Fritz: All Fritz

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Text File | 1992-06-19 | 21KB | 322 lines

MARTIAL LAW The radio and TV had been carrying news bulletins all day. The President was going to make an emergency announce- ment in place of the evening news. Speculation was high as to what the emergency could be . . . there wasn't anything in the news lately to point to any international crisis. At 5:30 that evening, the President appeared on tele- vision and made the following startling declaration: "Fellow citizens, under the authority of Executive Order No. 11921, I am declaring a state of emergency in this country. Immediately and henceforth, the following orders will go into effect. As soon as it is possible, others will follow. (1) I declare all banking operations suspended and stock market operations will cease. (2) Food rationing will be instituted along with wage and price controls. Printing of ration coupons has started. All purchases will not exceed $60.00 per week per family to prevent hoarding. (3) Ownership of gold and silver, which are not in coins, is hereby prohibited. All precious metals will therefore be relinquished and deposited in banks as soon as they are reopened. (4) Suspension of all judicial processes is immediate. Habeas corpus included. Anyone suspected of violating these emergency orders is subject to arrest. (5) Citizens will turn in all weapons and ammunition to police authorities or National Guard armories. (6) All programs at colleges and universities will cease until the programs are further evaluated by federal authorities. (7) All military forces are put on full alert and will report immediately to their respective duty stations. All persons responsible to report in the event of mobilization will report as required. (8) The publication of all newspapers and private news- letters will cease as of tomorrow morning pending the establishment of a censorship board. (9) Foreign travel for US citizens is discontinued during this emergency. (10) Gas rationing is hereby imposed immediately. Until coupons are distributed, each private vehicle will be allotted 10 gallons per week. Recording of license numbers on each purchase is mandatory." We stared at each other in disbelief. He went on to tell us that distribution of work permits for all citizens will begin shortly. Substitution of new colored money for our old money, with certain limits of course, will start next week. This would be an absolute dictatorship. In the United States! As an explanation, he said the inflation rate in third world countries had exceeded 1000%. They had repudiated their debts to US banks. The Japanese stock market is on the verge of collapse and it will have serious aftershocks on our economy. To insure the continued operation of our govern- ment, these steps were necessary. Insuring compliance was imperative for the smooth continuance of our government he said. Compliance is not voluntary, it is mandatory. The President (if that is the proper title now) announced he was activating the National Guard to enforce these orders. The bottom line was to prevent anarchy and bloodshed. Wait just a minute. Just where did the President find the authority? How can he declare an emergency and stop all the rights we have enjoyed for over 200 years? That's impossible. Jim looked at me and said, "Let 'em try and get my weapons!" I grinned. Yet inside, I felt a gnawing which said, "They will get the weapons from you, my friend. This is a bad scene." The majority leader of the Senate and the Speaker of the House called Congress into immediate emergency session. They discovered that they were powerless to countermand the declaration. The law was on the books and gave Congress no authority to stop the actions taken under Executive Order No. 11921. Have you ever heard of an executive order? The Consti- tution is explicit that execution of laws is the only duty of the executive branch. They have no authority to make a law. Checking Black's Law Dictionary, 5th Ed., we find: Executive Order . . . "An order or regulation issued by the President or some administrative authority under his dir- ection for the purpose of interpreting, implementing, or giving administrative effect to a provision of the Constitu- tion or of some law or treaty. To have the effect of law, such orders must be published in the Federal Register." Sorry, but this is a G.. D... LIE! Never heard of the Federal Register? It's a publica- tion that contains over 75,000 pages a year where all regulations and executive orders are published. Once published, the Congress or private citizen has 30 days to challenge the proposed regulation or it becomes law. How's that for an easy way to make a law? We have been getting the short end of the stick. It looks as though they have finally come out in the open and admitted that due process of law is an illusion. It's finis! Just a story? For right now, yes. But, this executive order IS ON THE BOOKS. ALL it needs for implementation is for the President to declare a national emergency. The possibility is there and the scenario frightening. Notice the number of that order . . . there are thousands on the books right now. All those glowing terms we read in our Constitution are no more. Justice, liberty, freedom of speech, press and religion, and due process of law are history. When we tell our kids of