Apr 13, 2012 | Constitution, Globalism, Take Action
By Dr. Harold Pease
The Founding Fathers’ concept of separation of powers has been heavily altered the last fifty years. The Constitution allowed only the Legislative Branch to make federal law (Art. I, Sec. I, Clause I). A law’s review by 536 individuals (435 members of the House, 100 Senators and 1 President) served as a filter for bad law as only one bill in thirty survived the rigid scrutiny of both branches and bore the signature of the President.
In light of the President’s recent Executive Order, National Defense Resources Preparedness, signed March 16, 2012, which should be the focus of considerable media attention, we need to examine the constitutionality of the executive order process that increasingly allows the executive branch to replace Congress as the principal law-making branch. But first a reminder of what this Executive Order does.
By a mere stroke of the pen President Barack Obama renewed and expanded the Bill Clinton, June 3,1994, National Defense Industrial Resources Preparedness, Executive Order 12919, that authorized the executive department’s take-over, in case of a national emergency, of all civil transportation including the “movement of persons and property by all modes of transportation … within the United States.” Other things specifically listed to be under his sole control were: all forms of energy, all farm equipment, all food resources, all food resources facilities, all health resources, and all water resources (Section VIII). National emergency was never adequately defined therefore, presumably, left to the discretion of the President alone as to when such conditions warranted his implementation or removal of the emergency.
Section 102 of the Obama decree broadened the Clinton E.O. to apply “in peacetime and in national emergency” which means that parts of the edict are in effect with his signature alone without any emergency identified. We no longer need to wait for an emergency. Moreover, according to Section 103(b), compliance can be forced upon all needed “subcontractors and suppliers, materials, skilled labor, and professional and technical personnel.” Imagine private contractors being required to serve against their will. Conspicuously omitted was any role for Congress in this “martial law type” edict.
Today, though the E.O. process, the President makes half as many laws (decrees if you prefer) as does the Legislative Branch—about three a week. Some few laws of Congress need a statement of implementation by the president. For example, President Washington was directed by Congress to create Thanksgiving Day as a national holiday. This he did by Executive Order, which was constitutional. An executive order, if it simply implements a single, recently passed (within weeks), law of Congress is fine. But, when he instead takes multiple pieces of many laws passed by ancient congresses, he effectively creates new law without any review and unconstitutionally usurps the powers of Congress. This has happened through much of the 20th Century.
Even more blatantly unconstitutional is the practice of presidents, beginning with Richard Nixon, of not even attempting to justify their Executive Orders with ancient pieces of authorization, instead, just decreeing something to be law. These are known as presidential decrees and differ little from monarchical, or dictatorial decrees.
The National Defense Resources Preparedness Executive Order opens, as all do, with a statement of authority that one must scrutinize to determine if the President is making new law or carrying out a specific, recent, congressional request. “By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S. C. App. 2061 et seq.), and section 301 of title 3. United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:” is designed to sound official. If the reader cannot specifically go to the source of authority and read it, then the general statement is but window dressing. Phrases “as President by the Constitution” or, “as Commander in Chief of the Armed Forces” establish no specific authority. The Constitution gives no authority for such an edict. One, recently cited, law by Congress specifically requesting the President to do something is definitely needed to make this executive order valid and the best the President was able to do was go back sixty-two years and make up stuff to go with the 1950 law as Bill Clinton did in 1994.
Except for the few executive orders which require a statement of implementation by the president, all other types of executive orders are unconstitutional and must stop. If they do not, the inevitable will happen—Congress will nullify itself and dictatorial decrees will be the standard.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his articles, please visit www.LibertyUnderFire.org.
Barack Obama, Bill Clinton, Constitution, Executive Order 12919, Executive Orders not always constitutional, Executive Orders should not make law, Legislative brance alone to make law, Martial Law Executive Order, National Defense Resources Preparedness
Apr 13, 2012 | Constitution, Globalism, Take Action
By Dr. Harold Pease
The Founding Fathers’ concept of separation of powers has been heavily altered the last fifty years. The Constitution allowed only the Legislative Branch to make federal law (Art. I, Sec. I, Clause I). A law’s review by 536 individuals (435 members of the House, 100 Senators and 1 President) served as a filter for bad law as only one bill in thirty survived the rigid scrutiny of both branches and bore the signature of the President.
