"The Rule of Necessity" March 9, 1933
Fri Jun 30, 2006 14:56
 
 

"War Powers Act"
"The Rule of Necessity" March 9, 1933

GOOGLE: 88 for "The Rule of Necessity"


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America's Constitutional Dictatorship
First published in July 1996 by the North Bridge News
http://www.worldnewsstand.net/2001/article/21facts.htm

"National Emergency: A state of national crisis; a situation demanding immediate and extraordinary national or federal action" Black's Law Dictionary

"I think of all the damnable heresies that have ever been suggested in connection with the Constitution, the doctrine of emergency is the worst. It means that when Congress declares an emergency, there is no Constitution... for when this bill becomes a law, ...there is no longer any workable Constitution to keep the Congress within the limits of its Constitutional powers." -Spoken by Congressman Beck in 1933 prior to the passage of the Farm Bill.

Once an emergency is declared, there is no Constitution. Senate Report 93-549 (written by Congress in 1973) states in the very first sentence

"Since March the 9th, 1933, the United States has been in a state of declared national emergency. 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... control the lives of all American citizens"

This situation has continued absolutely uninterrupted since March 9, 1933. We have been in a state of declared national emergency for nearly 63 years without knowing it.

According to current laws, as found in 12 USC, Section 95(b), everything the President or the Secretary of the Treasury has done since March 4, 1933 is automatically approved:

"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 4th, 1933, pursuant to the authority conferred by Subsection (b) of Section 5 of the Act of October 6th, 1917, as amended [12 USCS Sec. 95a], are hereby approved and confirmed. (Mar. 9, 1933, c. 1, Title 1, Sec. 1, 48 Stat. 1]".

On March 4, 1933, Franklin D. Roosevelt was inaugurated as President. On March 9, 1933, Congress approved, in a special session, his Proclamation 2038 that became known as the Act of March 9, 1933:

"Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That the Congress hereby declares that a serious national emergency exists and that it is imperatively necessary speedily to put into effect remedies of uniform national application".

This is an example of the Rule of Necessity, a rule of law where necessity knows no law. This rule was invoked to remove the authority of the Constitution. Chapter 1, Title 1, Section 48, Statute 1 of this Act of March 9, 1933 is the exact same wording as Title 12, USC 95(b) quoted earlier, proving that we are still under the Rule of Necessity in a declared state of national emergency.

12 USC 95(b) refers to the authority granted in the Act of October 6, 1917 (a/k/a The Trading with the Enemy Act or War Powers Act) which was "An Act to define, regulate, and punish trading with the enemy, and for other purposes". This Act originally excluded citizens of the United States, but in the Act of March 9, 1933, Section 2 amended this to include "any person within the United States or any place subject to the jurisdiction thereof". It was here that every American citizen literally became an enemy to the United States government under declaration.

According to the current Memorandum of American Cases and Recent English Cases on The Law of Trading With the Enemy, we have no personal Rights at law in any court, and all Rights of an enemy (all American citizens are all declared enemies) to sue in the courts are suspended, whereby the public good must prevail over private gain. This also provides for the taking over of enemy private property. Now we know why we no longer receive allodial freehold title to our land... as enemies, our property is no longer ours to have.

The only way we can do business or any type of legal trade is to obtain permission from our government by means of a license.

So who initiated all of these emergency powers?

On March 3, 1933, the Federal Reserve Bank of New York adopted a resolution stating that the withdrawal of currency and gold from the banks had created a national emergency, and "the Federal Reserve Board is hereby requested to urge the President of the United States to declare a bank holiday, Saturday March 4, and Monday, March 6".

Roosevelt was told to close down the banking system. He did so with Proclamation 2039 under the excuse of alleged unwarranted hoarding of gold by Americans. Then with Proclamation 2040, he declared on March 9, 1933 the existence of a national bank emergency whereas

"all Proclamations heretofore or hereafter issued by the President pursuant to the authority conferred by section 5(b) of the Act of October 6, 1917, as amended, are approved and confirmed".

