Oct 2, 2012 | Constitution, Globalism
By Dr. Harold Pease
I used to believe that if you read and viewed news sources widely enough, which I do, you would have all the information to be properly informed. I depended upon this assumption. I defended and trusted this assumption. I teach Current Events every semester and find so much under-reported. Most of the “real news” is seemingly not headlined. One such is the attempt this summer by the United Nations to further restrict the availability of firearms.
The U.N. Arms Trade Treaty (ATT) has been a dream of internationalist and globalists for several years. In their 2006 meeting some 153 countries favored the Treaty, 24, including the United States, did not. Traditionally, until now, the United States has been the leading “hold out” primarily, it is feared, because it could effectively damage the Second Amendment of the Bill of Rights—your right to defend yourself with a firearm.
Ironically proponents falsely use Article VI, Section 2 of the Constitution to destroy the part of the Constitution referenced above. If they could outlaw international firearms trade throughout the world it would have to be embraced in the United States as well. “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.” By restricting movement of conventional firearms by treaty the U.N Treaty provision would be the supreme law of the land they conspired.
The Founders would never have meant for another government to have the power to alter or dismantle any provision of the Constitution that all elected officials are required to swear by oath to preserve. Even more is this so with respect to the Bill of Rights, wherein the federal government is especially restricted from infringement, which acceptance was a condition required by many states for ratification of the Constitution itself. Then the power of the individual state was viewed as superior to federal power that a statement of supremacy of the Constitution had to be made. That is all.
Our previous objection to this treaty was moved from the back burner, and all doors flew wide open for it, when Secretary of State Hillary Clinton, with the green light from President Barack Obama, both long-time anti-gun proponents, announced, “The United States is committed to actively pursuing a strong and robust treaty that contains the highest possible, legally binding standards for the international transfer of conventions weapons” (America’s 1st Freedom, “Gun Owners Win Battle at U.N.,” p. 46-48). Hence all countries gathered in New York City July 2-27, 2012, to do just that.
The Treaty noted the inherent right of all nations to self-defense but refused to allow the individual that same right. The Treaty seemed focused on conventional firearms, even “non-explosive” weapons, whatever those were, perhaps bows and arrows? Transfers of arms and ammunition required mountains of paper work with proponents wanting information on “end users”—information designedly impossible to know at sale.
Perhaps it is time to remind ourselves that there would not be a United States of America, a land of the free and the home of the brave, without an armed populace that was willing to force a separation with Great Britain because of perceived tyranny. Surely we have not forgotten those Americans who hid their firearms from the British in Lexington and Concord, or the farmers who rushed to the front in the Battle of Saratoga. An armed populace best ensures freedom from tyranny; that is why the Second Amendment exists.
Sadly, the establishment press was negligent in informing Americans of this potential serious restriction on firearms availability endorsed and encouraged by the present administration. Fortunately, 130 members of the House of Representatives threatened the President with their intention not to fund the new treaty were it enacted. Fifty-one U.S. Senators, in letters to both Obama and Clinton, wrote of their opposition to the Treaty and hundreds of thousands of NRA supporters signed a petition that declared “independence from any United Nations treaty that would strip (them) of (their) constitutional Right to Keep and Bear Arms.” Because of them the United States, once again, did not sign the Treaty. These are our real hero’s in our fight to preserve our Bill of Rights but again, very little coverage from the popular presses who sometimes give us only part of the news. A story like this should have been headlined everywhere and often.
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.
Sep 24, 2012 | Constitution
By Dr. Harold Pease
Given our constant drift from a Republic to a Democracy, it might be well to review what historical philosophies most favored the latter form of government. The Founding Fathers and the Communists were total opposites on the word Democracy, one distained; the other loved. Guess which one hated and which one loved?
First, those who favored Democracy: the most blunt was Karl Marx, the father of communism. He wrote, “Democracy is the road to socialism.” Vladimir Lenin, the one activating the communist philosophy into a government in Russia, agreed. In his 1905 work, Two Tactics of Social Democracy, he saw Democracy as a strategy leading to his desired socialist revolution. “Social-Democracy, however, wants, on the contrary, to develop the class struggle of the proletariat to the point where the latter will take the leading part in the popular Russian revolution, i.e., will lead this revolution to the democratic-dictatorship of the proletariat and the peasantry.” In a letter to Inessa Armand in 1916, he added, “We Social-Democrats always stand for democracy, not ‘in the name of capitalism,’ but in the name of clearing the path for our movement, which clearing is impossible without the development of capitalism.” Class conflict and the philosophy “share the wealth” were, and remain, central to the empowerment of communism.
