Declared State of Emergency in USA since 1933?

[PatrickHenry]

Is it true that the United States has been in a declared state of emergency since 1933? If you run a search on your own, you are likely to come up with something like this: or run your own search for Senate Report 93-549

http://www.barefootsworld.net/war_ep1.html
Please do your own research before responding.

If the Congress gave carte blanche to the Executive branch in 1933 and has never resumed the normal, stated functioning of our government, what constitutional freedoms do we actually have? Are violations of the bill of rights all we can truly expect of a whitewashed dictatorship? Try mentioning this to your Federal representatives and see how they respond, if at all.

If our constitution has been superseded are we the people not entitled to an accounting from those who would tax us? I believe that the legitimacy of government rests on the consent of those who are governed...

[gr8fuldaniel]

Originally posted by PatrickHenry, If the Congress gave carte blanche to the Executive branch in 1933 and has never resumed the normal, stated functioning of our government, what constitutional freedoms do we actually have?

Not much and we are losing what little we have left. In the name of war. The reason our constitution was never reinstated, was because we have been in a state of war ever since. Im sure thats their justification, how legit it is is another question.

Are violations of the bill of rights all we can truly expect of a whitewashed dictatorship?

No, Im afraid we can expect a lot worse. The right to vote is in serious jeopardy right now. When that happens, Hello Big Brother, it will no longer be about representation, but the Fatherland and empire.

If our constitution has been superseded are we the people not entitled to an accounting from those who would tax us?

Thats probably the dynamic that will turn it all around. When we hold them accountable and demand that heads roll for gross injustices. The things they do in our name, will damn them.

I believe that the legitimacy of government rests on the consent of those who are governed...

Amen. So we gotta let them know we do not co-sign their atrocities of gluttony and barbaric lust for empire and treasure. Is that who we are?

[gr8fuldaniel]

By executive order a man who doesnt read, can commandeer everything in the country. I thought they were kidding when they said "Anyone can be President"

Federal Register These are the Exec orders signed by FDR aloneThese are all links on the web site 1933 – E.O. 6071 - E.O. 6545 (573 Executive orders signed) 1934 – E.O. 6546 - E.O. 6935 (474 Executive orders signed) 1935 – E.O. 6936 - E.O. 7261 (394 Executive orders signed) 1936 – E.O. 7262 - E.O. 7531 (274 Executive orders signed) 1937 – E.O. 7532 - E.O. 7784 (253 Executive orders signed) 1938 – E.O. 7784-A - E.O. 8030 (247 Executive orders signed) 1939 – E.O. 8031 - E.O. 8316 (287 Executive orders signed) 1940 – E.O. 8317 - E.O. 8624 (309 Executive orders signed) 1941 – E.O. 8625 - E.O. 9005 (383 Executive orders signed) 1942 – E.O. 9006 - E.O. 9292 (289 Executive orders signed) 1943 – E.O. 9293 - E.O. 9412 (122 Executive orders signed) 1944 – E.O. 9413 - E.O. 9508 (100 Executive orders signed) 1945 – E.O. 9509 - E.O. 9537 (29 Executive orders signed) ------------------------------------------------------------------------------ 3,728 Total Executive Orders Issued

Unknown News De facto dictatorship USA by Leon Fisher, Unknown News Aug. 17, 2004 Powerful interests from within and without have collectively, and over time, by means of bribery, intimidation, blackmail, and assassination, usurped the Constitutionally-mandated government of the United States. We are now living in a de facto dictatorship.

[Dieval]

Originally posted by PatrickHenry, Is it true that the United States has been in a declared state of emergency since 1933? If you run a search on your own, you are likely to come up with something like this: or run your own search for Senate Report 93-549

Well, I believe you might be a tad bit off on this one....
According to CRS Report for Congress - Received through the CRS Web - National Emergency Powers - Updated September 18, 2001 - (This was passed in 1976, I believe) -

Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President’s declaration and the activated authority being sought.