In light of the President’s recent Executive Order, National Defense Resources Preparedness, signed March 16, 2012, which should be the focus of considerable media attention, we need to examine the constitutionality of the executive order process that increasingly allows the executive branch to replace Congress as the principal law-making branch. But first a reminder of what this Executive Order does.
By a mere stroke of the pen President Barack Obama renewed and expanded the Bill Clinton, June 3,1994, National Defense Industrial Resources Preparedness, Executive Order 12919, that authorized the executive department’s take-over, in case of a national emergency, of all civil transportation including the “movement of persons and property by all modes of transportation … within the United States.” Other things specifically listed to be under his sole control were: all forms of energy, all farm equipment, all food resources, all food resources facilities, all health resources, and all water resources (Section VIII). National emergency was never adequately defined therefore, presumably, left to the discretion of the President alone as to when such conditions warranted his implementation or removal of the emergency.
Section 102 of the Obama decree broadened the Clinton E.O. to apply “in peacetime and in national emergency” which means that parts of the edict are in effect with his signature alone without any emergency identified. We no longer need to wait for an emergency. Moreover, according to Section 103(b), compliance can be forced upon all needed “subcontractors and suppliers, materials, skilled labor, and professional and technical personnel.” Imagine private contractors being required to serve against their will. Conspicuously omitted was any role for Congress in this “martial law type” edict.
Today, though the E.O. process, the President makes half as many laws (decrees if you prefer) as does the Legislative Branch—about three a week. Some few laws of Congress need a statement of implementation by the president. For example, President Washington was directed by Congress to create Thanksgiving Day as a national holiday. This he did by Executive Order, which was constitutional. An executive order, if it simply implements a single, recently passed (within weeks), law of Congress is fine. But, when he instead takes multiple pieces of many laws passed by ancient congresses, he effectively creates new law without any review and unconstitutionally usurps the powers of Congress. This has happened through much of the 20th Century.
Even more blatantly unconstitutional is the practice of presidents, beginning with Richard Nixon, of not even attempting to justify their Executive Orders with ancient pieces of authorization, instead, just decreeing something to be law. These are known as presidential decrees and differ little from monarchical, or dictatorial decrees.
The National Defense Resources Preparedness Executive Order opens, as all do, with a statement of authority that one must scrutinize to determine if the President is making new law or carrying out a specific, recent, congressional request. “By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S. C. App. 2061 et seq.), and section 301 of title 3. United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:” is designed to sound official. If the reader cannot specifically go to the source of authority and read it, then the general statement is but window dressing. Phrases “as President by the Constitution” or, “as Commander in Chief of the Armed Forces” establish no specific authority. The Constitution gives no authority for such an edict. One, recently cited, law by Congress specifically requesting the President to do something is definitely needed to make this executive order valid and the best the President was able to do was go back sixty-two years and make up stuff to go with the 1950 law as Bill Clinton did in 1994.
Except for the few executive orders which require a statement of implementation by the president, all other types of executive orders are unconstitutional and must stop. If they do not, the inevitable will happen—Congress will nullify itself and dictatorial decrees will be the standard.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his articles, please visit www.LibertyUnderFire.org.
Apr 9, 2012 | Constitution, Globalism, Take Action
By Dr. Harold Pease
The most dangerous executive order (hereafter EO) ever written (exempting Franklin Roosevelt’s EO throwing Japanese-Americans into relocation camps against their will in World War II) was EO 12919 of June 3, 1994. By a mere stroke of the pen President Bill Clinton authorized the executive department’s take-over, in case of a national emergency, of all civil transportation including the “movement of persons and property by all modes of transportation … within the United States.”
National emergency was never adequately defined therefore, presumably, left to the discretion of the President alone as to when such conditions warranted his implementation of it. Nor were circumstances noted when such would end allowing the return of confiscated property and the free movement of the people again. Nor was there any noted role for Congress. Nor was there any role noted for local civil authority—the first responders. Nor was it explained why the president needed near dictatorial power in a national emergency and had not in crisis heretofore. There was no debate.