the 'good old days', there is much we can talk about. Just what is 'due process of law' and how did it come into existence? With all the debate about it, the honchos in government want you to believe it is an elusive term. Instead of affording you the protection of due process automatically, they want you to prove it's been violated. Due process comes from an old British statute (1355) which had its origin in the Magna Charta. (1215). (En- cyclopedia Americana) It was to protect citizens against the violation of long established procedural safeguards. It also means the enforcement and protection of private rights which conform with the standards of fairness and justice. We find the command of due process of law in the Fifth Amendment to our Constitution. "No person shall . . . be deprived of life, liberty or property, without due process of law . . ." That is a heavy statement! Due process is really a simple concept. If a law meets the requirements of our supremacy clause, due process is being obeyed. If a certain procedure by government is man- dated, due process orders that procedure be followed. It cannot be argued by government or decreed by the courts that they can ignore this concept. Not even in the event of an emergency. Even if public safety or public sentiment is not in favor of the action, they have to follow the process. During the ratification process, the states insisted on firm, precise limitation of powers of the new central govern- ment. The people wanted a wall built around the new govern- ment. The higher, the better. The resultant Bill of Rights are a restriction against government. One notable exception is, despite what the feds tell us, the first ten amendments contain NO restrictions against us as individuals. Repeat - NO RESTRICTIONS against citizens. When the states were asked to ratify the document, it had been only eleven years since the end of the revolution. The people had not yet forgotten the pain and suffering of that war. The friends, neighbors and loved ones who fought, bled and died for their freedom was still fresh in their minds. The people wanted guarantees that the reasons for that war would never happen again. To appreciate the importance of due process of law, we must look at the supremacy clause of our Constitution. "THIS CONSTITUTION, AND THE LAWS OF THE UNITED STATES WHICH SHALL BE MADE IN PURSUANCE THEREOF, . . . SHALL BE THE SUPREME LAW OF THE LAND . . ." (Art VI, cl 2) Any law enacted which is not pursuant to the Constitution, which does not follow the authority in the document, is not a law. NO ONE NEEDS TO OBEY IT! They have violated due process. To reinforce that statement, we'll take a look at what our Founding Fathers had to say about the supreme law. Alexander Hamilton made it clear when he said NO legislative act, contrary to the Constitution can be valid. (Paper No. 78). (All references to paper no. are from the book The Federalist Papers.) It bestows no honors, grants no authority and prescribes no penalties. He went on to say, "It will not, I presume, have escaped observation that it EXPRESSLY confines this supremacy to laws made PURSUANT TO THE CONSTITUTION; which I mention merely as an instance of caution in the convention; since that limitation would have been to be understood, though it had not been expressed." (Paper No. 33) (The emphasis is in the original writing). This was the vision of our Founders. They wanted to establish and insure the dignity of the individual. The first three words in our Constitution, in large fancy letters, specifies that we gave permission for the new government. Therefore, we are the sovereigns and the government is responsible to us. This concept worked well for many years. The government was afraid of the people. But the love of power, greed and money is a disease. It eventually will make itself evident no matter who stands in the way. The executive order in our opening is a perfect example of that sickness. When we say we are sovereign it means we are the supreme power and superior to all other powers. Those are not our kings, lords or masters running the government. They are simply public servants. Would you allow a servant in your home to dictate your life style? What if you were told to turn off the TV and lights at 9 PM so he/she can go to bed? Then why allow those servants at the funny farm tell you what to do? When you allow that, it's not sovereignty, it's enslavement! Hamilton in Paper No. 78 said to permit that would be to establish that the deputy is greater than his principle; that the servant is above his master; that the representative of the people is superior to the people themselves. When we start acting out our birthright as sovereigns the enslaver will have no one to control. James Madison pointed out in Paper No. 45 that the powers which are delegated to the federal government by the proposed Constitution are few and defined. It was not to be Carte Blanche to unlimited powers. Most of the commands in the document are explicit. They are not debatable. They are not alterable by law or judicial edict. If they are altered, it's assuming powers which we did not grant or specifically withheld. Delegation of law making power was to Congress ONLY. The executive is to make certain the laws are faithfully executed. The judicial branch is to interpret the law and is to be the protector of the