HISTORY OF PRESIDENTIAL EXECUTIVE POWER ORDERS

A STATE OF NATIONAL EMERGENCY OR INTERNATIONAL EMERGENCY IS A GOVERNMENTAL DECLARATION THAT MAY SUSPEND SOME NORMAL FUNCTIONS OF THE EXECUTIVE, LEGISLATIVE AND JUDICIAL POWERS, ALERT CITIZENS TO CHANGE THEIR NORMAL BEHAVIOR, OR ORDER GOVERNMENT AGENCIES TO IMPLEMENT EMERGENCY PREPAREDNESS PLANS. IT CAN ALSO BE USED AS A RATIONALE FOR SUSPENDING RIGHTS AND FREEDOMS EVEN IF GUARANTEED UNDER THE CONSTITUTION. SUCH DECLARATION USUALLY COMES DURING A TIME OF NATURAL OR MAN MADE DISASTERS DURING PERIODS OF CIVIL UNREST OR FOLLOWING A DECLARATION OF WAR OR SITUATION OF INTERNATIONAL OR INTERNATIONAL ARMED CONFLICT, JUSTITIORM IS ITS EQUIVALENT IN ROMAN LAW "STATE OF NATIONAL EMERGENCY.

PRESIDENT WASHINGTON OUR FIRST PRESIDENT INVOKED A PRESIDENT PROCLAMATION/EXECUTIVE ORDER AUGUST 17, 1794 AND TOOK COMMAND OT THE MILITIA TO PUT DOWN A REBELLION OF WEST PENNSYLVANIA, VIRGINIA, AND THE CAROLINA'S APPOSING TAXES ON WHISKEY.

PRESIDENT LINCOLN WAS THE SECOND PRESIDENT TO SUPERSEDE CONGRESS AND THE CONSTITUTION BY ENACTING A STATE OF NATIONAL EMERGENCY TO MEET THE CHALLENGE OF SECESSION TO SUSPEND HABEAS CORPUS, IMPOSE A NAVEL BLOCKADE AND PROVIDE UNAPPROPRIATED FUNDS FOR THE PURCHASE OF MILITARY EQUIPMENT, AND SEIZE PERSONAL PROPERTY AND LAND USING THE FACT THAT NO STATE UNDER THE UNITED STATES (UNION) UNDER THE CONSTITUTION WERE ALLOWED TO SECEDE FROM THE UNION.

IN 1917 THE PRESIDENT DECLARED A NATIONAL EMERGENCY UNDER THE TRADING WITH THE ENEMY ACT EMPOWERING THE PRESIDENT TO INVESTIGATE, REGULATE OR PROHIBIT UNDER SUCH RULES TO REGULATE AS HE MAY PRESCRIBE.

IN THE 1930'S PRESIDENT ROOSEVELT DECLARED A NATIONAL EMERGENCY, AND USED FOR HIS AUTHORITY THE 1917 TRADING WITH THE ENEMY ACT, AGAIN AUTHORIZING THE PRESIDENT TO

SUPERSEDE THE CONSTITUTION AND CONGRESS IN HIS COMPLETE AUTHORITY OVER THE UNITED STATES AND ITS CITIZENS.

PRESIDENT HARRY TRUMAN EXERCISED HIS EXECUTIVE AUTHORITY UNDER A DECLARED EMERGENCY TO SEIZE AL THE STEEL MILLS REPRESENTING HIS AUTHORITY WITHOUT LAW.

THE PROBLEM WITH THE PRESIDENTIAL EXECUTIVE AUTHORITY UNDER THE DECLARATION OF A NATIONAL OR INTERNATIONAL EMERGENCY, IN ALL CASES THOSE DECLARATIONS UNDER PRESIDENTIAL AUTHORITY HAVE REMAINED IN PLACE UNDER A STANDBY STATUS SO THAT PRESIDENTS CAN DECLARE AN EMERGENCY THEN ISSUE AN EXECUTIVE ORDER INCREASE THE PRESIDENTS POWER OVER THE UNITED STATES AND ITS CITIZENS WITHOUT CONGRESS AND OVERPOWERING THE UNITED STATES CONSTITUTION.

