wrote PIPA, which has 40 cosponsors in the Senate. ProPublica has a visualized list of supporters in both the House and Senate. Continue reading article

Time Warner, the parent company of CNN, is among the industry supporters of the legislation

Barack Obama: An American Disgrace and Embarrassment

Barack Obama: An American Disgrace and Embarrassment.

Today is the US Navy’s 236 Birthday.

Today is the US Navy’s 236 Birthday. Find a Navy service member, Navy Vet, Navy Family (especially the children) – tell them Happy Birthday, but more importantly, thanks for their service and sacrifices – past, present, and future.

Some Gave All, Some Still are, NEVER forget!

Happy 236th Birthday to Our U.S Navy

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“Happy Birthday to you and all of our Sailors as you celebrate the Navy’s 236 years of unwavering service to our grateful nation.”

Air Force leaders send birthday messages to Navy

.

Happy birthday, Navy! You look pretty good for 236 years of age.

Here are a handful of fun facts about the U.S. Navy.

• The birth of the Navy came when the Continental Congress voted to commission two ships to intercept weapons being transported to the British Navy in America.
• The Navy did not officially declare its birthday to be Oct. 13 until 1972. Before then, many Navy historians cited different dates.
• It’s not entirely clear whether John Paul Jones actually said the words, “I have not yet begun to fight,” during the battle of the Bonhomme Richard over HMS Serapis. 
• There are 12 official U.S. Navy museums, including one in Annapolis, two in Washington, DC, and one in Patuxent River, MD.
• “Anchors Aweigh” is not the official song of the Navy, as many believe, though there have been proposals to make it so.
• There two Australian Rules football clubs that use “Anchors Aweigh” (with changed lyrics) as their official songs.
• There have been four five-star admirals – known as Fleet Admirals – and all received the honor during WWII. They are:

• William Daniel Leahy
• Ernest Joseph King
• Chester William Nimitz
• William Frederick Halsey Jr.

The Communist Agenda to Grind America Down has Worked

The Communist Agenda to Grind America Down has Worked.

The President’s Enumerated Powers, by Publius Huldah

What are the Enumerated Powers of the President?

The President’s Enumerated Powers, Rulemaking by Executive Agencies, & Executive Orders

By Publius Huldah.

.On election night, November 2, 2010, Rep. John Boehner said in his victory speech:

…While our new majority will serve as your voice in the people’s House, we must remember it is the president who sets the agenda for our government. … [emphasis added]

Next morning, Ezra Klein commented in the Cult of the President lives on:

I’d like Boehner to show us where in the Constitution it says that the president sets the agenda for the government.

But Boehner is not as astute as Ezra Klein, and does not know that it is our Constitution which sets the “agenda” for the federal government.  The agenda the Constitution sets restricts the federal government to war, international relations & commerce; and domestically, the establishment of an uniform commercial system: a monetary system based on gold & silver, weights & measures, patents & copyrights, a bankruptcy code, and mail delivery (Art. I, Sec. 8, cls.1-16). ¹

And because none of the House Republicans seem to know that our Constitution sets the agenda, and don’t know that our Constitution also enumerates the powers delegated to the President, they are allowing Obama to carry out his “agenda” to transform our Country into a fascist dictatorship.

What are the Enumerated Powers of the President?

The powers of the President are “carefully limited” and precisely defined by our Constitution.  In Federalist Paper No. 71 (last para), Alexander Hamilton asks,

…what would be … feared from an elective magistrate of four years’ duration, with the confined authorities of a President of the United States?…[emphasis added] ²

The answer to Hamilton’s question is this: There would be nothing to fear if Presidents obeyed the Constitution. But they don’t obey it because the dolts in Congress don’t make them obey it!

Well, then!  Here is the complete list of the President’s enumerated powers:

Art. I, Sec. 7, cls. 2 & 3, grants to the President the power to approve or veto Bills and Resolutions passed by Congress.

Art. I, Sec. 9, next to last clause, grants to the executive Branch – the Treasury Department – the power to write checks pursuant to Appropriations made by law – i.e., by Congress.

Art. II, Sec. 1, cl.1, vests “executive Power” [see below] in the President.

Art. II, Sec. 1, last clause, sets forth the President’s Oath of Office – to “preserve, protect and defend the Constitution of the United States”.