They've since updated the way the President can enact powers for a state of emergency and set limits to how long those powers can last. They have also set the 1933, 1950, 1970 & 1971 national emergency proclamations to a dormant state, requiring a new declaration to activate them again.

For example -

As enacted, the National Emergencies Act consisted of five titles. The first of these generally returned all standby statutory delegations of emergency power, activated by an outstanding declaration of national emergency, to a dormant state two years after the statute’s approval. However, the act did not cancel the 1933, 1950, 1970, and 1971 national emergency proclamations because these were issued by the President pursuant to his Article II constitutional authority. Nevertheless, it did render them ineffective by returning to dormancy the statutory authorities they had activated, thereby necessitating a new declaration to activate standby statutory emergency authorities. Title II provided a procedure for future declarations of national emergency by the President and prescribed arrangements for their congressional regulation. The statute established an exclusive means for declaring a national emergency. Furthermore, emergency declarations were to terminate automatically after one year unless formally continued for another year by the President, but could be terminated earlier by either the President or Congress. Originally, the prescribed method for congressional termination of a declared national emergency was a concurrent resolution adopted by both houses of Congress. This type of so-called “legislative veto” was effectively invalidated by the Supreme Court in 1983.58 The National Emergencies Act was amended in 1985 to substitute a joint resolution as the vehicle for rescinding a national emergency declaration.

[gr8fuldaniel]

Dieval, looks like you are right. Took me a while to find it, Page 15 at the top of page. Thats a relief.
That doesnt mean there is no potential for serious danger. Look at this:

Recipe for TreasonOriginally created in 1962 by President John F. Kennedy, this particular collection of executive orders allows a total subjugation of the fundamental freedoms that Americans often take for granted. The first of the Kennedy-issued executive orders (E.O. 10995) allows the president to take control of all media, as long as a national emergency exists. Included as media are radio, television and, conceivably, telephone and Internet outlets.3 Other executive orders from this cluster (E.O. 10997, 10990, 11003 and 11005) allow the seizure of all facilities that produce energy, including electricity, gasoline, and solid fuels.4 All means of transportation, both public and private, including ground and air transportation, could be completely controlled by the executive branch as well.5 Another declares that our food resources could be taken over by the executive branch (E.O. 10998). This includes all agriculture, distribution, and retail facilities.6 Furthermore, reminiscent of the Japanese internment under E.O.9066, other executive orders allow for the involuntary registration and relocation of U.S. citizens into labor groups under government surveillance (E.O. 11000, 11002, 11004). The order also grants the executive branch authority to take over labor, services, and manpower resources.7 Under E.O. 11921, the government is empowered to take over health, education, welfare, mechanisms of production and distribution, energy sources, wages, salaries, credit and the flow of money. There is very little of the economy and private life which hasn't been included under these orders. A common but erroneous belief is that the above executive orders have either expired or been rescinded. We shall see in the next section that this is not true.

<snip>-----------------------------------------------------------
Wait a minute, looky here, skip a couple of paragraphs:

This act expressly excluded domestic transactions; that is, those being conducted by American citizens. The amended 1933 version effectively reclassified U.S. citizens within the "enemy" category. At this point, U.S. citizens were made enemies of the federal government. In 1971 Congress was astonished to discover that our nation had been in a continuous state of national emergency since Roosevelt's proclamations of 1933. Additionally, still binding were the emergencies proclaimed by Truman in 1950 and Nixon in 1970. This revelation caused the Senate to issue a committee report in 1973, which disclosed that the 1933 War and Emergency Powers Act had engendered 470 provisions of federal law with various emergency powers and related provisions. In 1976 Congress passed the National Emergencies Act , which terminated any existing declarations of national emergency effective September 14, 1978.11 Nevertheless, the 1976 Act did not affect the 1933 Act in any manner. Moreover, it did not stop subsequent presidents from declaring states of emergency.

Could this be because it wasnt an Exec Order per se, but an amendment to the Trading with the Enemy Act? I am going to post what I have so far and do a little more research. Wheres PH when I need him?