IN MY OPINION THIS IS A COMPLETE FLAW IN OUR GOVERNMENT SYSTEM AND GOVERNMENT AUTHORITY, AND IT NEEDS TO BE ADDRESSED AND CONGRESS AND THE SENATE NEED TO ADDRESS THIS ISSUE AND PASS A LAW THAT PROHIBITS THE PRESIDENTIAL TOTALITARIANISM RULE GIVING THE PRESIDENT UNLIMITED POWERS. READ POST BELOW TO FURTHER UNDERSTAND PRESIDENTIAL EMERGENCY POWERS

NATIONAL EMERGENCY POWERS ACT (50 U.S.C. 1601-1651)

POWERS OF THE PRESIDENT ARE NOT LIMITED TO MILITARY OR WAR SITUATIONS, STATUARY DELEGATIONS FROM CONGRESS EXIST ON A STAND BY BASIS AND REMAIN DORMANT UNTIL THE PRESIDENT FORMALLY DECLARES A NATIONAL EMERGENCY. THE DELEGATIONS OR GRANTS OF POWER AUTHORIZE THE PRESIDENT TO MEET THE PROBLEMS OF GOVERNING IN TIMES OF CRISIS. UNDER THE POWERS DELEGATED BY SUCH STATUTES THE PRESIDENT MAY; SEIZE PROPERTY, ORGANIZE AND CONTROL THE MEANS OF PRODUCTION, SEIZE COMMODITIES, ASSIGN MILITARY FOR ABROAD, INSTITUTE MARSHALL LAW, SEIZE AND CONTROL ALL TRANSPORTATION & COMMUNICATIONS, REGULATE THE OPERATION OF PRIVATE ENTERPRISE, RESTRICT TRAVEL, AND IN VARIOUS WAYS CONTROL THE LIVES OF UNITED STATES CITIZENS. THESE POWERS HAVE BEEN GIVEN AND ADDED TO BY CONGRESS FOR OVER 200 YEARS. UNTIL SEPTEMBER 14, 1976, THERE WERE (4) PRESIDENTIAL EXECUTIVE ORDER NATIONAL EMERGENCY DECLARATIONS STILL IN EFFECT. THEY WERE 1933, 1950, 1970 & 1971. ON SEPTEMBER 14, 1976 THE PRESIDENT SIGNED INTO LAW ONE CHANGE IN THE NATIONAL EMERGENCY POWERS ACT. THAT CHANGE WAS WHEN A PRESIDENT ISSUED AN EXECUTIVE ORDER OF A STATE OF EMERGENCY THAT EXECUTIVE ORDER WAS ONLY GOOD FOR (1) YEAR FROM THE DATE ISSUED, BUT SINCE FOR 200 YEARS THE EXECUTIVE POWERS WAS SO INTERTWINED THE AUTHORITY UNDER THOSE POWERS WERE NOT CHANGED. ON DECEMBER 11, 2011, CONGRESS CHANGED THE NATIONAL EMERGENCY POWERS ACT TO THE "NATIONAL DEFENSE AUTHORIZATION ACT (NDAA) WHICH INCORPORATED MOST OF THE THE PRESIDENTIAL POWERS UNDER THE NATIONAL EMERGENCY POWERS ACT (50 U.S.C. 1601-1651) BUT ADDED THE RIGHT OF THE MILITARY TO INCARCERATE AMERICAN CITIZENS WITHOUT DUE PROCESS AND FOR AN INDEFINITE PERIOD OF TIME UNTIL THE NATIONAL EMERGENCY DECLARATION IS NO LONGER IN EFFECT SIGNED BY THE PRESIDENT DECEMBER 31 2011. ALL THE PRESIDENTS AUTHORITY TO USE MILITARY FORCE FALL UNDER THE "NATIONAL EMERGENCY POWERS ACT ("NEPA"), THE " NATIONAL SECURITIES ACE JULY 26, 1947 (NSA), THE "INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT ("IEEPA"), THE "TRADING WITH THE ENEMY ACT (TWEA) AND NOW THE "NATIONAL DEFENCE AUTHORIZATION ACT (NDAA) 2012 WHICH WAS SIGNED BY THE DECEMBER 31, 2011. ALL THESE EMERGENCY POWERS ACTS ARE ALL TIED TOGETHER GOING BACK TO PRESIDENT LINCOLN AND THEY INCLUDE THE AUTHORITY FROM CONGRESS THE USE OF MILITARY FORCE WITHOUT CONGRESSIONAL APPROVAL OFFER SHORE AGAINST ANY NATION. ON FEBRUARY 5 2012 PRESIDENT OBAMA ISSUED AN EXECUTIVE ORDER DECLARING A NATIONAL EMERGENCY, WHICH UNDER NDAA AUTHORIZING MILITARY ACTION AGAINST IRAN OR ANY OTHER COUNTRY UNTIL DECEMBER 30, 2012. NDAA ALSO ORDERED THE PROPER AUTHORITY TO EVALUATE THE MILITARY CAPABILITY OF IRAN, RUSSIA AND CHINA. (CLICK BELOW ON jtinnevada YouTube CHANNEL AND VIEW THE C-SPAN YouTube READING OF THE EXECUTIVE ORDER IN CONGRESS FEBRUARY 6, 2012, BY THE CONGRESSIONAL READING CLERK.)