One Stroke of the Pen Away

One Stroke of the Pen Away

By

S A Campbell

Many Americans are probably unaware of how close this country is to the ‘progressives’ finishing their destruction of the Constitution and establishing total government control. And doing this with apparent legal authority. The ability to do this is already in place and simply awaiting a Presidential assent. Considering the flagrant disregard for the Constitution and the rights of the citizens under the Constitution the current cast of politicians would probably have little disdain in executing such a move. Congressman Phil Hare (D. IL) clearly stated; he didn’t care about the Constitution[1] and this elicited no rebuke by any Democrat; one must be concerned about their mindset as a whole towards the Constitution. This, along with President Obama’s known disdain for the restrictions the Constitution places on his power[2] shows that respect for the Constitution is severely lacking among the elected officials.

With this apparent disregard for our Constitution coupled with the growing drive to remove the Congressmen that voted for the latest progressive plan (i.e. universal health care) and potentially end their control of both Houses of Congress one might be wise to worry about what they might do to remain in control. Their move to remain in power and also destroy the Constitution would not be that hard to accomplish. It would simply require the stroke of a Presidential pen; a Presidential declaration and the Constitution and our rights would be gone. Be worried, the parts are there have been for sometime, they’re just waiting for the go order.

Executive Orders

Many of the means for a complete government take-over; i.e. a Coup de tait, was initially created during the Cold War. They were a planned response or reaction to a nuclear exchange between the Soviet Union and the United States. These plans involved the government moving to ensure that they could move troops as needed and ensure the continual operation of the economy and the federal government. These plans were created by Presidential orders.

Presidential orders or more correctly, executive orders, is a power that President’s have utilized since 1789 when George Washington issued the first; he required all heads of departments to make a “clear account” of matters in their departments[3]. Between then and 1991 there has been over 15,000 issued[4]; the orders have been used to regulate the civil service, to determine holidays for federal workers, to recognize federal employee unions, to institute security programs, and to classify government documents as top secret or secret. They have been used to designate public lands as Indian reservations and for environmental protection. They are also used to organize federal disaster assistance efforts. Since President Eisenhower presidents have used executive orders at the beginning of their administration to organize the intelligence agencies and to set up other aspects of White House operations[5].

The justification for the use of executive orders is based on Article II, Section 3 of the U.S. Constitution, which contains the phrase "he [the President of the United States] shall take Care that the Laws be faithfully executed." But this power has been corrupted over time; executive orders, while not passed by Congress have the same power as a Federal law. In fact, Federal Courts will enforce such orders as if they are Federal Law. The main constraint on executive orders is that they are not allowed to conflict with existing Federal law. Also an executive order can be nullified, or canceled, if the Supreme Court or lower federal courts find that it is unconstitutional.[6]

While most of the executive orders that have been issued pose no threat towards our liberties there are some that now exist that are a grave danger and if implemented could render the Constitution and our Republic null and void.


The Dirty Dozen

As was said most of these Executive Orders were originally drafted as preparation for handling or responding to a thermonuclear attack launched against this country. Their originally intent was to ensure the continuity of the federal government and the nation’s economy. Most of these orders date back to the Kennedy administration but they are still in effect and have been expanded and added to.

There are 12 executive orders that form the core of executive orders that a President could use to implement a take over of this country. These are executive orders 10995, 10997-11005, 11051 and 11490[7]. These executive orders are orders to different department heads to prepare plans to be used in case of a national emergency, including attack upon the United States[8].

In brief the different orders were directed at and meant to;

Executive Order 10995 -- ASSIGNING TELECOMMUNICATIONS MANAGEMENT FUNCTIONS

Executive Order 10997 -- ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF THE INTERIOR

Executive Order 10998 -- ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF AGRICULTURE

Executive Order 10999 -- ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF COMMERCE

Executive Order 11000 -- ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF LABOR

Executive Order 11001 -- ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE

Executive Order 11002 -- ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE POSTMASTER GENERAL

Executive Order 11003 -- ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE ADMINISTRATOR OF THE FEDERAL AVIATION AGENCY