Art. II, Sec. 2, cl.1:

• makes the President Commander in Chief of the armed forces when they have been called by Congress into the actual service of the United States. ³

• authorizes the President to require the principal Officers in the executive Departments to provide written Opinions upon the Duties of their Offices.

•  grants the President power to grant Reprieves and Pardons for offenses against the United States, ⁴  but he can not stop impeachments of any federal judge or federal officer.

Article II, Sec. 2, cl. 2 grants to the President the power:

• to make Treaties – with the advice and consent of the Senate. ⁵

• to nominate Ambassadors, other public ministers and Consuls, federal judges, and various other officers – with the advice and consent of the Senate.

Article II, Sec. 2, cl. 3 grants to the President the power to make recess appointments, which expire at the end of Congress’ next session.

Art. II, Sec. 3:

• Imposes the duty on the President to periodically advise Congress on the State of the Union, and authorizes the President to recommend to Congress such measures as he deems wise.

• Authorizes the President, on extraordinary Occasions, to convene one or both houses of Congress [e.g., when he asks Congress to declare War]; and if both houses can not agree on when to adjourn, he is authorized to adjourn them to such time as he deems proper.

• Imposes the duty upon the President to receive Ambassadors and other public Ministers.

• Imposes the duty upon the President to take care that the Laws be faithfully executed, and

• Imposes the duty upon the President to Commission all the Officers of the United States.

That’s it! Anything else the President does is unlawful and a usurpation of powers not granted.

 What is the “executive Power”?

So!  The granting of the “executive Power” to the President is not a blank check giving him power to do whatever he wants.  The “executive Power” is merely the power to put into effect – to implement – those Acts of Congress which are within Congress’ enumerated powers.  Thus, if Congress establishes “an uniform Rule of Naturalization” (as authorized by Art. I, Sec. 8, cl. 4), it is the President’s duty to implement and enforce the law Congress makes. The President is to carry out – to execute – Acts of  Congress.

But note well:  His Oath of Office – to “preserve, protect and defend the Constitution”, shows that the President must use his independent judgment ⁶  as to which acts of Congress are and are not constitutional.  Thus, as shown in this paper, “The Oath Of Office: The Check On Usurpations By Congress, The Executive Branch, & Federal Judges“, the President has the duty, imposed by his Oath, to act as a “check” on Congress (and on federal courts, as well).

Accordingly, when Congress makes a “law” which is not authorized by the Constitution, it

…would not be the supreme law of the land, but a usurpation of power not granted by the Constitution”… Federalist No. 33 (last two paras); ⁷

and since the President’s Oath requires him to “preserve, protect and defend the Constitution“, the President must refuse to enforce an unconstitutional “law” made by Congress.  Otherwise, he’d be in collusion with the legislative branch to usurp power over The People. ⁸

So, then!  Acting as a check on Congress (and federal courts) by refusing to enforce unconstitutional “laws” (and opinions), as well as the duty of entertaining foreign dignitaries, are the only occasions where the President may act alone. His prime responsibility is to do what Congress tells him.

Article I, Sec. 1 & The Unconstitutional Administrative Law State

Now, you must learn of “administrative law” – i.e., rulemaking by Executive Agencies. ⁹

Article I, Sec.1, U.S. Constitution, says:

All legislative Powers herein granted shall be vested in a Congress of the United States.

That little phrase is of immense importance. It means what it says, that only Congress may make laws: laws are to be made only by Representatives whom we can fire every two years, and by Senators whom we can fire every six years.

But in Joseph Postell’s “must read” paper, “Constitution in Decline“, he shows that during the administration of the nefarious Woodrow Wilson, Congress began delegating its lawmaking powers to agencies within the Executive Branch.  Since then, Congress passes an overall legislative scheme, and delegates the details to be written by un-elected, un-accountable bureaucrats in the various Executive Agencies.  They write the “administrative rules” which implement the Legislation. The result is the execrable Code of Federal Regulations (CFR), which is accepted, by the indoctrinated members of my profession, as “law”. Go here to see the abominable CFR.

May the President Lawfully Make “Executive Orders”?

The Guiding Principle is this:  The President has no authority to do ANYTHING apart from constitutional authority or statutory authority (assuming the statute itself is constitutional).

1.    So!  Respecting those matters within his constitutional authority & duties, and authority & duties imposed by constitutional statutes, the President may make “orders” – call them “executive orders” if you like.

