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******* Start of 'frink.004' ******* Post: "Emergency Rule in the U.S." From: A. J. Teel, Sui Juris <ajteel@andronix.org> ................................................................. For those of you out there that are not already aware of it, the (u)nited States of America is under Emergency Rule. The President has vast powers and otherwise unconstitutional powers over the population. The Constitution *for* the (u)nited States of America is virtually null and void under there powers. But don't my word for it: here is the proof from the mouth of the oppressor itself. I hope that this provokes some thoughts. It sure did for me. --------------------------- cut here --------------------------- 93D CONGRESS 1st Session Senate Report No. 93-549 ENERGENCY POWERS STATUTES: PROVISIONS OF FEDERAL LAW NOW IN EFFECT DELEGATING TO THE EXECUTIVE EXTRAORDINARY AUTHORITY IN TIME OF NATIONAL EMERGENCY REPORT OF THE SPECIAL COMMITTEE ON THE TERMINATION OF THE NATIONAL EMERGENCY UNITED STATES SENATE NOVEMBER 19, 1973 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1973 24-509 --------------------- end title page --------------------------- SPECIAL COMMITTEE ON THE TERMINATION OF THE NATIONAL EMERGENCY FRANK CHURCH, Idaho CHARLES McC. MATHIAS, Jr., Maryland Co-Chairmen PHILIP A. HART, Michigan CLIFFORD P. CASE, New Jersey CLAIRBORNE PELL, Rhode Island JAMES B. PEARSON, Kansas ADLAI E. STEVENSON III, Illinois CLIFFORD P. HANSEN, Wyoming WILLIAM G. MILLER, Staff Director THOMAS A. DINE, Professional Staff (II) --------------------- end inside cover -------------------------- FORWARD --{*}-- Since March 9, 1933, the United States has been in a state of declared national emergency. In fact, there are now in effect four presidentially proclaimed states of national emergency: In addition to the national emergency delcared by President Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, and the states of national emergency declared by President Nixon on March 23, 1970, and August 15, 1971. These proclamations give force to 470 provisions of Federal law. These hundreds of statutes delgate to the President extraordinary powers, ordinarily exercised by the Congress, which affect the lives of American citizens in a host of all- encompassing manners. 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 transporation and communication; regulate the operation of private enterprise; restrict travel; and in a plethora of particular ways, control the lives of all American citizens. [...] (III) ----------------------- end first page -------------------------- ................................................................. ================================================================= And if you don't think that National Emergencies are still in effect (besides the ones mentioned in the previous section), take a look at this from the desk of President Clinton: From ucsu!boulder!agate!howland.reston.ans.net!zaphod.mps.ohio- state.edu!cs.utexas.edu!uunet!think.com!enterpoop.mit.edu!ai- lab!ai-lab!not-for-mail Fri May 21 05:57:52 MDT 1993 Article: 115926 of talk.politics.misc Path: ucsu!boulder!agate!howland.reston.ans.net!zaphod.mps.ohio- state.edu!cs.utexas.edu!uunet!think.com!enterpoop.mit.edu!ai- lab!ai-lab!not-for-mail From: Clinton-HQ@Campaign92.Org (The White House) Newsgroups: talk.politics.misc Subject: CLINTON: Iranian Assets 5.14.93 Date: 15 May 1993 04:37:17 -0400 Organization: MIT Artificial Intelligence Lab Lines: 150 Sender: daemon@ai.mit.edu Message-ID: <1t2a3tINNck0@life.ai.mit.edu> NNTP-Posting-Host: life.ai.mit.edu THE WHITE HOUSE Office of the Press Secretary _______________________________________________________________ For Immediate Release May 14, 1993 TO THE CONGRESS OF THE UNITED STATES: I hereby report to the Congress on developments since the last Presidential report on November 10, 1992, concerning the national emergency with respect to Iran that was declared in Executive Order No. 12170 of November 14, 1979, and matters relating to Executive Order No. 12613 of October 29, 1987. This report is submitted pursuant to section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c), and section 505(c) of the International Security and Development Cooperation Act of 1985, 22 U.S.C. 2349aa-9(c). This report covers events through March 31, 1993. The last report, dated November 10, 1992, covered events through October 15, 1992. 1. There have been no amendments to the Iranian Transactions Regulations ("ITRs"), 31 CFR Part 560, or to the Iranian Assets Control Regulations ("IACRs"), 31 CFR Part 535, since the last report. 2. The Office of Foreign Assets Control ("FAC") of the Department of the Treasury continues to process applications for import licenses under the ITRs. However, as previously reported, recent amendments to the ITRs have resulted in a substantial decrease in the number of applications received relating to the importation of nonfungible Iranian-origin goods. During the reporting period, the Customs Service has continued to effect numerous seizures of Iranian-origin merchandise, primarily carpets, for violation of the import prohibitions of the ITRs. FAC and Customs Service investi- gations of these violations have resulted in forfeiture actions and the imposition of civil monetary penalties. Additional forfeiture and civil penalty actions are under review. 