Executive Order 11004 -- ASSIGNING CERTAIN EMERGENCY PREPAREDNESS FUNCTIONS TO THE HOUSING AND HOME FINANCE ADMINISTRATOR

Executive Order 11005 -- ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE INTERSTATE COMMERCE COMMISSION

Executive Order 11051 -- PRESCRIBING RESPONSIBILITIES OF THE OFFICE OF EMERGENCY PLANNING IN THE EXECUTIVE OFFICE OF THE PRESIDENT

Now in and of themselves one could say that this was just wise plans in case of a national disaster, such as a massive nuclear strike against the United States but as the saying goes, the devil is in the details. One example can be found in executive order 11051, where the director of Emergency Planning shall:

…develop an overall emergency system for reaching central program decisions for the utilization of resources on the basis that he will have the responsibility for making such central decisions in the initial period of an emergency. This system shall include uniform criteria and procedures for:

(a) The development by each Federal agency of the amounts and types of resources which it must claim in order to meet the requirements of its planned programs;

(b) The central consideration of the supply-requirements evaluations of planned programs;

(c) The central determination of major resource utilization programs under varied conditions of national emergency on a relative urgency basis and central direction for the adjustment of agency programs consistent with such determinations; and

(d) The decentralization of controls if required by emergency conditions.[9]

So there exists somewhere within the government plans on its determined needs of different areas of the economy, primarily military needs, and plans to handle supply needs from a centralized location. Similar plans exist within other key departments; plans for the government to assume or ensure the continued operation of these operations. These plans, as the above list shows, cover essentially all aspects of our country.

While in order #11490 it is stated that it does not;

…constitute authority to implement the emergency plans prepared pursuant to this order. Plans so developed may be effectuated only in the event that authority for such effectuation is provided by a law enacted by the Congress or by an order or directive issued by the President pursuant to statutes or the Constitution of the United States[10].

The trigger for putting these orders into effect simply requires that a previous law allows it or an order or directive issued by the President is sufficient. Notice that there is no requirement that Congress authorizes the activation of these measures; in fact Congress is completely excluded from the whole process. The only constraint is that the order or directive issued by the President must be “pursuant to statutes or the Constitution of the United States”.

Unfortunately the laws are so sweeping that there really is very little preventing a President from implementing the plans and effectively destroying the Constitution and our Republic.

Constitutional Authority

As was stated above some of the items that would allow the government to seize total control have existed for sometime. The lynch-pin has existed since the writing of the Constitution in fact. While these measures have existed from the beginning of our Republic, it is through later perverting of the intent of the law that has allowed this to be possible.

Under the part outlining the powers of Congress it is written:

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions[11]

When our country was created there was a standing dislike of a large standing army; its misuse by the British was one of the causes of the American Revolution. Our Founding Fathers envisioned this country as having either no standing army or a small one and that the local state militias would augment the army if the need ever arose. The original intent was the National Guard (originally the state militias) were to be under the control of the state unless called into Federal service[12] subsequent legislation has essentially removed the National Guard from state control[13]. Further after the Civil War the Posse Comitatus Act[14] was passed in 1878; it declared that the Federal Army (all branches; including the National Guard when called into Federal service) could not be used within the United States to enforce the civil laws of the United States.

However this law has been circumvented; consider in the case of crimes involving nuclear materials Title 18 USC, Section 831 permits DoD personnel to assist the Justice Department in enforcing prohibitions regarding nuclear materials, when the attorney general and the secretary of defense jointly determine that an “emergency situation” exists that poses a serious threat to U.S. interests and is beyond the capability of civilian law enforcement agencies. Also in emergency situations involving chemical or biological weapons of mass destruction Title 10 USC, Section 382 allows, when the attorney general and the secretary of defense jointly determine that an “emergency situation” exists that poses a serious threat to U.S. interests and is beyond the capability of civilian law enforcement agencies. DoD personnel may assist the Justice Department in enforcing prohibitions regarding biological or chemical weapons of mass destruction.

