EXECUTIVE ORDERS: UNCONSTITUTIONAL PRESIDENTIAL ABUSES OF POWER
The Conservative Caucus
The US Constitution provides no delegated authority or basis for Executive Orders, Proclamations, or Presidential Directives. Please read the entire list of unconstitutional monstrosities created out of thin air by a Congress that never had the delegated authority to do so, but did anyway, and has been doing since the beginning. It is also well to keep in mind that some of the US Constitutions biggest proponents, have also been its biggest usurpers.
America could have been a really great country, had the people paid attention, stayed highly literate, read their Constitution, and forcibly put down any deviations from its literal text and spirit by swiftly executing those most intrusted to protect it from blatant acts of usurpation's. Furthermore, if diligently adhered to from the very beginning, would have also made possible the added benefit of keeping the 'guillotine operators local 245' gainfully employed, nonstop, from that time, until now. ~Rod Remelin
The Conservative Caucus
450 Maple Avenue East * Vienna, Va. 22180 * 703-938-9626
Excerpted from Howard Phillips Issues and Strategy Bulletin of May 15, 1999
SINCE LINCOLN, CONGRESS HAS FAILED TO RESTRAIN PRESIDENTIAL USURPATIONS
Attorney William J. Olson spoke to those gathered for Y2K and the Presidency, the May 8 conference sponsored by The Conservative Caucus, concerning the unconstitutional use of Executive Orders. Excerpts from his talk follow:
GEORGE WASHINGTON BEGAN CONSTITUTIONALLY
"President Washington issued the first Proclamation; it was...to declare a Day of National Thanksgiving. It was...pursuant to some Congressional action... certainly that's a Proclamation that's perfectly legitimate. ...
"[E]ven his Whiskey Rebellion Proclamation...was pursuant to a 1792 statute."
BUT HIS NEUTRALITY PROCLAMATION WAS NOT CONGRESSIONALLY AUTHORIZED
"But then we get to the Neutrality Proclamation, which did not cite any Congressional or statutory authority. It sought to impose penalties on U.S. citizens who would deal with European powers at war. ...it was viewed by others in government as an abuse of Executive authority.
"And, when prosecutions were begun under that statute, the court said, 'No, that does not have the force of law, Mr. President. That is your opinion. You do not have the Congress's concurrence. ...' The Congress then passed the law, and the prosecutions continued. But in any event, it was very instructive time because people had then read the Constitution. ..."
CONGRESS WAS HONEST ABE'S RUBBER STAMP
"One of the first things that happened under President Lincoln was that the Congress developed the pattern of subsequently validating whatever it was he did. He would do it, it would be unconstitutional, people would know it was unconstitutional, and then the Congress would come along and say, after the fact, 'We validate what you do.' He'd sign the law, and that would be considered by the courts to be adequate. ..."
FDR EXPLOITED UNCONSTITUTIONAL PRECEDENTS OF LINCOLN AND WILSON
"President Lincoln was a useful precedent for President Roosevelt. And he [FDR] also did certain things with respect to the labor management relations which were remarkable and then again at the end relocated 112,000 citizens in the Japanese relocation camps by Executive Order. ...
"Harry Truman...was so aggressive in his use of Executive Orders that he provoked the Supreme Court to limit his power. ...He seized the steel mills; the Congress had refused previously to give him that power...."
TRADING WITH THE ENEMY WHEN WE HAVE NO "ENEMIES"
"[W]artime powers, particularly those under TWEA -- Trading with the Enemy Act -- which had to do with World War I, were repealed as President Wilson turned over power to President Warren Harding. ...
"Franklin Roosevelt...relied on TWEA, the Trading With the Enemy Act. ... [which] said that the President had this authority only in the event of a war, and FDR said when he was inaugurated, 'I'm going to act'...'America's facing a crisis as great as invasion...."