people. It was never meant that the judicial department modify laws and in effect amend the Constitution. Due process demands that these duties be complied with TO THE LETTER. If these commands are violated, due process has been violated. This is a basic premise of our system of government. There are no exceptions . . not in an emergency . . . not under the cloak of an executive order, not even if Chicken Little says the sky is falling! If these powers are so desperately needed, let the feds ask our permission and see if we agree. That is the reason the amendment process is in the basic document. (Art V) This is the key which makes the document as viable today as it was over 200 years ago. The last two amendments of the Bill of Rights are catch- all amendments. The Ninth Amendment makes it clear that we have rights beyond those that are spelled out in the docu- ment. The Tenth Amendment FORBIDS the government from assuming any power we did not specifically delegate to the government. Why do you suppose the people who work for government can't understand these two restrictions? We often hear that ignorance of the law is no excuse. Just what do you suppose is their excuse? Ignorance on our part is no excuse either! Many will argue that the "necessary and proper" clause (Art 1, Sec 8, cl 18) gives government the right to modify whatever they feel is necessary. This is gobbledygook. The clause is specific in that it states: "for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States . ." It CANNOT encompass any powers not delegated. Hamilton, in Paper No. 33 clarifies this point when he says ". . . it may be affirmed with perfect confidence that the constitutional operation of the intended government would be precisely the same if . . .(necessary and proper clause) . . were entirely obliterated as if . . . repeated in every article." This clause is precise that it grants no power which is not in agreement with the supremacy clause. This concept is basic to our form of government. The document originated when most of the citizens had at best a third grade education. The words are clear and direct. It is a document all Americans should read every year to refresh their minds on what powers we actually granted. It would help us keep an eye on these clowns. What little of our Constitution being taught is by teachers who also have no knowledge of the document. The blind are leading the blind. With each generation the vision of our Founding Fathers becomes dimmer. More of the powers we denied the government are being assumed. It's simply because no one knows what it says or means. Everyone who works for government at any level must take an oath to support the Constitution. (Art VI, cl 3) Then how do we have a 'law' on the books which gives the president the authority to declare an emergency? By declaration he can announce the Constitution is dead? Was due process of law followed here? Hardly! The oath has simply become a ritual or reciting of words which no longer have meaning. In that same light, what about the oath all of my readers who have been in the service have taken? Remember? . . . "to protect and defend the Constitution against all enemies, foreign and domestic . . ." It shouldn't be necessary to point out the word 'domestic'. Naturalized citizens have also taken the same oath. Why aren't you obeying what you swore to God to do? So how do we get out of this dilemma? We must swamp Congress with phone calls, telegrams and letters. Demand that the power of the executive to issue orders be rescinded as being beyond governmental authority. It violates rights we enjoy under our Constitution . . due process of law, for one! These jokers need questioning about executive orders every time they appear in public. Then ask about number 11921 in particular. As the sovereign, we shouldn't hesitate to question this assumption of power which was not conferred by the document. Pointing out the major restriction in the Tenth Amendment will drive these people up the wall. Better they go up the wall by our questions than we go against the wall for disobeying orders if an emergency is declared. Cornelius Tacitus, a Roman senator and historian. (A.D. c.56-c.115) remarked: "The more corrupt the state, the more numerous the laws." If you don't believe this is the condition of our country today, I suggest you go to a law library. Take a look at how many laws are actually on our books. If people shrug their shoulders at this fearsome power in the hands of any person or number of persons, without question or protest, they will stand in line of their own free will and have their numbers tattooed on their arms. We already have that number! Cicero gave a warning to the Romans just before the fall of the empire, "Beware of the traitor within the gates!" We'd better listen to the warning and take a look within our gates. Government has three duties: To defend our shores, deliver our mail and stay the hell out of our lives! Nothing more. UPDATE IN VOLUME ONE OF THE TRAITOR WITHIN THE GATES, WE REPORTED THAT 17 1/2 MILLION DOLLARS WAS BEING PAID EVERY HOUR TO THE FEDERAL RESERVE AS INTEREST ON THE DEBT. LET'S UP THE ANTE A BIT . . . WE ARE NOW PAYING ABOUT 4 BILLION DOLLARS EVERY DAY WHICH BREAKS DOWN TO $166,666,666 PER HOUR OR $27,777,777 PER MINUTE! THAT'S OUR TAX DOLLARS. WAIT UNTIL THE FIGURES FOR NEXT YEAR ARE RELEASED . . .