Other things specifically listed to be under his sole control were: all forms of energy, all farm equipment, all food resources, all food resources facilities, all health resources, and all water resources (Section VIII). The detail was incredible. Every possibility considered. Some concern and fear was expressed at the time about this “martial law type” edict but since the president did not act on it, nor did it seem reasonable that he or any future president would, twas soon forgotten. Imagine all this power in the hands of one person. It sounded more likely to be enacted in a communist or fascist country.
On March 16 of this year the infamous Clinton Executive Order was revoked by President Barack Obama and replaced by the equally threatening and expanded National Defense Resources Preparedness. The new EO retains all of the dreaded portions of the 1994 Clinton one, as noted above, but Section 102 of the Obama decree broadens it to apply “in peacetime and in national emergency.” Moreover, according to Section 103(b), compliance can be forced upon all needed “subcontractors and suppliers, materials, skilled labor, and professional and technical personnel.” Imagine private contractors being required to serve against their will. In wartime such a requirement would normally be given voluntarily, but in peacetime?
Where is our elected Congress specifically charged with making all federal rules with respect to a free people as stipulated in Article I, Section I of the Constitution? The EO essentially replaces them on national defense—their most important responsibility. The EO reads in part, “The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policy making forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the President.” An “integrated policy making forum?” Isn’t that what Congress is supposed to be?
To administrate the new self-empowering edict that, as a result of Obama’s Executive Order has peacetime application as well, the EO creates the National Defense Executive Reserve. The President’s NDER is to be “composed of persons of recognized expertise from various segments of the private sector and from Government … for training for employment in executive positions in the Federal Government in the event of a national defense emergency.” A huge new bureaucracy supported by the taxpayer without one ounce of congressional authority—even debate—is created by the stroke of the pen of just one man. The Secretary of Homeland Security is also “to determine periods of national defense emergency.” This implies continued national emergencies that justify continued “martial law like” monitoring of the people in the name of national emergency.
The most dangerous Executive Order in our history, unless you were Japanese-American in World War II, is alive and well and even more threatening under President Obama. If Congress continues its trend of ignoring her sole rule-making jurisdiction, it may soon make itself irrelevant. Unfortunately, it also makes the people and their constitution irrelevant as well. Perhaps your Congressman does not yet know about this liberty threatening Executive Order semi-secretly signed in the Oval Office of the White House. Will you tell him so that he can step up to the plate and defend you?
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org
Mar 26, 2012 | Constitution, Globalism, Take Action
By Dr Harold W. Pease
Recent presidents have so mutilated the clear language of the Constitution as to the authority to make war that congressional pushback, even from the weak Congress we now have, was inevitable. That pushback came in a recent Senate Armed Services Committee hearing when Joint Chief of Staff Chairman General Martin Dempsey inferred that the authority that he depended upon was not from Congress, as required in the U. S. Constitution, but from unelected UN or NATO authorities. Senator Jeff Sessions, Chairman of the Committee, then interviewed Defense Secretary Leon Panetta and was given the same response. Disbelieving what he heard, Sessions repeatedly inquired in different ways only to be given the same answer. (See video below) Even the President’s voice did not appear to be as important as that of the UN or NATO.
Constitutional clarity is so strong with respect to Congress alone having sole power of war that it is hard to imagine that such statements are due to gross ignorance alone. This is one of the most critical moments in U. S. History with respect to liberty. If the Executive Branch of government can effectively remove the power to initiate war from Congress, giving it to itself, and then to some international coalition such as the U. N. or NATO, we essentially lose our sovereignty and our armies used as the policemen of the world. Would not the recipient of such power, the United Nations, not then become the dreaded world government? Article I, Section 8, Clause 11 of the Constitution, preserving Americas right to fight whomever, would be effectively destroyed.
To protect the Constitution and to keep the Congress from having but a ceremonial jurisdiction with respect to war, as the General and Defense Secretary inferred, the House of Representatives is attempting to place the president on short notice that the next disregard of Congress would be grounds for impeachment. Concurrent resolution H. Con. Res. 107 reads, “Whereas the cornerstone of the Republic is honoring Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that, except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a President without prior and clear authorization of an Act of Congress violates Congress’s exclusive power to declare war under article 1, section 8, clause 11 of the Constitution and therefore constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.”