OUR LIBERTIES CONTINUE TO BE CIRCUMSCRIBED
"[A] few days later, March 9, what we called a supine Congress enacted the Emergency Banking Relief Act. ...They not only approved and confirmed what the President had done, but in a law which is still on the books, actions, regulations, orders and proclamations heretofore and hereafter taken were ratified by the Congress. ...That law is still on the books. ..."
U.S. COURTS HAVE A LOW BATTING AVERAGE DEFENDING THE CONSTITUTION
"[T]here are only two cases in the history of the United States where United States courts have totally invalidated Executive Orders. That is not a particularly effective check when there have been over 13,000 Executive Orders issued. ...
"President Truman, in one Executive Order...rather than citing the Constitution of the United States, rather than citing any statute...cited the United Nations Charter as his legal authority to act against citizens. ..."
CONTROL OF FOREIGN POLICY MUST BE RECLAIMED BY CONGRESS
"[T]he Dames & Moore case is very significant. ...It was written by Chief Justice Rehnquist. And it had to do with Executive Orders which were implemented pursuant to Executive Agreements with foreign countries -- not treaties, but Executive Agreements, unratified treaties...the Court found that...over the last series of years, the Congress had delegated authority over foreign policy to the President and this general delegation was somehow adequate so that President Carter and Reagan in their Executive Orders could implement Executive [Agreements] which barred certain...claims against Iran, and that was said to be a sufficient basis for the President to exercise power. ..."
"NATIONAL EMERGENCY" POWERS INVALIDATE OUR CONSTITUTIONAL LIBERTY
"[I]n the '70s, there were over 400 separate statutes which the Congress had passed that gave extraordinary powers to the President of the United States over the economy, over the military, over civilians, but those powers could only be triggered if and when the President declared a State of National Emergency. They were contingent, they were latent, and once he issued the State of Emergency, he had all of those powers.
"President Wilson issued one; Roosevelt, three; Truman, one; Nixon, two; Carter, two. ...Ronald Reagan issued six; George Bush issued five. And many of those are still in effect. ...President Clinton...now has 13 [National Emergency] Executive Orders and perhaps another 50 Notices renewing these Executive Orders, because the States of Emergency last for one year unless renewed by the President. ..."
NEEDED: SELF-EDUCATION, DISCERNMENT, OPPOSITION, AND A SPIRIT OF RESISTANCE
"President Jefferson said, 'The people in this country for liberty to be preserved need a spirit of resistance.' ...
"[W]e're operating under 14 overlapping and concurrent Presidentially declared States of National Emergency....Where do these Emergency Powers come from, one would ask? ...[T]he Congress has delegated these extraordinary powers. ..."
A DAY LATE AND A DOLLAR SHORT
"The conclusion to that effect was clear in the mid-'70s, but the Congress did not act. They passed a few laws, they amended TWEA, they passed IEEPA -- the International Emergency Economic Powers Act, which is the favored vehicle that Presidents use now to declare emergencies....
"Senator Daniel Hastings said it [Presidential fiat authority] was 'more power than any good man should want, and more power than any other kind of man ought to have.'"
Excerpted from Howard Phillips Issues and Strategy Bulletin of March 31, 1999
DEFENSE DEPARTMENT PLANS "CIVILIAN INMATE LABOR PROGRAMS"
I am indebted to U.S. Taxpayers Party activist Steve Lefemine of South Carolina, for sharing with me a copy of an official document entitled, "Army Regulation 210-35...Civilian Inmate Labor Program", signed by Togo D. West, Jr., Secretary of the Army, "effective 9 January 1998":
"History. This issue publishes a new Department of Army regulation.
"Summary. This regulation provides guidance for establishing and managing civilian inmate labor programs on Army installations. It provides guidance on establishing prison camps on Army installations. It addresses recordkeeping and reporting incidents related to the civilian inmate labor program and/or prison camp administration.