Next, those who abhorred Democracy: as far as we can tell the list included all the Founding Fathers. Benjamin Franklin wrote in 1759, “Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.” Years later, when Franklin exited the Constitutional Convention, a woman inquired of him, “What form of government have you left us?” the brilliant Franklin answered, “A Republic, if you can keep it.” The phrase expressed some doubt as to whether man could understand the value of a Republic enough to protect it from becoming a Democracy.
So, once again, what is wrong with a Democracy? James Madison, the Father of the Constitution, in his Federalist Paper, No. 10, wrote, “In a pure democracy, there is nothing to check the inducement to sacrifice the weaker party or the obnoxious individual.” Thomas Jefferson agreed but was more blunt; “A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.” On another occasion he reasoned that the Republic would “cease to exist when you take away from those who are willing to work and give to those who would not.”
Alexander Hamilton, Jefferson’s political arch-rival, saw it similarly. “We are now forming a Republican form of government. Real Liberty is not found in the extremes of democracy, but in moderate governments. If we incline too much to democracy, we shall soon shoot into a monarchy, or some other form of dictatorship.”
Do you remember your guess? Most would have guessed wrong. Now do you understand why the word Democracy is not found in any of our original founding documents, not even in our Pledge of Allegiance to the Flag? Our system, a Republic, protects us from the less informed masses, which is always the majority. This is why, until the perversion of the Constitution by the 17th Amendment, the state legislature selected their two U.S. Senators—not the people. This is why the Electoral College selects the president and why the people have no voice in the selection of Supreme Court members.
If you call this undemocratic the Founders would agree with you. Their review of history showed them that Democracy in Athens and Rome led to tyranny by the majority that then destroyed liberty in both places. The 2009 Census reports that 47.5% of our adult population pays no federal income tax. When that number exceeds 50% we will join the fallen Republics of Athens and Rome with their “bread and circuses” as examples of the majority voting to feed their wants from those who produce. When the “rich” are destroyed and cannot provide, the majority takes to the street in anger. The majority will then vote for whatever tyrant promises them security. The historical record is clear.
This is why socialists and communists loved democracy and the Founders decidedly do not!! It was Alexis de Tocqueville, a visiting French philosopher in 1840, who told us when our Republic would fall. “The American Republic will endure until the day Congress discovers that it can bribe the public with the publics’ money.” That day is today. Both parties must return to the Constitution, which preserves the Republic, or we will lose both the Republic and the Constitution.
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
Freedom’s Cost
By Kenneth C. Tack
I want to be remembered. I want to know that my life, my ultimate sacrifice, was not given without making a difference in this world. These are the wishes of a dying man.
I lie here in this green field in silence while a war rages around me. My thoughts turn to my three year-old daughter and my wife at home. My wife will be making dinner around this time. I always loved coming home from my work in the fields to the savory smell of a salty slice of beef cooking on the wooden stove, and seeing the melting butter dribble down the side of the mountain of mashed potatoes that she had set on the table. Then my blond-haired little girl would always rush her sturdy little legs over to give me a warm greeting. All these things remind me of why I fight for this Union.
My thoughts snap back to reality in Yorktown. General Washington has finally managed to pin down the British General, Lord Cornwallis, after many years of defeat. This was to be our final great push for freedom. I silently laugh to myself when I think about all the chaos that was caused by 56 people signing one piece of paper. Off in the distance I see the white sails of the French Armada, and I know we will win this war. We shall win this beautiful land known as America.
I lay my head back on the soft grass. The air is chilly due to the ocean breeze, but that discomfort is small in comparison to seeing my bloody neighbors lying unnaturally still in the green grass beside me. The stale smell of drying blood is overpowering, and it’s already hard to breathe. I glance at the gaping wound in my chest, caused by a well placed British round. I know I will not survive to enjoy the freedom that was not free. I will never again embrace my sweet little girl, nor feel the warm embrace of my loving wife. No, I will be embraced by the arms of my Creator tonight.
As I lie here on my deathbed, all I can think about is the cause for which my friends and I died. I don’t want my cohorts’ sacrifice, nor mine, to go unremembered, or have it be bathed in apathy. After all, who are we if we are forgotten? Freedom is a gift, but it can be lost if its consumers forget that it was bought with a high price. It is something that must be carried in our hearts, because freedom cannot spread on its own. It is because of these things I wish to be remembered, not for my personal fame or glory. I wish to be remembered so that the freedom I paid for with my life will endure for all eternity.
