
FAQ Regarding the War and Emergency Powers of the President

Most American's have not been taught that since March 9, 1933 the president has
had total authoritarian control over them through a state of declared national
emergency.  This authority is called the "war powers" and is the very authority
that President Clinton used in the recent bail out of Mexico over Congresses
objection.


Q:  What are the war and emergency powers of the president?

A:  They are the powers of all three branches of government being given to the
president during time of war or declared national emergency.


Q:  Does the president possess these powers during times of peace?

A:  Only over citizens of enemy countries living or working within the United
States.  To be applicable over US citizens, it must be during times of
Rebellion or Invasion and when the public safety may require it, however, every
president since March 9, 1933 have exercised these powers over US citizens.
This legislation authorizes executive orders.  The opening line in Senate
Report 93-549 reads:  "Since March the 9th, 1933, the United States has been in
a state of declared national emergency."


Q:  What is a declared national emergency?

A:  NATIONAL EMERGENCY:  (as defined in Black's Law Dictionary) A state of
national crisis;  a situation demanding immediate and extraordinary national or
federal action.  Congress has made little or no distinction between a "state of
national emergency" and a "state of war". Brown v. Bernstein, D.C.Pa., 49
F.Supp.  728, 732.


Q:  What legislation gives the president this broad range of executive powers?

A:  The "Emergency in Banking Relief Act" passed March 9, 1933 (48 Stat 1) in
combination with the "Trading with the Enemy Act" passed October 6'th, 1917 (40
Stat. 411).  Codified in 12 USC Section 95a and 95b.


Q:  What is the Banking Holiday of 1933?

A:  As defined in Black's Law Dictionary:  Presidential Proclomations No. 2039
issued March 6, 1933, and No. 2040, issued March 9, 1933 temporarily suspended
banking transactions by member banks of the Federal Reserve System.  Normal
banking functions were resumed on March 13,1933 subject to federal
restrictions.  The first proclomation, it was held, had no authority in law
until the passage on March 9, 1933, of a ratifying act (12 USC 95b).  Anthony
v. Bank of Wiggins, 183 Miss. 885, 184 So. 626. The present law forbids member
banks of the Federal Reserve System to transact banking business, except under
regulations of the Secretary of the Treasury, during an emergency proclaimed by
the President. 12 USC 95a.


Q:  What is Title 12 USC Section 95a and 95b?

A:  12 USC Section 95a (Chapter 1, Title I, Section 2 of 48 Statute 1) amends
the terms of the "Trading with the enemy Act"  of October 6'th, 1917
(Subdivision b of section 5 of 40 Statute 411) to reclassify citizens of the
United States of America to be included within the classification of an enemy.
12 USC Section 95b (Chapter 1, Title I, Section 1 of 48 Statute 1) ratifies all
future orders of the president with respect to regulating enemies. Quoting 95b
- "The actions, regulations, rules, licenses, orders and proclamations
heretofore or hereafter taken, promulgated, made, or issued by the President of
the United States or the Secretary of the Treasury since March the 4'th, 1933,
pursuant to the authority conferred by Subsection (b) of Section 5 of the Act
of October 6'th, 1917, as amended [12 USCS Sec. 95a], are hereby approved and
confirmed. (Mar. 9, 1933, Chapter 1, Title I, Section 1 of 48 Statute 1)".


Q:  Does the president have dictatorial type powers under this statute?

A:  Yes.  Quoting from Senate Report 93-549, "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 transportation and communication; regulate the
operation of private enterprise; restrict travel; and, in a plethora of
particular ways, control the lives of all American citizens"


Q:  What does the 1973 Senate Report 93-549 say in its opening sentence?

A:  "Since March the 9'th, 1933, the United States has been in a state of
declared national emergency."


Q:  Please give more excerpts from the 1973 Senate Report 93-549

A:  Remember, our legislators wrote Report 93-549 and this document talks about
these emergency powers and they say:

"Since March the 9'th, 1933, the United States has been in a state of declared
national emergency." "A majority of the people of the United States have lived
all their lives under emergency rule." "For 40 years, freedoms and governmental
procedures guaranteed by the Constitution have, in varying degrees, been
abridged by laws brought into force by states of national emergency." "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 transportation and
communication; regulate the operation of private enterprise; restrict travel;
and, in a plethora of particular ways, control the lives of all American
citizens" "And, in the United States, actions taken by the government in times
of great crisis have  from, at least, the Civil War, in important ways shaped
the present phenomenon of a permanent state of national emergency." "They are
quite careful and restrictive on the power, but the power to suspend is
specifically contemplated by the Constitution in the Writ of Habeas Corpus."
"48 Stat. 1. The exclusion of domestic transactions, formerly found in the Act,
was deleted from Sect. 5 (b) at this time." - Our Congress wrote that in the
year 1973. In the section entitled, "Emergency Administration", the senate
report says:  "Organizationally, in dealing with the depression, it was
Roosevelt's general policy to assign new, emergency functions tonewly created
agencies, rather than to already existing departments." Thus, thousands of
"temporary" emergency agencies, are now sitting out there with emergency
functions to rule us in all cases whatsoever.