"Applicability. This regulation applies to the Active Army, Civil Works responsibilities of the U.S. Army Corps of Engineers, the U.S. Army Reserve, and the Army National Guard of the United States. This regulation applies within the United States, its territories and possessions, and during full mobilization."
Excerpted from Howard Phillips Issues and Strategy Bulletin of February 28, 1998
U.S. HAS NO BUSINESS IN KOSOVO
CLINTON MAY BE HURLING A BOOMERANG
Phyllis Schlafly points out that "The very day after his acquittal, Bill Clinton moved quickly to change the subject and wag the dog by announcing plans to send U.S. ground troops into the civil war in Kosovo between Serbian authorities and ethnic Albanians fighting for independence. The Americans would be part of a 27,000-strong NATO force under non-American command."
U.S. MILITARY LEADERS WARN OF DANGER
"Mr. Clinton is overriding major concerns of senior Pentagon officials that the administration has no clear-cut military goals and that this will soon involve twice as many U.S. troops as he predicts. They believe this will seriously overburden U.S. ground forces already committed to missions in the Persian Gulf, Bosnia and Korea...."
$2.8 BILLION DOMESTIC COMMAND COULD MAKE U.S. CITIZENS TARGETS OF MARTIAL LAW
"We should not underestimate the deceit and deviousness of Mr. Clinton's plans to ‘move on’ by getting headlines for aggressive presidential actions to replace coverage of his impeachment trial. He fully understands how entering the Kosovo war many provoke terrorist retaliation within the United States and he is using that risk as the excuse to create a Domestic Terrorism Team headed by a military ‘commander in chief,’ with a $2.8 billion budget."
WILL CONSTITUTIONAL GUARANTEES BE SCRAPPED?
"Mr. Clinton has already issued a Presidential Decision Directive to authorize military intervention against terrorism on our own soil. Defense Secretary William Cohen said in an Army Times interview that ‘terrorism is escalating to the point that Americans soon may have to choose between civil liberties and more intrusive means of protection.’"
"HOMELANDS DEFENSE COMMAND" COULD WAGE WAR ON "VAST RIGHT WING CONSPIRACY"
"Deputy Defense Secretary John Hamre has been floating the idea of designating a unit of U.S. troops as a Homelands Defense Command to take charge in case of a terrorist attack on U.S. soil. Mr. Hamre argues that the military's role should be formalized under a four-star general, and he has even speculated about creating a binational command with Canada and calling it the ‘Atlantic Command.’..."
WILL U.S. ARMY BECOME CLINTON'S GESTAPO?
"The Posse Comitatus Act of 1878 is supposed to protect us against a president using the Army to enforce the law against civilians. The spectacle of the military patrolling the streets of U.S. cities is something that should happen only in totalitarian countries and in movies like ‘The Siege.’
"Later laws, however, have carved out a number of exceptions. The 1984 Stafford Disaster Relief Act authorizes the president, after proclaiming a state of emergency, to send active-duty soldiers to respond to a crisis and serve under the direction of the Federal Emergency Management Agency.
"On June 3, 1994, Mr. Clinton issued Executive Order 12919, titled National Defense Industrial Resources Preparedness. It invests FEMA with plenary and dictatorial authority over communications, energy, food, transportation, health, housing and other resources...."
WILL REPUBLICANS FORFEIT CLAIM TO LEAD AMERICA?
"If Republicans allow Mr. Clinton to go ahead with his unconstitutional, costly, foolish and dangerous expedition to Kosovo, where we have no national security interest, they are forfeiting any claim to lead America. This issue should be a litmus test for all candidates for president."
Excerpted from Howard Phillips Issues and Strategy Bulletin of January 15, 1999
CLINTON PRESSURES STATES TO ENFORCE U.N. TREATIES
WorldNetDaily.com (12/23/98) reminds us that "Dec. 10 marked the half-century anniversary of the adoption of the Universal Declaration of Human Rights by the United Nations....