For example: It is the President’s constitutional duty “to take care that the Laws be faithfully executed”. Thus, he has the duty to enforce [constitutional] laws made by Congress.  How does he enforce the laws?  Sometimes, by means of “orders”.

To illustrate: Say Congress makes a law, as authorized by Art. I, Sec. 8, clause 6, making it a felony to counterfeit the Securities and current Coin of the United States.  If U.S. Attorneys are not prosecuting counterfeiters, the President should “order” them to do it. Or fire them.

But say Congress makes a law which purports to make possession of shotguns shorter than 18 inches a crime.  Since the President’s Oath requires him to “preserve, protect and defend the Constitution”, he is obligated to “order” the U.S. Attorney General and the U.S. Attorneys to refuse to prosecute anyone for possession of sawed-off shotguns. Why?  Because such a “law” is unconstitutional as outside the scope of the legislative powers granted to Congress in Our Constitution.  It also violates the Second Amendment.

Clearly, such an order to refuse prosecution falls within the President’s constitutional duties (enforce the Constitution), and he is giving an order to people within the Executive Branch. The President is the one who is charged with carrying out the Acts of Congress – he has the “executive Power”.  But because of his Oath, he may not carry out unconstitutional “laws”. That is one of the checks on Congress.

The President may also properly make orders addressing housekeeping issues within the Executive Branch:  Dress codes, no smoking or drinking on the job, he may encourage executive agencies to hire qualified handicapped people, and the like.  Just as if you have a business, you may make orders addressing such matters.

So! Do you see?  The President may lawfully make orders to carry out his constitutionally imposed powers and duties, and powers bestowed by statutes which are constitutional; and he may address “housekeeping” issues within the Executive Branch.

2.   But a President may not lawfully, by means of “orders”, exercise powers not delegated to him by the Constitution or by (constitutional) Acts of Congress.

Yet Obama has issued various executive orders which are unlawful because they are not authorized by the Constitution or by (constitutional) Acts of Congress. Here are two executive orders which are particularly pernicious because they undermine our foundational Principle of “Federalism”, and have as their object the “improper consolidation of the States into one … republic.”: ¹⁰

E.O.13575 – Establishment of the White House Rural Council: This E.O. provides for over 25 federal departments & agencies to run every aspect of rural life!

E.O. Establishing Council of Governors: The effect of this E.O. is to erase the Independence and Sovereignty of the States and consolidate us into a national system under the boot of the Executive Branch.

Joseph Stalin couldn’t do better than this.  These E.O.s are blatantly unconstitutional as usurpations of powers not granted in The Constitution!  So,  Nullify them!

3.   Likewise, executive agencies may not, by means of “administrative rulemaking”, usurp the powers of Congress. (Remember, because of Art. I, Sec.1, all rulemaking by executive agencies is unconstitutional)!

Here are several cases of such unconstitutional rulemaking:

a)  When Congress refused to pass the DREAM ACT, which provided a path to citizenship for certain categories of illegal aliens, ICE had no authority to implement it, in whole or in part, by executive “memo”!  Power over Rules of Naturalization (i.e., who qualifies for citizenship and what are the procedures) are expressly granted to Congress by Article I, Sec. 8, cl. 4, which grants to Congress alone the Power “To establish an uniform Rule of Naturalization”.

The President has no constitutional power over immigration & naturalization except to enforce the Acts of Congress respecting those subjects.  Article II, Sec. 3, which imposes upon the President the duty to “take care that the Laws be faithfully executed”, requires the President to enforce such constitutional Acts of Congress.

But if Congress refuses to make a law respecting naturalization, a President who enacts it anyway,  via “executive order”, or “administrative regulation”, or “administrative memo” by his underlings in the various executive agencies, is acting lawlessly.  His unlawful acts should be nullified, and he should be removed from office for his usurpation.

b) Congress recently did not pass three sinister and grotesquely unconstitutional bills Obama wanted: “Card check“, “Cap and Trade“, and the Disclose Act.  These bills are unconstitutional as outside the scope of the legislative powers granted by our Constitution to Congress. Nowhere does our Constitution give Congress authority to make laws about labor unions (“card check”), or to regulate carbon emissions – CO², the stuff humans and animals exhale, and plants & trees need for photosynthesis (“cap and trade”), or requiring people with federal contracts to report their personal political activities to the Executive Branch (“Disclose Act”)!

