Elm St Station

KILL HER SLOWLY II

War and Emergency Powers Act

by J Pendergrass
I know that most folks are laboring under the illusion that we still have a Constitution and civil rights guaranteed under the Bill of Rights. I hate to shatter your phantasm but "that just ain't so." The United States has been under a state of emergency since the enactment of the "War and Emergency Powers Act." It was enacted under our 32nd President, the "new deal" visionary, in 1933. Furthermore folks, it has NEVER been repealed and leaves the President with the power to immediately suspend the Constitution. Legislators and scholars both have studied this issue and most agree. From the moment the act was signed into law, the War and Emergency Powers Act had in actuality, suspended the Constitution.

Entered into the Congressional Record of 1933 was the following observation by one of the Congressmen:

"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. This means its death. It is the very doctrine that the German Chancellor is invoking today in the dying hours of the parliamentary body of the German republic, namely, that because of an emergency, it should grant to the German chancellor absolute power to pass any law, even though the law contradicts the Constitution of the German republic.

Chancellor Hitler is at least frank about it. We pay the Constitution lipservice, but the result is the same....the Constitution of the United States, as a restraining influence in keeping the federal government within the carefully prescribed channels of power, is moribund, if not dead."

It was obvious, however, to the framers of the Constitution that an occasion may arise that would call for less than total civil freedom. Article 1, Section 9 of the Constitution states: The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety require it." (emphasis mine). The writ of habeas corpus was to protect us from unlawful imprisonment and detention. Probable cause and due process were required before imprisonment was ordered. The framers saw no serious conflict with civil rights if a chaotic situation required TEMPORARY detainment to sort out the facts. Though the possibility of a National emergency was evident to them total dictatorial power was not an option. Nor should it be!

Senate Report 93-549 introduced into record in 1973 reveals:

"A majority of the people of the United States have lived all their lives under emergency rule....For 40 years, freedoms and governmental procedures quaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency....And, in the United States, actions taken by the government in times of great crises have from, at least, the Civil War, in important ways shaped the present phenomenon of a permanent state of national emergency."
It goes on to say:
"Since March 9th, 1933, the United States has been in a state of declared national emergency....This vast range of powers, taken together, confer enough authority to rule the country without reference to normal constitutional processes.[Todays norm. jp] 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, in a plethora of particular ways, control the lives of all American citizens."

Due to legislation such as "PDD 25," the "War Powers Resolution," and the "War and Emergency Powers Act" the stage is set for some very serious and dangerous times. But that's not all.

As Paul Harvey would say, "this is the rest of the story." Kill Her Slowly III