"Taking advantage of the historical significance of this year's celebration, President Clinton, at a morning ceremony at the White House, unveiled a set of eight policy initiatives (including an executive order) intended as a way ‘to advance human rights at home and abroad.’...
"Heading the list was a far-reaching executive order, Number 13107, calling for Implementation of Human Rights Treaties (such as the International Covenant on Civil and Political Rights), and directing agencies and departments of the executive branch to set up mechanisms for carrying out the obligations mandated by these treaties. This will require the states to change their laws and programs to assure conformity and bring them into line with the treaties' requirements. A number of human rights treaties (like the Convention for the Rights of the Child) have yet to be ratified by the Senate, despite considerable arm-twisting by the administration."
"NON-FEDERAL ENTITIES" WILL BE "MONITORED"
"The executive order creates a new Interagency Working Group on Human Rights Treaties, headed by the assistant to the president for national security affairs and comprised — for a start — of policy and legal representatives from the departments of State, Justice, Labor, Defense, and the Joint Chiefs of Staff. Other agencies can be brought on board if the chair deems it appropriate. The working group would develop ‘effective mechanisms’ to make sure that legislation proposed by the administration (as well as that originated by Congress) is reviewed for ‘conformity with international human rights obligations.’ The working group is specifically tasked with monitoring the actions and legislation by the states, commonwealths, and territories of the United States — and the Indian tribes as well — to ensure that non-federal entities are brought into ‘conformity’ with the treaties."
YOUTH "HATE CRIMES", CHILD LABOR, AND GENOCIDE MEET WITH DISFAVOR
"The other initiatives are not as broad in scope, but expand government powers nonetheless, in some instances, into foreign countries. Here, a synopsis of each:
"· Establishment of a Genocide Early Warning Center — run by the State Department and the Central Intelligence Agency — to focus intelligence resources ‘on situations that could potentially lead to genocide,’ in various parts of the world, particularly Africa.
"· To increase U.S. response to human rights ‘emergencies,’ $8 million will be given over the next five years to non-governmental organizations ‘to develop rapid response capacities.’ The NGOs are to create overseas ‘assessment teams’ and ‘monitoring units’ to keep tabs on ‘abuses’ in foreign countries.
"· To help victims of human rights abuse, several NGOs that assist human rights victims — for instance Afghan women and survivors of genocide — will receive funding, and contributions to the U.N. Voluntary Fund for Torture will be increased.
"· $30 million will be allocated this year to the International Labor Organization's Internation [sic] Program on the Elimination of Child Labor.
"· The federal government will push for legislation allowing illegal aliens who are the victims of ‘serious abuses’ in the U.S. — for instance, forced labor or forced prostitution — to gain lawful status if they identify abusers.
"· New guidelines are to be issued for easier adjudication of asylum claims by children in the United States.
"· To prevent youth hate crime, the Department of Education will distribute a publication of a guide for schools entitled ‘Protecting Students from Harassment and Hate Crimes.’..."
PREPARING FOR WORLD GOVERNMENT
"Larry Becraft, a constitutional attorney in Huntsville, Alabama, has made a long-term study of how treaties are used as a tool to expand federal jurisdiction....
"‘Basically, executive orders are intended to govern the executive branch,’ Becraft explained. ‘Under Title 5, Section 301 of the U.S. Code, the president can issue rules and regulations to tell the agencies what to do. If you had a constitutionalist president, he'd be issuing constitutionalist-minded executive orders. If you have a "Red" president he's going to issue "Red" executive orders — like the one he signed about Federalism....
"‘If your agenda is to establish world government — which Clinton's is — the military of all nations must be converted into law enforcement,’ he observed. ‘If they make these human rights provisions a policy, they've got to have some way to enforce them. Right now they've got the militaries around the world doing it, but I'll rue the day they come up with a world police.
