Presidential Executive Orders, Mandates For Peace Or War? by J. Krim Bohren and James Kraft-Lorenz The powers of the President are derived from the Constitution of the United States. Executive Orders and Proclamations allow the President to administrate the business of the federal government. He has the responsibility to execute and carry out the lawful statutes and can require obedience of those subject to the federal government's jurisdiction. With the consent of the Senate, the President has the authority to appoint officials serving in an executive capacity, justices of the Supreme Court, ambassadors, and federal judges in all districts. He also negotiates and signs treaties with Senate approval and has the civil authority to veto legislative bills passed by Congress. As Chief Executive of the government, the President has the civil authority for the Republics. Simultaneously, he has military authority as the Commander-in-Chief of the federal standing armed forces. When a national emergency is declared, the Commander-in- Chief assumes military control over the non-military population not normally under his direct jurisdiction. MARTIAL LAW applies, and he exits the office of the presidency as a civil officer. The Constitution is suspended and the militia of the Republics may be called into federal service to fulfill the requirements of the federal emergency, bypassing the governor of each independent and sovereign State. An Executive Order that is printed in the Federal Register and draws no objection from Congress thirty-days from execution becomes codified law. It is as valid as a statute, as if passed by Congress and signed by the President into legislative authority and is enforceable as executive law in the Code of Federal Regulations [CFRs]. The power and influence of executive orders over the domestic affairs of the people of the nation are often extended by statutes authorized by Congress or modified by federal court decisions. The actual statutes are written by attorneys employed by the executive agencies (IRS, EPA, FDA, etc.) empowered to enforce them, so the statutes typically maximize the power of the executive and his agents within the interpreted limits of a congressional act. The Taft-Hartley Act, Civil Rights Act and hundreds of others are examples of this. The President, acting through the Attorney General, is empowered to initiate lawsuits in federal courts against those who may violate these statutes and their supporting federal court decisions. Executive Order No. 12919, of June 3, 1994, sustained a number of previous executive orders that already had effectively suspended the Constitution. It was published in the Federal Register on June 7, 1994 and became law on the day following our national day of independence, July 5, 1994. While we might regard this date as our date of dependence, it is not the only event of its type, merely one of the most recent. Commander-in-Chief Lincoln issued Executive Order No. 1, on October 20, 1862, establishing a provisional court within the federal military district created by the armed occupation of Louisiana. Executive Order 12919 extends a national emergency that follows a long series of precedents endorsed by Congress in 1861, 1917, 1933, 1947, 1974 and up to and including 1994, the more recent of these occurring during peacetime! On April 6, 1917, the United States Congress declared war on Germany. On October 6, 1917, while in a state of emergency, Congress passed the Trading With The Enemy Act. Early in 1933, Roosevelt unlawfully resurrected this old wartime Act to suspend the Constitution and to deprive the American people of their lawfully guaranteed Rights to Life, Liberty and Property (Pursuit of Happiness). In July 1933, Franklin D. Roosevelt created an Executive Council of appointed executive advisors to assist in the management of the affairs of the national government and to advise those who require guidance of the president's office. Some advisors now include the CIA, Council of Economic Advisors, Office of Management and Budget, a National Security Council, the Federal Emergency Management Administration (FEMA), and scores of others. President Roosevelt exceeded his Constitutional powers and violated his oath of office when he issued Proclamation 2039 on March 6, 1933, which placed the lawful money (gold) of the people under the control of the Commander-in-Chief as property of the federal government. Congress had not yet assembled to give consent to any lawful emergency powers act, or to permit suspension of the Constitutional Rights of any American Citizens. Did the 73rd Congress, on March 9, 1933, as a committee of the whole, commit a misprision of treason, jointly and severally, when they did not IMPEACH President Roosevelt for his singular act of suspending the Constitution? Did Congress thus become a principal in constructive treason, when they passed an ex post facto bill, exonerating FDR's lawless act of treason? The 73rd Congress had a precedent: on July 4, 1861 the 37th Congress convened 17 weeks after Lincoln's inauguration, after he had declared war, suspended Habeas corpus, etc., and "rubber- stamped" the Commander-in-Chief's "solo" actions. The exact language Congress used July 4, 1861 was used again, by Congress, on March 9, 1933, in 12 USC 95(b). The 73rd Congress not only allowed President Roosevelt to seize THE PEOPLE's property, it effectively declared war upon WE, THE PEOPLE. In 1933, by removing the "exclusion of domestic transactions by American citizens" clause from the old 1917 Act, Congress forced American citizens into a new "legal status." Doesn't every domestic transaction, among what had been a Free people, now require a license, permit or authorization that issues at the order of the federal government? If this be untrue, why are all banks licensed, all bank depositors numbered, all transactions subject to be reported, without a warrant, to the banking regulators and the IRS? In the words of James Madison: "I believe there are more instances of abridgment of the freedom of people by gradual and silent encroachments of those in power than by violent and sudden usurpations..." Have these presidents, and Congresses, violated their oaths of office? Have they usurped the Constitution for the United States of America? After all, Article I, Section 9, Clauses 2 and 3 of the Constitution guarantee: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it;"; .... (and) .... "No Bill of Attainder or ex post facto Law shall be passed." When Bill Clinton signed, without public announcement, his Executive Order, No. 12129, issued June 3, 1994, titled "National Defense Industrial Resources Preparedness," he became the tenth chief executive since Roosevelt to knowingly forsake his country for the privileges of power. Under unlawful usurpations of power, and the silent conspiracy of every Congress since March 9, 1933 to maintain that power, the misuse of emergency presidential powers continues to control the Nation. How can we revive ourselves, absent a fall into total chaos? Isn't the answer self-directed education and an eternal vigilance? Thirteen Citizen patriots, under the leadership of Dr. Gene Schroder, have produced a rather complete report titled War and Emergency Powers: A Special Report On The National Emergency In The United States Of America. This 153-page book contains over 100 pages of exhibits and supporting documents. You may also want to inquire about A Patriot's Chronology: War Emergency Powers and The Constitutional Crises, as published by the National League for the Separation of Church and State, a complete chronology of events leading to the overthrow of the Union and the represented, sovereign States, by our federal government. Both documents are available from The National League, P.O. Box 1257, Escondido, CA 92033. For information regarding FDR and the New Deal, read People's Pottage, Truth Seeker Co., $10.00 plus $3.00 shipping. To order call 1-800-321-9054, or send check or money order to Truth Seeker Co., 16935 W. Bernardo Drive, San Diego, CA 92127.Or download from AOL, you will find People's Pottage in the Freethought Forum (keyword "Capital"). James Kraft-Lorenz is a freelance writer and lecturer, and is an expert on the Constitution and Constitutional Law. J. Krim Bohren is a researcher and writer; he is also a student of the "Fully Informed Juries."