[Compugasm]

Kennedy-issued executive orders .... Internet outlets

Internet? Internet to what? Kennedy died 6 years before the start of the internet.

[gr8fuldaniel]

Originally posted by Compugasm, Internet? Internet to what? Kennedy died 6 years before the start of the internet.

The author was interpreting the law, with injection concievably

conceivably, telephone and Internet outlets

[Dieval]

Originally posted by gr8fuldaniel,+--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (gr8fuldaniel,)</td></tr><tr><td id='QUOTE'>Dieval, looks like you are right. Took me a while to find it, Page 15 at the top of page. Thats a relief. That doesnt mean there is no potential for serious danger. Look at this: Recipe for TreasonOriginally created in 1962 by President John F. Kennedy, this particular collection of executive orders allows a total subjugation of the fundamental freedoms that Americans often take for granted. The first of the Kennedy-issued executive orders (E.O. 10995) allows the president to take control of all media, as long as a national emergency exists.  Included as media are radio, television and, conceivably, telephone and Internet outlets.3  Other executive orders from this cluster (E.O. 10997, 10990, 11003 and 11005) allow the seizure of all facilities that produce energy, including electricity, gasoline, and solid fuels.4  All means of transportation, both public and private, including ground and air transportation, could be completely controlled by the executive branch as well.5  Another declares that our food resources could be taken over by the executive branch (E.O. 10998).  This includes all agriculture, distribution, and retail facilities.6    Furthermore, reminiscent of the Japanese internment under E.O.9066, other executive orders allow for the involuntary registration and relocation of U.S. citizens into labor groups under government surveillance (E.O. 11000, 11002, 11004).  The order also grants the executive branch authority to take over labor, services, and manpower resources.7    Under E.O. 11921, the government is empowered to take over health, education, welfare, mechanisms of production and distribution, energy sources, wages, salaries, credit and the flow of money.  There is very little of the economy and private life which hasn't been included under these orders.  A common but erroneous belief is that the above executive orders have either expired or been rescinded.  We shall see in the next section that this is not true. [/b]

The President can also declare martial law if needed...I'm not seeing that issue..
<!--QuoteBegin-gr8fuldaniel,
<snip>-----------------------------------------------------------
Wait a minute, looky here, skip a couple of paragraphs:....

In 1976 Congress passed the National Emergencies Act , which terminated any existing declarations of national emergency effective September 14, 1978.11  Nevertheless the 1976 Act did not affect the 1933 Act in any manner.

[/quote]
Quoted from my link -

However, the act did not cancel the 1933, 1950, 1970, and 1971 national emergency proclamations because these were issued by the President pursuant to his Article II constitutional authority. Nevertheless, it did render them ineffective by returning to dormancy the statutory authorities they had activated, thereby necessitating a new declaration to activate standby statutory emergency authorities.

They are still there, but dormant and would require a new declaration to activate them...I'd say that affects the 1933 act in some manner..wouldn't you?

[PatrickHenry]

Thanks guys, for noticing this topic and initiating a dialog here. I thought this would never receive a response, since it was the first topic I ever started(the day I joined volconvo), which had not gotten any feedback until today. So, my sincere thanks for taking note of the thread and responding thoughtfully.

Question: why render a proclamation "dormant" and not rescind it entirely?

[Compugasm]

PH, if it makes you feel any better. I did notice this lonesome topic a week ago. I was [BUMP]ing alot of older topics, but was asked to stop doing that.

[PatrickHenry]

Older topics can be good, especially if you have an opinion or some new information to add. I have "gone mining" in the old files before and found a lot of gems.

Re: the "internet" and EOs. EOs remain as laws and may be interpreted in an updated context relating to new technology. But you were probably just kidding around if I know you Compugasm.

[gr8fuldaniel]

Originally posted by Dieval, The President can also declare martial law if needed...I'm not seeing that issue..