My final thoughts travel back to my home, for they are the reason I am even here. My eyelids now feel like a thousand pounds, and my breathing is becoming scarcer by the moment. Now for the final time I look up into the sky with a single tear sneaking steadily down my cheek, for my one regret is that I will not be there for my family when this war is over. They too shall know freedom’s cost, and they will value freedom more because of that.
With these final thoughts in my head I take a deep breath and close my heavy eyes. I have fulfilled my duty to ensure liberty.
Now it’s your turn.
. . . .
It is no secret that freedom is being lost in today’s world. Everywhere we go we see regulations put on our lives for seemingly no reason at all. Freedom in its very core is the ability to do whatever you want, as long as it doesn’t interfere with another’s ability to do the same thing. That is what the revolutionaries fought for with their lives, and that is made clear in their war cry, the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” But even after all of their sacrifices, the young America knew that one day, even America might start to lose their freedom; this is their cry to this America today:
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
–Declaration of Independence
Sep 12, 2012 | Constitution
By Dr. Harold Pease
A recent ABC News-Washington Post poll disclosed that President Barack Obama leads challenger Mitt Romney by three percentage points in the race for president of the United States—well within the margin of error. If this race remains this close in November chances are the one with the popular vote may lose to the one with the Electoral College vote as has happened before.
For those who do not know, the Founding Fathers opposed a democracy and hoped that descendants would never turn what they created into such. The word democracy is not in any of our original governing documents. Benjamin Franklin referred to democracy as two wolves and a lamb voting on what they would have for lunch; the well armed lamb contesting the vote. Realizing that the majority is not always right and, as such, could trample the rights of the minority becoming very tyrannical, they created a republic instead, thus we pledge allegiance to “the republic for which it stands.” A lynch mob is a democracy; everyone voting to hang the accused except the one proposed to be hung.
The vote system they created, referred to as the Electoral College, spread the vote geographically, and favored the informed over the less informed. Spreading the vote geographically was not easy, as everyone knew that the popular vote could be won by a few populated states, (today a few as ten, some say four), and that rural states or sections would never see the candidate nor would he make an appeal to their interests. To equalize the population advantage and encourage candidates to make a larger geographical appeal, the College gave population-deprived states disproportionately at least three votes. Although candidates could probably still ignore the rural states, the College made it decidedly less tempting to do so.
The College system intentionally favors the informed. Those less informed tend to vote for leaders who can give them the most from their vote but the Constitution is designed to give nothing to anyone except the opportunity to maximize their talent in an environment of freedom from excessive government. The moment government takes from one and gives to another, recipient voters henceforth expect something from their vote and politicians have shown that they can be purchased. It becomes a “blood sport” as to which candidate can give the most “goodies” to get elected.
I ask my students how many months they spent studying the propositions on the last California ballot prior to voting? Months? Days? Hours? Seldom was it more than the least amount possible to give them a “gut” feeling. I than ask why they should have the same vote power as one who did spend months studying an issue?
When put this way they better understand the principles of a republic, which rejects a popular vote for the president, having the states make that decision instead. States select a number of voters for the president equal to the number of members of Congress (both House and Senate) they have. These non-governmental individuals, selected by the state legislatures presumably for their integrity, experience, success, and wisdom, are presumably less emotionally driven (they have seen it all) and less susceptible to the emergence of a tyrant. Remember, Adolph Hitler was elected. Presumably his election would have been thwarted had Germany a functioning electoral college to mitigate the emotion or ignorance of the masses. The citizens chosen to be Electoral College voters do so in their separate state capitols usually sometime in late November and that vote is sent to, and read by, the vice president of the United States before a combined session of both Houses of Congress usually the first week in December. Normally there is little coverage of the real election of the president and this, usually negative.
This process is certainly not without its problems, but when the ill informed have the same vote strength, or higher, as the well informed the Electoral College offsets this by placing the weight of government in favor of reason and experience. It remains the best system in the world. I realize that in a day when we have high-speed communication it is easy to assume that, as a result, we have high-speed knowledge and experience as well. As a college professor in the subject area, I can emphatically argue otherwise. Nothing replaces the benefits of reason and experience and these don’t come high speed.
Given our history it is likely that the Electoral College will be called upon, once again, to go against the popular vote when the seasoned voters of the College have reason to distrust the peoples’ choice. It is there duty. It is decidedly undemocratic but we are not a democracy. Hopefully they won’t have to do so this year.
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.