This action has resulted, not only because General Dempsey and Defense Secretary Panetta have expressed a desire to take such power, but also because doing so has been the practice of the Obama Administration. Congress was not consulted when American planes bombed Libya, or when President Obama, alone, authorized Special Forces to inter Central America last fall, or his authorizing drone strikes in several middle-eastern countries killing designated individuals—all such have traditionally been considered acts of war. Certainly these would be treated as acts of war were they perpetrated on U.S. soil by another country.
This action is especially timely as war proponent John McCain is now advocating that we enforce a no fly zone over Syria—another act of war on yet another country. Moreover, we continue to provoke Iran in an attempt to get it to make a response worthy of our (or Israel’s) warplanes. Where do we get authority to bomb other countries at executive will? Certainly not from the people, or their Constitution.
Please encourage your three members of Congress to protect the Constitution. Are they on board with this warning to this president and all who follow him? Are they cosponsors of this resolution? No issue is clearer than this one as to whether they support the Constitution or do not. Congress alone should decide when and if our sons and daughters are placed in harm’s way. Anyone supporting this transfer of power from Congress should be removed from power by your vote this November or, if president and it happens again, impeached, regardless of political party, as soon as possible. After all it is about your liberty.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his articles, please visit www.LibertyUnderFire.org.
[youtube http://www.youtube.com/watch?v=5zNwOeyuG84&w=420&h=315]
Mar 16, 2012 | Economy, Take Action
By Dr. Harold Pease
For nearly two decades the Heritage Foundation and the Wall Street Journal have teamed-up tracking and rating the 184 nations of the earth on economic freedom. In their 2012 ratings “Hong Kong and Singapore finished first and second in the rankings for the 18th straight year. Australia and New Zealand ranked third and fourth, and Switzerland fifth. Canada finished sixth, … falling out of the group of ‘free’ economies into the ‘mostly free’ category;” a fall made by the United States in 2010. The U.S. also slipped from a three-way tie for ninth place last year to tenth place today. Even Mauritius, taking eighth, a small island off the coast of Africa, was seen as more economically free than we, as were Chile and Ireland taking seventh and ninth.
The 484-page rather complex document, rated countries in ten types of freedom: labor, business, trade, fiscal, government spending, monetary, investment, financial, property, and freedom from corruption. These ten then were evaluated on the basis of “the rule of law, the intrusiveness of government, regulatory efficiency, and the openness of free markets.” A country’s overall score was the average of these categories.
The average economic freedom score for the world dropped two-tenths of a point from 2011, primarily because countries tried to spend their way out of recession and failed. “Rapid expansion of government, more than any market factor, appears to be responsible for flagging economic dynamism. Government spending has not only failed to arrest the economic crisis, but also—in many countries—seems to be prolonging it. The big-government approach has led to bloated public debt, turning an economic slowdown into a fiscal crisis with economic stagnation fueling long-term unemployment,” they concluded.
The United States was no exception with respect to the mounting burden of reckless government spending. The U. S. economic freedom score dropped by 1.5 from last year, a drop attributed to “deteriorating scores for government spending, freedom from corruption, and investment freedom.”
The solutions proposed by Heritage’s Index of Economic Freedom basically amount to undoing much of what has been done since 2008. The authors especially cited the need to unwind government intervention and reduce government involvement in commercial decision-making. They advocated the abolition of the TARP program followed by Freddie Mac and Fannie Mae. Congress should “repeal all U.S. government regulatory measures that interfere with mortgage markets.” This should be followed by the “repeal of the Sarbanes-Oxley Act, which discriminates against small firms and reduces competition.” The overall guideline, as historically it once was; “companies should be allowed to fail, and laws and regulations should create no expectation of a future bailout.”
With respect to reducing government involvement in commercial decision-making, they concluded, “Congress must eliminate the insidious practice of earmarking, which corrupts the legislative process. The government needs to divest itself of all assets acquired in connection with the financial crisis and recession and refrain from interfering in bankruptcy cases. These reforms, like the others, would both complement and reinforce the overall restoration of America’s economic freedom.” Examples might be the return of General Motors to the private sector and the housing market, now largely owned by the federal government, as well.
