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International Emergency Economic Powers Act
Tue Sep 9 16:04:00 2003
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International Emergency Economic Powers Act
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xecutive Orders for Federal Takeover!
Commentary by Richard W. Stevens, Esq.

Does the Federal Government have the legal authority to take control and
directly rule the United States? The shocking answer is YES. The U.S.
military action in Yugoslavia and the Middle East could trigger certain
federal statutes and presidential executive orders which would empower a
national takeover. Check these facts for yourself.

Executive Power Over “Energy”

Congress in 1950 gave the President the power "to allocate materials,
services, and facilities ... to such extent as he shall deem necessary or
appropriate to promote the national defense." Under this Defense
Production Act, the President "by rule or order" may "control the
distribution" of goods and services in the civilian sector, so long as he
issues a "finding" that these things are "scarce, critical, and essential"
to maintain or expand the "energy supplies" of the nation.

To invoke this power, the President must make a "finding." A finding is
just a paper document that gives explanations.

The President can authorize his cabinet Secretaries to independently wield
his power. Executive Order 12919 gave key cabinet Secretaries the legal
authority to "allocate materials, services, and facilities as deemed
necessary or appropriate to promote the national defense." The Federal
Emergency Management Agency (FEMA) will resolve any conflicts between the
edicts of these appointed commissars.

Executive Power over "Foreign" Interests

Congress gave the President more power with the International Emergency
Economic Powers Act. Under this IEEPA, the President may issue regulations
to "investigate, regulate, direct and compel, nullify ... any acquisition,
holding, ... use, transfer, ... [or] transactions involving any property in
which any foreign country or [citizen]" has an interest. Under this Act,
huge industries can be halted, and private property "frozen" -- merely
because a targeted foreign national owns some small part of that industry
or property.

The President can exercise these IEEPA powers "to deal with any unusual and
extraordinary threat" to the national security or economy, if that threat
in any way comes from outside the U.S. The President simply declares a
"national emergency" and he gets these sweeping powers. Whatever the
President deems to be an "unusual and extraordinary threat" will be enough
to justify his use of the IEEPA.

Executive Order for "Emergency Preparedness"

Under Executive Order 11490, the President can take control of nearly every
industry, resource, facility and person in the United States. This
concentration of powers in the hands of the President was originally
explained by the threat of "a massive nuclear attack." A nuclear attack is
not necessary, however. To implement this Order, there needs only to be a
"national emergency type situation" and an act of Congress or an "order or
directive issued by the President."

This Order directs all of the Cabinet Departments and the major agencies to
develop plans to control their respective function areas. Banking and
financial markets, electric and atomic power, communications,
transportation, agriculture, health care and labor all fall under federal
control. The plans are already developed -- now all they need is an "emergency."

International Emergency Economic Powers Act
Searched the web for International Emergency Economic Powers
Act. Results 1 - 10 of about 321,000
CLICK FOR FULL REPORT:
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CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE

MEREDITH v. ERATH, No. 02-55021 (9th Cir. September 08, 2003)
An IRS agent was not entitled to qualified immunity in claims of
excessive force and wrongful detention, as a reasonable agent would
know that such conduct violated the Fourth Amendment; the agent is
entitled to qualified immunity for detention of plaintiff during a search.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0255021p.pdf