Sep 11, 2012 | Constitution
Dr. Harold Pease
Opponents of the Electoral College seek to alter a process that has worked for well over two hundred years. Unable to get two-thirds of the states to consider altering this part of the Constitution as required, some seek an end run around it instead. They say that the Electoral College is not democratic enough. They call their plan the National Popular Vote Plan. In it participating states would allocate their electoral votes to the winner of the national popular vote, rather than the winner of the popular vote in their state.
There exists no language in the Constitution authorizing a popular vote for the executive branch of government. Such came about in 1824 after the Electoral College denied the presidency to Andrew Jackson, the most popular man in America due to his success in the Battle of New Orleans in the War of 1812. His supporters, believing the denial to be an injustice, created a straw vote so that the people could participate in the election although this vote had no power.
Over time the media empowered it by treating it as the “legitimate” vote for the president belittling the College process as unfair and undemocratic. Seldom do they remind us that it works because we are not a democracy, but a Republic, and that none of the branches of government are democratic; most especially the Senate and Supreme Court. Andrew Jackson had to wait until he could convince the seasoned citizen voters of the Electoral College that he was not too emotional for the office. He did so four years later in 1828. Moreover, today the media seldom cover the real election for the president in December such is their distain for it.
Those unable to get a two-thirds vote to begin the process of altering the Electoral College have conceived a brilliant plan to do just that without the constitutional amendment required. The plan is to have each state legislature commit their state to support the national popular winner instead of the candidate winning their state. When enough states do so that the Electoral College numbers exceed 270, remaining states will be required to support as well. Wham!! Almost without any public debate outside state legislatures, and seemingly overnight, the popular vote will replace the Electoral College as the means by which a president is elected. We would be back to a few highly populated states deciding for the rest of the country.
Ironically proponents ignorantly use a small portion of the Constitution to destroy a larger portion. They cite Article II, Section 1 which reads, “Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress.” This, they say, gives state legislatures the right to award their electors as they see fit. Actually, the phrase allows the state legislatures appointing powers only. To suggest that they should have influence over their voting once selected, nullifies the reason for their existence. The Electoral College was to be a non-governmental body completely separate and unaccountable to the State Legislature once appointed, as per the rest of the section. Certainly the phrase did not authorize states to simply alter or dump Article II, Section 1 and Amendment 12 of the Constitution.
Moreover, the National Popular Vote Plan also violates Article I, Section 10. This prohibits states from entering into “alliances” with other states unless Congress gives its consent. Certainly agreeing states have entered into an alliance with one another to nullify the Electoral College and the vote of states immediately following reaching the simple majority of Electoral College votes.
At present eight states and the District of Columbia, a combined electoral vote total of 132, have come on board delivering about half the 270 electoral votes needed to impose this upon the rest of the country and nullify a long standing pillar of the Constitution. States voting to change the Constitution without amending it, as required by the document, are: New Jersey 14, Wash 12, Hawaii 4, Illinois 20, Vermont 3, Maryland 10, Mass. 11, DC 3, CA 55. Colorado is likely to be next.
Granted the Electoral College is the most difficult part of the Constitution to understand and is easy to oppose because it is undemocratic. Spend some time to understand it. A patriot and constitutionalist will see through the scheme to destroy it without the debate and transparency required in Article V. No end run around this document should ever be permitted.
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.
Sep 2, 2012 | Constitution, Globalism
By Dr. Harold Pease
President Barack Obama will assume control of U.S. communications should he feel that national security and/or emergency preparedness issues are present as per his executive order of July 6, 2012. There was no consultation with Congress whose constitutional right is to make all law (Art. I, Sec. I). Although not defined, control of all communication presumably meant everything including the Internet as per Section 5 of the Order, although not specifically named. All such was placed under the authority of the White House. (See WhiteHouse.gov July 6, 2012).
Congress had wrestled with the “need” for Internet and cyberspace control for several years even attempting to control the Internet in 2009, but the bills they had originated met with such enormous opposition by the people that the subject was, moved to the back burner. The people clearly did not want government having, what they termed, a “kill switch” on the Internet even during time of national security. Enter the President and his executive order entitled, “Assignment of National Security and Emergency Preparedness Telecommunications Functions.” The Order sounds innocent enough, everybody wants “national security” and “emergency preparedness” but neither phrase is defined. Left undefined it remains the discretion of the office of president alone, whether republican or democrat, to decide what it means. After all, what isn’t “national security?”
Taking law-making power from Congress to influence private communication industries is constitutionally questionable as is the Executive Order itself. It began with the usual statement of authority. “By the authority vested in me as President by the Constitution and the laws of the United States of America.” Presidential authority would be found in Article II, Sections 2 and 3, or in an amendment to the Constitution enacted thereafter. In this case there is none.