Why does economic freedom matter, the Heritage Foundation asks and answers? Because it “is a crucial component of liberty. It empowers people to work, produce, consume, own, trade, and invest according to their personal choices.” Indeed, each person controls the fruits of his or her own labor and initiative. Government produces nothing but takes from those who do produce and redistributes it to others. To that extent freedom to keep the rewards of one’s own labor is impaired.
For most of our history we were the freest nation on earth with no significant competition resulting in our people becoming the most abundant ever. Now we are almost out of the top ten and out of the “free” and into the “mostly free” category with the resultant loss of that abundance. Such is inexcusable and indefensible. Our answer is simply less debt, less taxes, and less government. It has always been so.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org
Mar 10, 2012 | Constitution, Take Action
By Dr. Harold Pease
Last week a young college student approached me after class with a very disturbing concern. He had just been interrogated by the FBI for making a video three years ago of him exploding a fire cracker and placing the video on YouTube for others to see. He thought that it would be funny. During the three years since, and unbeknownst to him, the government had been monitoring his every behavior and presented to him, for his perusal, a file an inch thick of every event in his life including his grades from grade school.
If kids are monitored for such normal behavior (I used to set off fire crackers too but I did not put it on the Internet) what can we expect next from our government which now violates the 4th Amendment to the Constitution with impunity? Monitoring our social media 24 hours a day? A new directive suggests that this is now to be common.
The National Operations Center (NOC), a part of The Department of Homeland Security, recently released its Media Monitoring Initiative giving itself permission to “gather, store, analyze, and disseminate” data on millions of users of social media, primarily Facebook, Twitter, and YouTube. So far they appear less concerned with the information of the average Joe or Jane, although all is kept just in case, as they do with unmanaged journalists and bloggers. These are defined as “those who use “traditional and/or social media in real time to keep their audience situationally aware and informed,” such as myself. Targeted are those who post articles, comments, or other information to popular Web outlets.
In a recent article entitled “Social Spying,” by Joe Wolverton II, J.D. in the “New American,” Wolverton details the “24-hour surveillance” by NOC agents “to track the on-line movements and postings of every level of writer or commentator, from Brian Williams to nearly anonymous bloggers.” The directive is designed “to provide situational awareness and establish a common operating picture” (what ever that means) presumably of targeted audiences. In layman’s terms it means identifying, isolating, and then potentially silencing opposition, each of which inhibits First Amendment free speech rights.
Of course, the NOC directive denies inappropriate use of the information. All is public, they argue, and gathered through available search engines. That said, they admit looking for “items of potential interest [not defined] to DHS. Once the analysts determine an item or event is of sufficient value [also not defined] to DHS to be reported, they extract only the pertinent [again, not defined], authorized information and put it into a specific web application… to build and format their reports.” Such vagaries allow an unrestrained government to move and operate anywhere it pleases and classify and reclassify citizens as potential enemies even if they have done nothing other than voice opinion in opposition to that of whoever rules.
Are we becoming more like communist China who recently prosecuted Li Tie and two others for essays posted on the Internet demanding greater democracy? They too began with just monitoring. Such postings are considered a threat to China’s political and social stability.
In light of the recently signed National Defense Authorization Act of 2012, this reclassification could eventually get normal citizens classed as threats to political stability, who just wish to preserve their Constitution from a government which chooses to nullify it, placed in Guantanamo Bay and held indefinitely against their will. But I have already written about this new law—the most dangerous piece of legislation in my lifetime.
The Media Monitoring Initiative is a serious violation of the 4th Amendment to the Bill of Rights of the U.S. Constitution which reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searched and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Do we care? If a young college student finds it disturbing that the government has been watching what he puts on YouTube, should not older adults be more so? Are you, my reader, going to wait until all the sentinels of liberty are marginalized or are you going to remove your member of Congress that supports either the National Defense Authorization Act or does not use his influence to rescind the Media Monitoring Initiative. At least demand to know where he or she stands on these two important Constitutional issues.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org