These above listed situations sound reasonable times when the use of the federal military might be the best option but there is another legal loophole that is even vaguer and far reaching that a president could use to effect a total nullification of the Constitution. That path is through the Insurrection Act of 1807[15], it is a set of laws that govern the President’s ability to deploy federal troops within the United States to put down lawlessness, insurrection and rebellion. Originally the responsibility for putting down insurrection was the duty of the state governors and federal troops could only be used if the governor requested such assistance. While that is still in effect today there have been provisions that allow the President to deploy federal troops without being requested by the state governor and even to circumvent actions of the governor and/or the state legislature.

The insurrection act stipulates that:

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.[16]

(a) Use of Armed Forces in Major Public Emergencies.—

(1) The President may employ the armed forces, including the National Guard in Federal service, to—

(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that—

(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and

(ii) such violence results in a condition described in paragraph (2); or

(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).

(2) A condition described in this paragraph is a condition that—

(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

(3) In any situation covered by paragraph (1)(B), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.[17]

Notice that the only requirement is a presidential determination; there is no requirement for a governor or a state legislature to request such help and there is no requirement for Congressional approval or consultation before such action is taken. In fact in regards to Congress the law simply requires the president to notify Congress of the determination to exercise the authority as soon as practicable after the determination and every 14 days thereafter during the duration of the exercise of that authority.[18]

American Reichstag

The burning of the German Reichstag was the means through which the German Nazi party was able to seize control of the German government and install Adolf Hitler as the country’s dictator. While such an event could be used as reasons for invoking the powers of the insurrection act; the growing objection towards the unprecedented expansion of the federal government, specifically the health care overhaul. While the public outrage in and of itself could not be used as a reason to invoke the powers of the insurrection act; total legal actions by state legislatures could be used as justification.

Recall that the act says that if the President determines that any “insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition” “so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.” If the President decides that this is the case he can declare the State to have denied the equal protection of the laws secured by the Constitution.

In other words the President could claim that if as some states are in the process of doing, state constitutional amendments nullifying the federal health care law; mainly the requirement that everyone must obtain health insurance is blocking the Federal law from being implemented. Using this line of reasoning he could then direct Federal forces to seize control of the state and enforce the laws; effectively removing the state government. One can only imagine the public outrage over such a move which in turn could be used as justification for expanding the grab; since the law says that even a conspiracy to prevent federal laws can be used as justification for using the military against the people. And remember that plans exist within the federal government detailing how key aspects of the country are to be seized and controlled; such as, transportation, communication and power to name a few.

A Pen Stroke Away

As was said the obvious disdain for the U. S. Constitution and apparent lust for power that exudes from many of the top officials in Washington coupled with growing disapproval by the public at the state of affairs going on in the capitol provides a dangerous potential. High politicians fearing they are losing there control over the government and over the people may feel the need, “for the good of the people” to act. They may claim that they are acting to protect the rights of everyone, when in fact they are moving against the people’s rights to ensure their continued control. The very act of pursuing completely legal avenues to curb their growing power may be used as justification to act to render the Constitution null and void.

American is pushing back against what our Founding Fathers feared and wanted to avoid, a huge, authoritarian central government. The federal government has far extended its reach, well beyond, what our Founding Fathers envisioned and some of these life long politicians may be hostile towards the people reducing and/or restricting their power. As was said the means and plans are in place for the government to destroy the Constitution all that is needed is the stroke of a pen by the Presiden

[1] http://www.youtube.com/watch?v=k2iiirr5KI8

[2] http://www.youtube.com/watch?v=OkpdNtTgQNM

[3] U.S. Government Guide; http://www.answers.com/topic/executive-order-1

[4] IBID

[5] U.S. Government Guide; http://www.answers.com/topic/executive-order-1

[6] IBID

[7] Actually order #11490 consolidates the previous 11 mentioned into one order

[8] Executive Order 10997; issued Feb. 16, 1962

[9] Executive Order 11051, Part II, section 203

[10] Executive Order 11490; Part 1, section 105; issued Oct. 28, 1969

[11] Article I, section 8

[12] U.S. Constitution Article II, section 2

[13] Militia Act of 1903 (32 Stat. 775)

[14] 18 U.S.C. § 1385

[15] Most of the law is found in 10 U.S.C. § 331 – 10 U.S.C. §335

[16] § 332

[17] § 333

[18] §333(a)(3)(b)

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