Since Congress may not lawfully make laws on such subjects, no one can. Yet, Obama is circumventing the Constitution and implementing these three failed & unconstitutional bills by agency rulemaking or executive order!:

The National Labor Relations Board, is implementing “card check” by agency regulation.  Read this.

The Environmental Protection Agency is implementing “cap and trade” by agency regulation. Read this.

And it appears that Obama – in furtherance of his “agenda” to reward his supporters and punish non-supporters – is considering signing an executive order implement the Disclose Act. Read this.

So! Let us sum this up:  The President must always uphold our Constitution. When Congress makes an unconstitutional law, the President must refuse to implement it; and he may, by means of executive orders, instruct people in the Executive Branch not to comply.  E.g., if a President orders the U.S. Attorneys to decline to prosecute persons for possession of sawed-off shotguns, he would be acting lawfully because Congress has no authority to ban them. But the President is violating the Constitution when he implements “card check” by agency rules made by the NLRB; when he implements “cap & trade” by agency rules made by the EPA; and the “Disclose Act” by executive order, because the President and executive agencies (as well as Congress) do not have authority over these objects; and further, no one in the Executive Branch has authority to make “laws”!

What Should we do about illegal Executive Orders & Rules made by Executive Agencies?

A Congress filled with he-men and she-women, instead of ignorant cowards, wusses, and wimps, would impeach obama for his usurpations in signing unconstitutional executive orders, and in circumventing Congress by having executive agencies implement, by means of administrative rules, legislation which Congress did not pass.  In Federalist Paper No. 66 (2nd para), Hamilton expressly states that impeachment is an essential check on a President who encroaches on the powers of Congress; and in Federalist No. 77 (last para), points out that impeachment is the remedy for “abuse of the executive authority”.

But since the people in Congress are too ignorant and weak to rid us of the abomination in the White House, the States and Counties must nullify unconstitutional executive orders and administrative rules, or submit to slavery and the destruction of our Constitutional Republic. Since State and County officials have taken the Oath to support the U.S. Constitution (Art. VI, last cl.), they are bound by Oath to refuse to submit to illegal executive orders and illegal agency rules.

And of course, WE THE PEOPLE and our businesses must also spit on such illegalities by the Executive Branch. Our “creature” (Federalist No. 33, 5th para, Hamilton), has turned into Frankenstein, and has lost all legitimacy. PH

Endnotes:

¹  In Federalist No. 45 (9th para), James Madison, Father of Our Constitution, says,

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. [boldface added]

²  In Federalist No. 48, Madison points out that in our representative republic,

…the executive magistracy is carefully limited; both in the extent and the duration of its power… (5th para) [i.e., limited & enumerated powers and 4 year terms]

…the executive power being restrained within a narrower compass [than that granted to the legislative branch], and being more simple in its nature… (6th para)

In Federalist No. 75 (3rd para), Hamilton says,

…The essence of the legislative authority is to enact laws, or, in other words, to prescribe rules for the regulation of the society; while the execution of the laws, and the employment of the common strength, either for this purpose or for the common defense, seem to comprise all the functions of the executive magistrate… [boldface added]

In Federalist No. 78 (6th para), Hamilton says,

…The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules … The judiciary … has no influence over … the sword or the purse …and …must ultimately depend upon the aid of the executive arm … for the efficacy of its judgments. [boldface added].

Read the list of the President’s enumerated powers!  The President’s powers really are “confined” and “carefully limited” to carrying out laws made by Congress and enforcing certain judicial decisions, military defense (a power shared with Congress), appointing officials (subject to Congress’ approval), and entertaining foreign dignitaries. That’s it!

³ Only Congress has the power to declare war (Art. I, Sec. 8, cl. 11)!  See clauses 12-16 showing that Congress has the power to determine the funding for the military, and to make the Rules for the discipline & training of the military and the Militia.

⁴ Re “Offenses against the United States”: I explain here the criminal laws Our Constitution permits Congress to make.  It’s a short list.  Take note, you federal criminal defense lawyers.

⁵ I explain the treaty making power of the United States in two papers here

⁶ During the Terri Schiavo case, Alan Keyes spoke on the radio about the constitutional powers of the President.  I seem to recall that Dr. Keyes spoke of the President’s obligation to exercise his “independent judgment” as to whether an act of Congress or a federal court opinion is constitutional. Whatever he said, he opened my eyes, and enabled me to see the elegant beauty of our Constitution.