3. The Iran-United States Claims Tribunal (the "Tribunal"), established at The Hague pursuant to the Algiers Accords, continues to make progress in arbitrating the claims before it. Since the last report, the Tribunal has rendered 12 awards, for a total of 545 awards. Of that total, 367 have been awards in favor of American claimants: 222 of these were awards on agreed terms, authorizing and approving payment of settlements negotiated by the parties, and 145 were decisions adjudicated on the merits. The Tribunal has issued 36 decisions dismissing claims on the merits and 83 decisions dismissing claims for jurisdictional reasons. Of the 59 remaining awards, 3 approved the withdrawal of cases, and 56 were in favor of Iranian claimants. As of March 31, 1993, awards to successful American claimants from the Security Account held by the NV Settlement Bank stood at $2,340,072,357.77. As of March 31, 1993, the Security Account has fallen below the required balance of $500 million 36 times. Iran has periodically replenished the account, as required by the Algiers Accords, by transferring funds from the separate account held by the NV Settlement Bank in which interest on the Security Account is deposited. Iran has also replenished the account with the more (OVER) ................................................................. 2 proceeds from the sale of Iranian-origin oil imported into the United States, pursuant to transactions licensed on a case-by- case basis by FAC. Iran has not, however, replenished the account since the last oil sale deposit on October 8, 1992. The aggregate amount that has been transferred from the Interest Account to the Security Account is $874,472,986.47. As of March 31, 1993, the total amount in the Security Account was $216,244,986.03, and the total amount in the Interest Account was $8,638,133.15. 4. The Tribunal continues to make progress in the arbitration of claims of U.S. nationals for $250,000.00 or more. Since the last report, nine large claims have been decided. More than 85 percent of the nonbank claims have now been disposed of through adjudication, settlement, or voluntary withdrawal, leaving 76 such claims on the docket. The larger claims, the resolution of which has been slowed by their complexity, are finally being resolved, sometimes with sizable awards to the U.S. claimants. For example, two claimants were awarded more than $130 million each by the Tribunal in October 1992. 5. As anticipated by the May 13, 1990, agreement settling the claims of U.S. nationals for less than $250,000.00, the Foreign Claims Settlement Commission ("FCSC") has continued its review of 3,112 claims. The FCSC has issued decisions in 1,201 claims, for total awards of more than $22 million. The FCSC expects to complete its adjudication of the remaining claims in early 1994. 6. In coordination with concerned Government agencies, the Department of State continues to present United States Government claims against Iran, as well as responses by the United States Government to claims brought against it by Iran. In November 1992, the United States filed 25 volumes of supporting information in case B/1 (Claims 2 & 3), Iran's claim against the United States for damages relating to its Foreign Military Sales Program. In February of this year, the United States participated in a daylong prehearing conference in several other cases involving military equipment. Iran also filed a new interpretative dispute alleging that the failure of U.S. courts to enforce an award against a U.S. corporation violated the Algiers Accords. 7. As reported in November, Jose Maria Ruda, President of the Tribunal, tendered his resignation on October 2, 1992. No successor has yet been named. Judge Ruda's resignation will take effect as soon as a successor becomes available to take up his duties. 8. The situation reviewed above continues to involve important diplomatic, financial, and legal interests of the United States and its nationals. Iran's policy behavior presents challenges to the national security and foreign policy of the United States. The IACRs issued pursuant to Executive Order No. 12170 continue to play an important role in structuring our relationship with Iran and in enabling the United States to implement properly the Algiers Accords. Similarly, the ITRs issued pursuant to Executive Order No. 12613 continue to advance important objectives in combatting inter- national terrorism. I shall exercise the powers at my disposal to deal with these problems and will report periodically to the Congress on significant developments. WILLIAM J. CLINTON THE WHITE HOUSE, May 14, 1993. # # # ................................................................. End: "Emergency Powers in the U.S." ******* End of 'frink.004' ******* +---------------------------------------------------------------------------+ | Disclaimer - Neither FrInk@andronix.org nor anyone mentioned herein nor | | the author is responsible for its content. Distribution is NOT an | | endorsement or agreement with the content herein. 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