Once an emergency is declared, there is no common law and the Constitution is automatically abolished. We are no longer under law. Law has been abolished. We are under a system of War Powers. Our stocks, bonds, houses, and land can be seized as Americans are considered enemies of the state. What we have is not ours under the War Powers given to the President who is the Commander-in-Chief of the military war machine.

Whenever any President proclaims that the national emergency has ended, all War Powers shall cease to be in effect. Congress can do nothing without the President's signature because Congress granted him these emergency powers. For over 60 years, no President has been willing to give up this extraordinary power and terminate the original proclamation. Americans are an enemy subject to tribunal district courts under Martial Law wartime jurisdiction; a Constitutional Dictatorship.

For an excellent piece on this topic, see the work of Dr. Eugene Schroder, et al, 1979 to present.

From Data On The Web and Archives,
and the work of Dr. Eugene Schroder, et al, 1979 to present.
I have placed it on the web in this edition, that the data may not be lost.
http://www.barefootsworld.net/srwep.html

We as a Nation are in a State of Constitutional and Social Emergency!

The Rules have been changed, and We, the People have been deliberately kept ignorant of the Truth!
http://www.barefootsworld.net/srwep.html

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War and the Emergency Powers
Senate Report 93-549
War and Emergency Powers Acts,
Executive Orders and the New World Order
The Introduction to Senate Report 93-549 (93rd Congress, 1st Session, 1973) summarizes the situation that we face today - except it is far worse today than it was in 1973 !!

War and The Emergency Powers and The Gold-Fringed Flag

http://www.apfn.org/apfn/1933.htm


FPF-fwd. Rick Stanley
IN THE US THE PEOPLE ARE THE ENEMY ?
Sun Jan 9, 2005 03:02
http://www.apfn.net/Messageboard/01-10-05/discussion.cgi.40.html

The Law
http://www.apfn.org/apfn/thelaw.htm

The Declaration of Independence
http://www.apfn.org/apfn/declaration.htm

. "PROOF" - Homeland Security was Planned Way Before 9/11
America is screwed! "Proof" - Homeland Security was planned way before 9/11! & The USA PATRIOT Act Was Planned Before 9/11 The New World Order Isn't Coming....It is Already here....
http://www.apfn.org/apfn/WTC_homeland.htm

Executive Summary of U.S. Commission on National Security Report
S. Commission on National Security Report Executive Summary of U.S. Commission on National Security Report Washington File 31 January 2001 (Group urges structural,
http://www.apfn.org/apfn/security.htm

Four Washington "Wise Men" Discuss America in the Age of Terrorism
of Democratic Party nat'l security experts discussing Bush administration policy in addressing terrorism. Panel: Lee Hamilton, former Chairman, House Select Cmte on Intelligence;
http://www.apfn.org/apfn/WTC_discussion.htm


RESPONSE TO TERRORISM
Hamdan v. Rumsfeld
Neal Katyal, lead attorney, in Hamdan v. Rumsfeld joins a panel discussion on the Supreme Court decision. The high court ruled 5-3 that Pres. Bush did not have the authority to set up military tribunals in Guantanamo.

WATCH:
Supreme Court Oral Argument: Hamdan v. Rumsfeld (03/28/2006)


Hamdan v. Rumsfeld
Argument Date: March 28, 2006
Decision Date: June 29, 2006
The Supreme Court held that Congress did not take away the Court's authority to rule on the validity of military commissions, and that President Bush did not have the authority to set up the tribunals at Guantanamo Bay, Cuba. The Court also ruled that military commissions are illegal under both military justice law and the Geneva Convention. Chief Justice John G. Roberts, Jr. recused himself from the case. He heard the case while on the DC Court of Appeals and ruled in favor of the government.

Justice Stevens delivered the opinion of the Court. He's joined by Justices Kennedy, Souter, Ginsburg & Breyer. Dissents: Justices Scalia, Thomas & Alito
Listen to Argument
Read Decision
http://www.c-span.org/special/scourt.asp
 

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