At this point a president should cite the recently passed law of Congress that legitimizes and authorizes the order. The copy from The White House, Office of the Press Secretary identifies none. Some suggest that this executive order is an extension of the Ronald Reagan’s Executive Order 12472 of 1984, which cites the Communications Act of 1934, as amended …, the National Security Act of 1947, as amended, the Defense Production Act of 1950, as amended…, the Federal Civil Defense Act of 1950, as amended …, the Disaster Relief Act of 1974…, Section 5 of Reorganization Plan No.1 of 1977…, and Section 203 of Reorganization Plan No. 3 of 1978….” Whether from a past Reagan executive order or not, if justification is not from Congress and recent, and instead is simply pieces of ancient laws glued together, a president risks being accused of making new law, a function of Congress alone. Only the first five citations come from Congress and these were all over 34 years old. No recent Congress has approved a thing. Again, there was no authority cited in the Order. The argument that presidents before Obama made up law as well does not make the practice constitutional.
Of course, the “Federal Government must have the ability to communicate at all times and under all circumstances to carry out its most critical and time sensitive missions.” But it has always had such. When has it not? Congress, not the president, should discern the need for, and limit to, the power to “takeover” the secular private communications industry and even they cannot do so without an amendment to the Constitution authorizing such. It is not their property.
No rational was given as to why a free people would need extensive governmental control over communications. Such was not needed in World War I, nor when the Japanese attacked Pearl Harbor in World War II, nor was it even suggested during the Cold War, when some citizens were building bomb shelters in their basements. We are told that we spend more money on our military than all the other countries of the world combined. Control of all communication is not one of the President’s listed constitutional powers. Where is the threat that justifies this overreach?
This self-empowering order left control of all communications to the discretion of the President alone (whether an Obama or a Romney as executive orders just move to the next president) as to when such conditions warranted his implementation of it. Nor were circumstances noted when such would end allowing the return of control or confiscated property and free communication permitted once again. Nor was there any noted role for our elected Congress. It is being neutered by executive orders. There was no debate and apparently no resistance. Nor was there any role noted for local civil authority—the first responders.
In light of the National Defense Authorization Act that allows the military to arrest U.S. citizens on U.S. soil and ship them to, and detained indefinitely in, Guantanamo Bay Prison without right of a judge, trial, or Bill of Rights protection, signed into law by the president last New Years Eve, this is especially serious. Add his National Defense Resource Preparedness Executive Order of March 16, 2012, which allows the Executive Branch of government to confiscate all food, water, fuel and etc. if they define a situation, or location, as a national emergency—again by the office of president alone. Tell us why we should now trust the office of president (again whether an Obama or a Romney), with control of all communication as well?
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.
Govt. re-prioritizing U.S. communications
EXECUTIVE ORDER DESCRIBED ABOVE
The White House
Office of the Press Secretary
For Immediate Release
July 06, 2012
Executive Order — Assignment of National Security and Emergency Preparedness Communications Functions
EXECUTIVE ORDER
– – – – – – –
ASSIGNMENT OF NATIONAL SECURITY AND
EMERGENCY PREPAREDNESS COMMUNICATIONS FUNCTIONS
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. The Federal Government must have the ability to communicate at all times and under all circumstances to carry out its most critical and time sensitive missions. Survivable, resilient, enduring, and effective communications, both domestic and international, are essential to enable the executive branch to communicate within itself and with: the legislative and judicial branches; State, local, territorial, and tribal governments; private sector entities; and the public, allies, and other nations. Such communications must be possible under all circumstances to ensure national security, effectively manage emergencies, and improve national resilience. The views of all levels of government, the private and nonprofit sectors, and the public must inform the development of national security and emergency preparedness (NS/EP) communications policies, programs, and capabilities.
Sec. 2. Executive Office Responsibilities.
Sec. 2.1. Policy coordination, guidance, dispute resolution, and periodic in-progress reviews for the functions described and assigned herein shall be provided through the interagency process established in Presidential Policy Directive-1 of February 13, 2009 (Organization of the National Security Council System) (PPD-1).
Sec. 2.2. The Director of the Office of Science and Technology Policy (OSTP) shall: (a) issue an annual memorandum to the NS/EP Communications Executive Committee (established in section 3 of this order) highlighting national priorities for Executive Committee analyses, studies, research, and development regarding NS/EP communications;
(b) advise the President on the prioritization of radio spectrum and wired communications that support NS/EP functions; and
(c) have access to all appropriate information related to the test, exercise, evaluation, and readiness of the capabilities of all existing and planned NS/EP communications systems, networks, and facilities to meet all executive branch NS/EP requirements.