"‘In all the treaties — the environmental ones, like the human rights ones — there's always some international agency that will eventually enforce it. But they need a national one meanwhile. That's what this interagency working group is all about. It will start dictating to the state, territories, and Indian tribes what their legislation is going to be,’ Becraft said. ‘That's the objective.’"
Excerpted from Howard Phillips Issues and Strategy Bulletin of December 31, 1998
CLINTON PROMULGATES E.O. 13107 TO ADVANCE U.N. AGENDA
WILL CONGRESS REMAIN SILENT?
Joe Farah reports (Between the Lines, 12/23/98) that on December 10, Bill Clinton "issued another one of his infamous executive orders — this time on ‘the implementation of human rights treaties.’ In Executive Order 13107, Clinton sets up a new federal bureaucracy for the purpose of implementing U.N. treaties, whether ratified by the U.S. Senate or not. And that federal bureaucracy will implement the treaties on the U.N.'s terms...."
"HUMAN RIGHTS" ARE CONFERRED BY POLITICIANS AND BUREAUCRATS
"Though President Clinton said he issued the order to further his goal of promoting human rights around the world, it's important to understand exactly how the U.N. defines ‘human rights.’...article 29 of the U.N. document...states: ‘These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.’"
U.N. "RIGHTS" ARE THE ENEMY OF "GOD-GIVEN RIGHTS"
"That pretty much explains who the ‘massa’ is and where the plantation boundaries end. What a stark contrast between the U.N. Declaration of Human Rights, and the founding documents of the United States of America. The Declaration of Independence and Constitution both make it clear that basic human rights are inalienable, meaning they descend from the ultimate Sovereign, the Creator, God. Therefore, no human authority, no government, no criminal, no individual can abrogate or abridge those rights."
KOFI ANNAN GIVETH AND TAKETH AWAY
"Remember, any right government can bestow upon a people, it can just as easily take away. This is a profound principle Americans have forgotten. The day they accept the principle that rights descend from government authority is the day they lose their freedoms. It's as simple as that.
"In effect, that is what Executive Order 13107 decrees. It's an attempt by Bill Clinton to persuade Americans that human rights descend not from God but from worldly government authorities — with the ultimate authority represented by the United Nations."
NO RIGHTS FOR APOSTATES FROM THE NEW WORLD ORDER
"In other words, the U.N. believes people have the right to dissent, unless it's a dissent against the United Nations. It reminds me of the old Soviet model. There it was even more bluntly stated: ‘There can be no place for freedom of speech, press, and so on for the foes of socialism.’ Basically, the U.N. has rewritten that maxim: ‘There can be no place for freedom of speech, press, and so on for the foes of the United Nations.’
"The U.N. practices what it preaches, too. In Bosnia, the U.N. forces have seized control of radio and TV stations broadcasting pro-Serbian news and propaganda. In fact, U.S. troops participated in those raids. How does one justify such actions under the U.S. Constitution, which explicitly recognizes the rights of all people — not just Americans — to speak their minds and express themselves freely?..."
IMPEACHED PRESIDENT EXERCISES IMPERIAL POWERS — AS CONGRESS DIDDLES
"Executive orders are supposed to be a presidential tool for running the executive branch of government. Clinton has used them freely during his terms in office to make policy affecting other branches of government, the states, and individuals. Now, with 13017, he's attempting to implement international treaties! Executive orders were never intended to be used as imperial orders.
"Once again, though, the only people with the authority to curb the misuse of executive orders are the members of Congress, who have 30 days from the issuance of an order to reject it by majority vote. Trouble is, they seldom bother to read them. And the press seldom bothers to cover them — even when they represent sweeping new interpretations of human rights and compromises of U.S. national sovereignty."
WHEN WILL CONGRESS WAKE UP?
"It's time for Congress not only to reject Executive Order 13017, but also to review, in the context of the ongoing impeachment process, all of President Clinton's more than 200 executive orders. In both substance and in intent, they represent one of the worst abuses of power in an administration characterized by abuse of power."