From Wiki: Martial Law In United States law, martial law is limited by several court decisions handed down during the American Civil War and World War 2. In Ex Parte Milligan 71 US 2 1866, the United States Supreme Court held that martial law could not be instituted within the United States when its civilian courts are in operation.

The day they close the civil courts do they open the prison camps?

The War and Emergency Powers Act is an unconstitutional act on the part of our government, created so that presidents can bypass Congress, and do whatever they choose."[2] "It also makes it possible to do away with posse comitatus in cases of 'emergency'. Posse comitatus is what protects American citizens from the military being used against them."[3]

War Powers Act "Be careful of that pretty little flag with the gold trim that sits on a pedestal in your courtrooms. That is an Admiralty flag (an ensign, a military flag) flown on the open seas, not the American flag ... The US Constitution allowed for three types of laws, Common Law ('We the People'), Contract Law governing contracts and agreements, and Maritime Law that is to be used on the open seas to govern our Naval forces while out there since the ships are not on our land. Only in times of war can Maritime Law govern on land. This is proclaimed by the president. This flag changes your status from Sovereign (God's Law) to subject (the Kings Law)."[13]

Gary North writes: "In 1933, Congressman James M. 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." North says that what Congressman Beck was saying is "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."

Beck 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." North asks "What bill is Congressman Beck talking about?" Beck is referring to the 1933 "Farm Bill", which was passed by the House of Representatives "by a vote of more than three to one." North points out that, "again, we see the doctrine of emergency. Once an emergency is declared, there is no Constitution

So we are talking about a bill passed by Congress, not an Executive Order by the President. Which would negate the sunset on Exec. Order.... No?

... In 1973, in the Emergency Powers Statutes (Senate Report 93-549), the first sentence reads: "Since March the 9th, 1933, the United States has been in a state of declared national emergency." North emphasizes that the "Farm Bill" says "that if a national emergency is declared, there is no Constitution." This is further emphasized by the above Emergency Powers Statutes' statement -- "Since March the 9th of 1933, the United States has been," in fact, "in a state of declared national emergency." The middle language of the Emergency Powers Statutes states: "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." North adds that "this situation has continued uninterrupted since March the 9th of 1933. . . ." --------------------------------------------------------------------------------"A majority of people of the United States have lived all of their lives under emergency rule. 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..." Senate Report 93-549 (Introduction) 1973. --------------------------------------------------------------------------------"The President may: Seize property, organize commodities, assign military forces abroad, institute Martial Law, seize and control and transportation and communication, regulate operation of private enterprise, restrict travel, and in a plethora of particular ways, control the lives of all American citizens". Senate Report 93-549; Senate Resolution 9, 93d Congress, 1st. Session (III) 1973. See: Chapter 1, Title 1, Section 48, Statute 1, March 9, 1933; Proclamation 2038; Title 12 U.S.C 95(b). Also see Executive Orders. --------------------------------------------------------------------------------Currently, the United States remains in a permanent state of national emergency (22 U.S.C.A. 286d. 1977). Executive Order 12919[4] dated June 3, 1994, otherwise known as National Defense Industrial Resources Preparedness[5][6], was signed by President William Jefferson Clinton. On October 29, 2003, President George W. Bush continued the National Emergencies Act (50 U.S.C. 1622(d)) regarding Weapons of mass destruction for 1 year, with the "national emergency declared in Executive Order 12938, as amended."[7] --------------------------------------------------------------------------------"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 emergency" and a "state of war". Brown v. Bernstein, D.C.Pa., 49 F.Supp. 728, 732."[8]--------------------------------------------------------------------------------

[gr8fuldaniel]

Originally posted by Me, So we are talking about a bill passed by Congress, not an Executive Order by the President. Which would negate the sunset on Exec. Order.... No?

No edit button. I wanted to change it to:
So we are talking about a bill passed by the House of Representatives, not an Executive Order by the President. Which would invalidate the argument for sunset on Executive Orders.... Correct?