Sec. 2.3. The Assistant to the President for Homeland Security and Counterterrorism and the Director of OSTP shall make recommendations to the President, informed by the interagency policy process established in PPD-1, with respect to the exercise of authorities assigned to the President under section 706 of the Communications Act of 1934, as amended (47 U.S.C. 606). The Assistant to the President for Homeland Security and Counterterrorism and the Director of OSTP shall also jointly monitor the exercise of these authorities, in the event of any delegation, through the process established in PPD-1 or as the President otherwise may direct.
Sec. 3. The NS/EP Communications Executive Committee.
Sec. 3.1. There is established an NS/EP Communications Executive Committee (Executive Committee) to serve as a forum to address NS/EP communications matters.
Sec. 3.2. The Executive Committee shall be composed of Assistant Secretary-level or equivalent representatives designated by the heads of the Departments of State, Defense, Justice, Commerce, and Homeland Security, the Office of the Director of National Intelligence (DNI), the General Services Administration, and the Federal Communications Commission, as well as such additional agencies as the Executive Committee may designate. The designees of the Secretary of Homeland Security and the Secretary of Defense shall serve as Co-Chairs of the Executive Committee.
Sec. 3.3. The responsibilities of the Executive Committee shall be to: (a) advise and make policy recommendations to the President, through the PPD-1 process, on enhancing the survivability, resilience, and future architecture of NS/EP communications, including what should constitute NS/EP communications requirements;
(b) develop a long-term strategic vision for NS/EP communications and propose funding requirements and plans to the President and the Director of the Office of Management and Budget (OMB), through the PPD-1 process, for NS/EP communications initiatives that benefit multiple agencies or other Federal entities;
(c) coordinate the planning for, and provision of, NS/EP communications for the Federal Government under all hazards;
(d) promote the incorporation of the optimal combination of hardness, redundancy, mobility, connectivity, interoperability, restorability, and security to obtain, to the maximum extent practicable, the survivability of NS/EP communications under all circumstances;
(e) recommend to the President, through the PPD-1 process, the regimes to test, exercise, and evaluate the capabilities of existing and planned communications systems, networks, or facilities to meet all executive branch NS/EP communications requirements, including any recommended remedial actions;
(f) provide quarterly updates to the Assistant to the President for Homeland Security and Counterterrorism and the Director of OSTP, through the Co-Chairs, on the status of Executive Committee activities and develop an annual NS/EP communications strategic agenda utilizing the PPD-1 process;
(g) enable industry input with respect to the responsibilities established in this section; and
(h) develop, approve, and maintain a charter for the Executive Committee.
Sec. 4. Executive Committee Joint Program Office.
Sec. 4.1. The Secretary of Homeland Security shall establish an Executive Committee Joint Program Office (JPO) to provide full-time, expert, and administrative support for the Executive Committee’s performance of its responsibilities under section 3.3 of this order. Staff of the JPO shall include detailees, as needed and appropriate, from agencies represented on the Executive Committee. The Department of Homeland Security shall provide resources to support the JPO. The JPO shall be responsive to the guidance of the Executive Committee.
Sec. 4.2. The responsibilities of the JPO shall include: coordination of programs that support NS/EP missions, priorities, goals, and policy; and, when directed by the Executive Committee, the convening of governmental and nongovernmental groups (consistent with the Federal Advisory Committees Act, as amended (5 U.S.C. App.)), coordination of activities, and development of policies for senior official review and approval.
Sec. 5. Specific Department and Agency Responsibilities.
Sec. 5.1. The Secretary of Defense shall: (a) oversee the development, testing, implementation, and sustainment of NS/EP communications that are directly responsive to the national security needs of the President, Vice President, and senior national leadership, including: communications with or among the President, Vice President, White House staff, heads of state and government, and Nuclear Command and Control leadership; Continuity of Government communications; and communications among the executive, judicial, and legislative branches to support Enduring Constitutional Government;
(b) incorporate, integrate, and ensure interoperability and the optimal combination of hardness, redundancy, mobility, connectivity, interoperability, restorability, and security to obtain, to the maximum extent practicable, the survivability of NS/EP communications defined in section 5.1(a) of this order under all circumstances, including conditions of crisis or emergency;
(c) provide to the Executive Committee the technical support necessary to develop and maintain plans adequate to provide for the security and protection of NS/EP communications; and
(d) provide, operate, and maintain communication services and facilities adequate to execute responsibilities consistent with Executive Order 12333 of December 4, 1981, as amended.