⁷  Hamilton also says in Federalist No. 33 (6^th para)

…it will not follow…that acts of …[the federal government] which are NOT PURSUANT to its constitutional powers, but which are invasions of the residuary authorities of … [the States], will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such… [T]he clause which declares the supremacy of the laws of the Union [Art. VI, cl. 2]…EXPRESSLY confines this supremacy to laws made PURSUANT TO THE CONSTITUTION … [caps are Hamilton's, boldface mine]

⁸ Madison says in Federalist No. 44 (last para before 2.):

…the success of the usurpation [by Congress] will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; … [boldface added]

The President must not collude with the executive or judicial branches to usurp power over The People!

⁹ Most of the existing “federal” executive agencies are unconstitutional.  They meddle in matters which are not the business of the federal government, as power over the matters is not granted by our Constitution to the federal government.  Here are a few of the unconstitutional federal agencies: the Departments of Agriculture, Labor, Health and Human Services, Housing and Urban Development, Energy, Education, Transportation, and Homeland Security.  Likewise for the Environmental Protection Agency, the Federal Communications Commission, the Office of Science and Technology Policy, the Office of National Drug Control Policy,  the National Economic Council, the Small Business Administration, the Council on Environmental Quality, etc., etc., etc.

¹⁰  Progressives have erased the concept of “federalism” from our minds. “Federalism” refers to the form of our government & the division of powers between the national government and the States. A “Federation” (which is what our Constitution creates) is an alliance of independent States associated together in a “confederation” with a national government to which is delegated authority over the States in specifically defined areas ONLY (i.e., the enumerated powers granted to Congress by our Constitution).  Those enumerated powers are the only areas wherein the national government is to have authority over the States.  In all other matters, the States have supremacy, are independent, and sovereign!  Learn more of “federalism” here and here.

Our Framers warned against the consolidation of the sovereign States into one national sovereignty:   In Federalist No. 32 (2nd para), Hamilton writes,

An entire consolidation of the States into one complete national sovereignty would imply an entire subordination of the parts; and whatever powers might remain in them, would be altogether dependent on the general will. But as the plan of the convention [the Constitution] aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, EXCLUSIVELY delegated to the United States…. [caps are Hamilton's; boldface mine]

Federalist No. 62 (5th para) says,

… the equal vote allowed to each State is at once a constitutional recognition of the portion of sovereignty remaining in the individual States, and an instrument for preserving that residuary sovereignty.  So far the equality ought to be no less acceptable to the large than to the small States; since they are not less solicitous to guard, by every possible expedient, against an improper consolidation of the States into one simple republic. [boldface mine]

And in Federalist No. 39  (6th para), Madison says,

“But it was not sufficient,” say the adversaries of the proposed Constitution, “for the convention to adhere to the republican form. They ought, with equal care, to have preserved the FEDERAL form, which regards the Union as a CONFEDERACY of sovereign states; instead of which, they have framed a NATIONAL government, which regards the Union as a CONSOLIDATION of the States.” And it is asked by what authority this bold and radical innovation was undertaken? The handle which has been made of this objection requires that it should be examined with some precision….[caps are Madison's]

Madison then gives a brilliant exposition of the “national” and “federal” aspects of Our Constitution.  More than any other Paper, No. 39 addresses the primary political problem of our Time:  The  destruction of “federalism” by eradicating all vestiges of sovereign & independent States.

We are a trusting People easily lead astray.  Make something sound “patriotic”, and we are all for it.  Since 1892, American public school children have been indoctrinated with the statist Lie that ours is an indivisible national government.  This was done by means of the Pledge of Allegiance:  “….one nation … indivisible…”.  Is it any wonder that the author of this nasty bit of poison, Francis Bellamy, was a socialist who worked with the National Education Association to institute this statist indoctrination into the public schools?  This pernicious pledge is why you don’t know, and no one knows, that our Constitution created a “federation” of sovereign & independent States, united only for the limited purposes enumerated in the Constitution. Wikipedia has good info on Bellamy. PH

August 30, 2011

Fiscal Responsibilities of We The People, by Steven James Frasure

 

It is We The People, that from the birth of this nation that have been the building blocks and the very foundation of our own government. We The People, elect representatives of ourselves to administer laws that are written and enacted for the betterment of us. We The People are the Government, and we, for a short time, are administers to the writ of law that control this land. Our Founding Fathers gave us The United States Constitution as a rule and guide to preserve and direct this nation while we are the custodians. It is our job to maintain and control all aspects and welfare of this country until it becomes necessary to pass the baton of leadership and control to the next generation of caretakers.