A Legal Examination of Senate Report 93-549

[Dieval]

Originally posted by gr8fuldaniel,+--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (gr8fuldaniel,)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-Dieval, The President can also declare martial law if needed...I'm not seeing that issue..

From Wiki: Martial Law In United States law, martial law is limited by several court decisions handed down during the American Civil War and World War 2. In Ex Parte Milligan 71 US 2 1866, the United States Supreme Court held that martial law could not be instituted within the United States when its civilian courts are in operation.

The day they close the civil courts do they open the prison camps?
[/b][/quote]
Maybe I'm reading this wrong, but the in the link I postd above, it states -

National Emergency Powers Federal law provides a variety of powers for the President to use in response to crisis, exigency, or emergency circumstances threatening the nation. Moreover, they are not limited to military or war situations. Some of these authorities, deriving from the Constitution or statutory law, are continuously available to the President with little or no qualification. Others—statutory delegations from Congress—exist on a standby basis and remain dormant until the President formally declares a national emergency. These delegations or grants of power authorize the President to meet the problems of governing effectively in times of crisis. Under the powers delegated by such 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 variety of ways, control the lives of United States citizens. Furthermore, Congress may modify, rescind, or render dormant such delegated emergency authority.

As for the rest of your postings, I'm not sure what you're trying to get at as just about everything you listed took place before NEP was passed...

[gr8fuldaniel]

A) I have no quarrel about martial law, do you?
B)...

Originally posted by Dieval, As for the rest of your postings, I'm not sure what you're trying to get at as just about everything you listed took place before NEP was passed...

Every president since 1933 has declared a state of National Emergency, thereby reenacting the statute.

[Dieval]

Originally posted by gr8fuldaniel,+--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (gr8fuldaniel,)</td></tr><tr><td id='QUOTE'>A) I have no quarrel about martial law, do you? B)... <!--QuoteBegin-Dieval, As for the rest of your postings, I'm not sure what you're trying to get at as just about everything you listed took place before NEP was passed...

Every president since 1933 has declared a state of National Emergency, thereby reenacting the statute.[/b][/quote]
Hmmm..It's sounds to me, after reading more from the link I posted, like there have been on 4 times a NE has been declared -

"With the convening of the 93rd Congress in 1973, the special committee was approved again with S.Res. 9. Upon exploring the subject matter of national emergency powers, however, the mission of the special committee became more burdensome. There was not just one proclamation of national emergency in effect, but four such instruments, issued in 1933, 1950, 1970, and 1971. The United States was in a condition of national emergency four times over, and with each proclamation, the whole collection of statutorily delegated emergency powers was activated. Consequently, in 1974, with S.Res. 242, the study panel was rechartered as the Special Committee on National Emergencies and Delegated Emergency Powers to reflect its focus upon matters larger than the 1950 emergency proclamation. Its final mandate was provided by S.Res. 10 in the 94th Congress, although its termination date was necessarily extended briefly in 1976 by S.Res. 370. Senator Church and Senator Mathias co-chaired the panel.46

And then they were redered Dormant in 1976, I believe....so again, what are you trying to get at?

[PatrickHenry]

Bush II also declared a state of emergency on September 14, 2001: http://www.whitehouse.gov/news/releases/20...20010914-4.html

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, I hereby declare that the national emergency has existed since September 11, 2001, and, pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize the following statutes: sections 123, 123a, 527, 2201©, 12006, and 12302 of title 10, United States Code, and sections 331, 359, and 367 of title 14, United States Code.

[Dieval]

Originally posted by Dieval,+--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Dieval,)</td></tr><tr><td id='QUOTE'>Hmmm..It's sounds to me, after reading more from the link I posted, like there have been on 4 times a NE has been declared -[/b]

<!--QuoteBegin-PatrickHenry,
Bush II also declared a state of emergency on September 14, 2001: http://www.whitehouse.gov/news/releases/20...20010914-4.html
[/quote]
Alright, 5 times. That still seems far from " Every president since 1933"...

[gr8fuldaniel]