Q:  What legislative event took place on March 9, 1933?

A:  48 Statute 1 was ratified and Chapter 1, Title I, Section 1 of 48 Statute 1
granted the president full dictatorial control over all persons and property
with enemy status.  In section 2 of that same Act, the "Trading with the enemy
Act" (40 Statute 411) was amended at Section 5 Subdivision (b) to include US
citizens and their property under the jurisdiction of enemy statutes.


Q:  Where does Title 12 USC Section 95a and 95b originate?

A:  It comes from the "Trading with the Enemy Act" (40 Stat 411), and was
amended by recommendation proposed by the Federal Reserve Board in 1933.  95a
and 95b is found at Chapter 1, Title I, Section 1,2 of 48 Statute 1, March 9,
1933.


Q:  What is the Trading with the Enemy Act of October 6, 1917?

A:  It is found at 40 Stat 411 and gives the president full authoritarian
control of citizens of enemy countries living or working in this country, and
their property within the United States or its possessions.


Q:  How does the Trading with the Enemy Act of October 6, 1917, as amended
differ from its predecessor?

A:  The clause "other than credits relating solely to transactions to be
executed wholly within the United States" was deleted, and the clause "other
than citizens of the United States" was changed to read "any person within the
United States or anyplace subject to the jurisdiction thereof"


Q:  Can an enemy of the United States living within this country conduct
commercial intercourse without a license or permit?

A:  No.


Q:  Are we as American citizens defined as "the enemy" under Title 12 Section
95a and 95b?

A:  Yes - 12 USC 95b (Chapter 1, Title I, Section 1 of 48 Statute 1) granted
the president full doctoral control over all persons and property with enemy
status.  12 USC 95a (Chapter 1, Title I, Section 2 of 48 Statute 1) amended the
"Trading with the enemy Act" (40 Statute 411) at Section 5 Subdivision (b) to
include US citizens and their property under the jurisdiction of these enemy
statutes.


Q:  If we as American citizens are defined as being "the enemy" to the US
government then is our property regarded as "prize"?

A:  No.  It is regarded as "Booty"  This is explained in the "War Powers"
report and the term "prize" is defined in Bouvier's Law Dictionary as: "Goods
taken on land from a public enemy are called booty; and the distinction between
a prize and booty consists in this, that the former is taken at sea and the
latter on land."


Q:  What is Admiralty Law or Statutory Law as opposed to the Common Law?

A:  Admiralty Law is the law of the sea and is not constitutional law. Common
Law is Constitutional law as indicated by the seventh amendment.  Under
emergency rule, the admiralty law is applicable within the Land.  Admiralty
jurisdiction has been conferred to the courts, thus displacing the common law.


Q:  Under Title 12 USC Section 95a and 95b does the president and secretary of
the treasury need to ask Congress for approval on any actions or are they
already approved and confirmed under this statute?

A:  12 USC 95b says: "The actions, .... hereafter taken, ...by the President of
the United States or the Secretary ....  are hereby approved and confirmed."
Quoting 95b in its entirety: "The actions, regulations, rules, licenses, orders
and proclamations heretofore or hereafter taken, promulgated, made, or issued
by the President of the United States or the Secretary of the Treasury since
March the 4'th, 1933, pursuant to the authority conferred by Subsection (b) of
Section 5 of the Act of October 6'th, 1917, as amended [12 USCS Sec. 95a], are
hereby approved and confirmed. (Mar. 9, 1933, Chapter 1, Title I, Section 1 of
48 Statute 1)".


Q:  During times of peace and normal constitutional operations of our
government does the  president have the power to issue executive orders, or is
this strictly a war power?

A:  It is strictly a war power.  The constitution Article 1 Section 7 explains
that a Law is created by proposing a bill in the house or senate, and then it
goes to the president.  Executive orders are issued by the president without
the consent of congress or the senate.


Q:  Under the current law codified in Title 12 USC Section 95a and 95b does the
president have the power to suspend the constitution?

A:  Yes - Since 95b has allowed the president to abridge parts of the
constitution, there is nothing to stop him from suspending the whole
constitution except for the reaction of the people.


Q:  Has the constitution been suspended?

A:  Effectively it has.  Admiralty jurisdiction has been conferred to the
courts, thus displacing the common law.  The constitution has been reduced from
the supreme law of the land, using the "original understanding" doctrine, to a
regulation which views the constitution as and "evolutionary document".


To learn more about the war and emergency powers of the president and the
national emergency that governs our country today, contact:  American Freedom
Coalition 214-826-5899 or fax 214-826-5896 or open url
http://www.metronet.com/afc/afchome.html