The President in accordance with his duties and responsibilities has notified We The People of the dangerous financial peril that our country is in. Further more the President has stated that this Country, this once great Nation, now poises on the brink of financial ruin.

We The People do hereby and hereon give notice that due to the announcement given us from the President do hereby administer the following financial and necessary cuts;
From this day forward, The President and Vice President, elected by We The People, shall have their salary’s cut to reflect a two (2 ) day work week.
All other benefits will be terminated at this time. Insurance coverage for the above offices will remain in affect but any extra insurance for other family coverage will have to be paid as out of pocket expenses by the President and Vice President. There shall be no more vacations, out of country travels, parties and or functions held at the White House. Activities that require monies used from We The People are no longer authorized and all expenditures must be stopped.
All staff hired by the President, Vice President and the rest of the Cabinet and or administrators are hereby terminated. The President, and the rest of the cabinet are not royalty and work for we the people. They, being the President, Vice President and the rest of the cabinet and or administrators are capable of, cooking, cleaning, bathing, dressing and performing the basic functions of life and are hereby notified of such. From this day forward no such function and or aid will be paid by We The People.

The President himself outlined the need for shared sacrifice and has stated numerous times lately, that we must all share in the burden of what has happened to our country. The President will therefore along with all other parties, do his fair share and take all necessary cuts just as We The People have done.

All Cabinet members are hereby laid off and shall be called back to work only in the event of an emergency or when said catastrophic peril against this countries financial system is no longer evident. No benefits will be paid for, or to the Cabinet members or administrators.

The Secret Service that administers protection for the President and or Vice President shall remain on duty to perform all said functions. All necessary precautions shall not be infringed upon but all extra activities outside of the grounds of the White House are hereby terminated and will not be paid for.

We The People also at this time wish to administer pay cuts to the United State Senate and the House of Representatives to reflect a two (2) day work week. All Czars and Czar post created by past Presidents and the current President are hereby terminated immediately, their service is no longer affordable nor necessary. No unemployment benefits or any other compensation will be paid and it will be necessary for those that held the office of Czar, to return to their civilian jobs.

All benefits paid to the Senators and House of Representatives are hereby terminated and We The People will no longer provide housing, any and all meals, snacks, drinks of any kind, cars, jets, free taxi rides, chauffeured limousines, exercise equipment, nor the use of exercise facilities or any other non governmental facility. Any and all other functions outside of the government work necessary to be performed by said individuals shall not be allowed and will not be paid for. Any and all permanent and or part time retirement benefits and insurances which have been paid for by We The People are hereby null and void and terminated. Any and all equipment, furniture, houses, cars, airplanes and or anything bought and paid for by We The People is therefore demanded to be returned, sold and monies placed back into the accounts of We The People.

We The People at this time will not allow military cuts or interventions of pay to any military personal. The use of the military is a necessity to safety and welfare of this country. If therefore you, Mr. President, deem it necessary to state that pay might be withheld from said personal, it becomes the responsibility of We The People, to demand that said military personal be brought back into the boundaries of United States of America. We will not allow you, Mr. President, an elected representative of We The People, to manipulate the monies of those that protect this country. You are hereby notified of our disapproval of such maneuvers and any use of threats of non payment to the military will not be tolerated.

Mr. President, you have also stated that you might not send social security payments out to those that are entitled because our country does not have the funds to pay those benefits. If, Mr. President that is the case, and there are no monies available to pay any and all Social Security payments. Then you Mr. President and all past Presidents presently living should be charged with theft in office and or embezzlement or some other form of maleficence. That money, labeled as social security, is monies paid by and deducted from pay checks of We The People. Those monies were supposed to have been held in a separate account up to and for said persons that would and could retire and collect what they had paid into said account. It is therefore necessary that you clarify your statements on Social Security payments before We The People, ask for charges to be filed against all persons that have been responsible for the theft of said monies if in fact such a theft has taken place.

You, Mr. President, Vice President, Cabinet members, all staff members, White House employees, Senators and Representatives are hereby notified and thank you for sharing in this sacrifice.

Source: Steven James Frasure