Sec. 5.2. The Secretary of Homeland Security shall: (a) oversee the development, testing, implementation, and sustainment of NS/EP communications, including: communications that support Continuity of Government; Federal, State, local, territorial, and tribal emergency preparedness and response communications; non-military executive branch communications systems; critical infrastructure protection networks; and non-military communications networks, particularly with respect to prioritization and restoration;
(b) incorporate, integrate, and ensure interoperability and the necessary combination of hardness, redundancy, mobility, connectivity, interoperability, restorability, and security to obtain, to the maximum extent practicable, the survivability of NS/EP communications defined in section 5.2(a) of this order under all circumstances, including conditions of crisis or emergency;
(c) provide to the Executive Committee the technical support necessary to develop and maintain plans adequate to provide for the security and protection of NS/EP communications;
(d) receive, integrate, and disseminate NS/EP communications information to the Federal Government and State, local, territorial, and tribal governments, as appropriate, to establish situational awareness, priority setting recommendations, and a common operating picture for NS/EP communications information;
(e) satisfy priority communications requirements through the use of commercial, Government, and privately owned communications resources, when appropriate;
(f) maintain a joint industry-Government center that is capable of assisting in the initiation, coordination, restoration, and reconstitution of NS/EP communications services or facilities under all conditions of emerging threats, crisis, or emergency;
(g) serve as the Federal lead for the prioritized restoration of communications infrastructure and coordinate the prioritization and restoration of communications, including resolution of any conflicts in or among priorities, in coordination with the Secretary of Defense when activities referenced in section 5.1(a) of this order are impacted, consistent with the National Response Framework. If conflicts in or among priorities cannot be resolved between the Departments of Defense and Homeland Security, they shall be referred for resolution in accordance with section 2.1 of this order; and
(h) within 60 days of the date of this order, in consultation with the Executive Committee where appropriate, develop and submit to the President, through the Assistant to the President for Homeland Security and Counterterrorism, a detailed plan that describes the Department of Homeland
Security’s organization and management structure for its NS/EP communications functions, including the Government Emergency Telecommunications Service, Wireless Priority Service, Telecommunications Service Priority program, Next Generation Network Priority program, the Executive Committee JPO, and relevant supporting entities.
Sec. 5.3. The Secretary of Commerce shall: (a) provide advice and guidance to the Executive Committee on the use of technical standards and metrics to support execution of NS/EP communications;
(b) identify for the Executive Committee requirements for additional technical standards and metrics to enhance NS/EP communications;
(c) engage with relevant standards development organizations to develop appropriate technical standards and metrics to enhance NS/EP communications;
(d) develop plans and procedures concerning radio spectrum allocations, assignments, and priorities for use by agencies and executive offices;
(e) develop, maintain, and publish policies, plans, and procedures for the management and use of radio frequency assignments, including the authority to amend, modify, or revoke such assignments, in those parts of the electromagnetic spectrum assigned to the Federal Government; and
(f) administer a system of radio spectrum priorities for those spectrum-dependent telecommunications resources belonging to and operated by the Federal Government and certify or approve such radio spectrum priorities, including the resolution of conflicts in or among such radio spectrum priorities during a crisis or emergency.
Sec. 5.4. The Administrator of General Services shall provide and maintain a common Federal acquisition approach that allows for the efficient centralized purchasing of equipment and services that meet NS/EP communications requirements. Nothing in this section shall be construed to impair or otherwise affect the procurement authorities granted by law to an agency or the head thereof.
Sec. 5.5. With respect to the Intelligence Community, the DNI, after consultation with the heads of affected agencies, may issue such policy directives and guidance as the DNI deems necessary to implement this order. Procedures or other guidance issued by the heads of elements of the Intelligence Community shall be in accordance with such policy directives or guidelines issued by the DNI.
Sec. 5.6. The Federal Communications Commission performs such functions as are required by law, including: (a) with respect to all entities licensed or regulated by the Federal Communications Commission: the extension, discontinuance, or reduction of common carrier facilities or services; the control of common carrier rates, charges, practices, and classifications; the construction, authorization, activation, deactivation, or closing of radio stations, services, and facilities; the assignment of radio frequencies to Federal Communications Commission licensees; the investigation of violations of pertinent law; and the assessment of communications service provider emergency needs and resources; and
(b) supporting the continuous operation and restoration of critical communications systems and services by assisting the Secretary of Homeland Security with infrastructure damage assessment and restoration, and by providing the Secretary of Homeland Security with information collected by the Federal Communications Commission on communications infrastructure, service outages, and restoration, as appropriate.
Sec. 6. General Agency Responsibilities. All agencies, to the extent consistent with law, shall: (a) determine the scope of their NS/EP communications requirements, and provide information regarding such requirements to the Executive Committee;
(b) prepare policies, plans, and procedures concerning communications facilities, services, or equipment under their management or operational control to maximize their capability to respond to the NS/EP needs of the Federal Government;
(c) propose initiatives, where possible, that may benefit multiple agencies or other Federal entities;
(d) administer programs that support broad NS/EP communications goals and policies;
(e) submit reports annually, or as otherwise requested, to the Executive Committee, regarding agency NS/EP communications activities;
(f) devise internal acquisition strategies in support of the centralized acquisition approach provided by the General Services Administration pursuant to section 5.4 of this order; and
(g) provide the Secretary of Homeland Security with timely reporting on NS/EP communications status to inform the common operating picture required under 6 U.S.C. 321(d).
Sec. 7. General Provisions. (a) For the purposes of this order, the word “agency” shall have the meaning set forth in section 6.1(b) of Executive Order 13526 of December 29, 2009.
(b) Executive Order 12472 of April 3, 1984, as amended, is hereby revoked.
(c) Executive Order 12382 of September 13, 1982, as amended, is further amended by striking the following language from section 2(e): “in his capacity as Executive Agent for the National Communications System”.
(d) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the OMB relating to budgetary, administrative, or legislative proposals.
(e) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
BARACK OBAMA
Aug 19, 2012 | Constitution, Take Action
By Dr. Harold Pease
A recent announcement, by General Ray Odierno, Army chief of staff, that National Guard unit training for overseas deployment will be increased rather than decreased following our “drawdown” in Afghanistan, invites a serious constitutional challenge. Sir, only Congress was given the authority “to make Rules for the Government and Regulation of the land and naval Forces (Article I, Section 8)” and none of your new rules came from them. Moreover, the Guard was never constitutionally designed to have an external protective function.
The General’s announcement, as reported in USA Today, that the traditional schedule of drilling one weekend a month and two weeks a year, established by Congress in 1903, is not enough combat training and will be abandoned beginning the new year. “Instead, they will keep preparing for war, with training periods away from home each year that would grow from a two-week block to up to seven weeks,” in addition to the one weekend a month.
But the U.S. Army’s “take-over” of the rule making power specifically left to Congress alone is not the most serious constitutional violation. Let us be reminded that Article I, Section 8 of the Constitution left all war making powers: raising armies, providing for a navy, and declaring, funding, and maintaining war with Congress alone. Defending the country is their prime responsibility.
The militia, since 1903 commonly referred to as the National Guard, however, is a separate body from the army and navy and has a distinct internal role instead. Notice the wording in the Constitution authorizing Congress, “to provide for calling for the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” Its three functions are to execute the laws in the United States, suppress insurrections within our country, and to repel invasions to it. How can the militia do any of these functions, for which it is specifically charged, if on the other side of the world?
They were never to be thought of as merely a pool of reserve troops for the army. Impeachment proceedings should have been threatened against President George W. Bush when he treated them as such deploying 100,000 of them in 2005 to Iraq and Afghanistan rather than to ask Congress to restore the draft when enlistments were not enough. This alteration of the Constitution is that serious. The National Guard was simply an easy target and no one from either party objected. It cannot perform its constitutional duty outside the United States. President Barack Obama’s mimicking the practice, and the General’s admission that at least one-year deployments of Reserve troops will continue in Afghanistan until we leave in 2014, indicates that the Constitution will continue to be violated by Democrats as well.
The rational for a militia is very simple. The first line of defense from unwanted aggression is oneself, followed by local law enforcement agents, followed by the National Guard (guarding the nation from within), followed by the military. As in soccer it is the goalie. Should invasion occur while the militia and the army are overseas we would be defenseless; by doing so both recent presidents have unconscionable left, or are leaving, us vulnerable and without a goalie.
General Odierno spoke of the need to keep the National Guard more prepared for war by extending their combat training. As “repelling invasions,” is the only one of their three constitutional functions dealing with knowing how to make war, I wonder how much training they will get in the other two, “executing the laws of the union and suppressing insurrections,” both mostly law enforcement support functions. The General did not mention any but, then again, he wrongly views them as an extension of his army—mere fodder. Congress needs to set him, and the Executive Branch he represents, straight. Will you help awaken Congress so that it will do so? After all, it’s about your liberty which is under fire.
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.
