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Date: Tue, 25 Mar 1997 10:05:50 -0800
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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Freedom (fwd)

>Date: Mon, 24 Mar 1997 20:50:32 -0800
>From: Douglas Walker <apta@discover.net>
>Organization: APTA
>To: Paul Andrew Mitchell [address in tool bar]
>Subject: Freedom
>
>assets. We are the  collateral... ourselves and our property.  To summarize 
>briefly: On March 9, 1933  the American people in all their domestic, 
>daily, and commercial transactions became the same as the enemy. The 
>President of the United States, through licenses or any other form, was 
>given the power to regulate and control the actions of enemies.  He madeWe, 
>the People, chattel property; he seized our gold, our property and our 
>rights; and he suspended the Constitution.  And we know that current law, 
>to this day, says that all proclamations issued heretofore or hereafter by 
>the President or the Secretary of the Treasury are approved and confirmed 
>by Congress.  Pretty broad, sweeping approval to be automatic, wouldn't  
>you agree?
>
>On March 11, 1933, President Roosevelt, in his first radio "Fireside Chat" 
>(Exhibit 42), makes the following statement: "The Secretary of the  
>Treasury  will issue licenses to banks which are members of the Federal 
>Reserve system, whether national bank or state, located in each of  the 12 
>Federal Reserve bank cities, to open Monday morning."  It was by this 
>action that the Treasury took over the banking system.  Black's Law 
>Dictionary defines the Bank Holiday of 1933  (Exhibit 42a) in the following 
>words: "Presidential Proclamations No. 2039, issued March 6, 1933, and No. 
>2040, issued March 9, 1933, temporarily suspended  banking transactions by 
>member banks of the Federal Reserve System.  Normal banking functions were 
>resumed on March 13, subject to certain restrictions.
>
>The first proclamation, it was held, had no authority in law until 
>thepassage on March 9, 1933, of a ratifying act (12 U.S.C.A. Sect. 95b). 
>Anthony v. Bank of Wiggins, 183 Miss. 883, 184 So. 626. The present law 
>forbids member banks of the Federal Reserve System to transact banking 
>business, except under regulations of the Secretary of the Treasury, during 
>an emergency proclaimed by the  President.   12 U. S. C. A. Sect. 95"  Take 
>special note of the last sentence of this definition, especially the 
>phrase, "present law". The fact that banks are under regulation of the 
>Treasury today, is evidence that the state of emergency still exists, by 
>virtue of the definition. Not that, at this point, we need any more 
>evidence to prove we are still in a declared state of national emergency.
>
>>From the Agricultural Adjustment Act of May 12, 1933  (Exhibit 43): "To 
>issue licenses permitting processors, associations of producers and others 
>to engage in the handling, in the current of interstate or foreign 
>commerce, of any  agricultural commodity or product thereof."  This is the 
>seizure of the agricultural industry by means of licensing authority.  In 
>the first hundred days of the reign of Franklin Delano Roosevelt, similar 
>seizures by licensing authority were successfully completed by the 
>government over a plethora of other industries, among them transportation, 
>communications, public utilities, securities, oil, labor, and all 
>naturalresources.
>
>The first hundred days of FDR saw the nationalization of the United  
>States, its people and its assets.  What has Bill Clinton talked about 
>during his campaign and early presidency? His first hundred days.  Now, we 
>know that they took over all contracts, for we have already read in Exhibit 
>22: "No  contract is considered as valid as between enemies, at least so 
>far as to give them a remedy in the courts of law of either government,  
>and they have, in the language of civil law, no ability to sustain a 
>persona standi in judicio."  They have no personal nights at law.
>
>Therefore, we should expect that we would see in the statutes a time when 
>the contract between the, Federal Reserve and We, the People, in which the 
>Federal Reserve had to give us our gold on demand, was made null and void.  
>Referring to House Joint Resolution 192 (June 5, 1933) (Exhibit 44): "That 
>(a) every provision  contained in or made with respect to any obligation 
>which purports to give the obligee a right to require payment in gold or a 
>particular- kind of coin or currency, or in an amount of money of the 
>United States measured thereby is declared to be against public policy; and 
>no such policy shall be contained in or made with respect to any 
>obligationhereafter incurred."
>
>Indeed, our contract with the Federal Reserve was invalidated at the end of 
>Roosevelt's hundred days. We lost our right to require our gold back from 
>the bank in which we had deposited it.   Returning once again to the 
>Roosevelt Papers (Exhibit 45): "This conference of fifty farm leaders met 
>on March  10, 1933. They agreed on recommendations for a bill, which were 
>presented to me at the White House on March 11th by a committee of the  
>conference, who requested me to call upon the Congress for the same broad  
>powers to meet the emergency in agriculture as I had requested for solving 
>the bank crisis."
>
>What was the "broad powers"? That was the War Powers, wasn't it?  And now 
>we see the farm leaders asking President Roosevelt to use the same War  
>Powers to take control of the agricultural industry. Well, needless to say, 
>he did.  We should wonder about all that took place at this conference, for 
>it to result in the eventual acquiescence of farm leadership to the 
>governmental takeover of their livelihoods.  Reading from the Agricultural 
>Adjustment Act, May the 12th, Declaration of Emergency (Exhibit 46): "That 
>the present acute economic emergency being in part the consequence of 
>asevere and increasing disparity between the prices of agriculture and 
>other commodities, which disparity has largely destroyed the purchasing 
>power of farmers for industrial products, has broken down the orderly 
>exchange of commodities, and has seriously impaired the agricultural assets 
>supporting the national credit structure, it is hereby declared that these 
>conditions in the basic industry of agriculture have affected transactions 
>in agricultural commodities with a national public interest, have burdened 
>and obstructed the normal currents of commerce in such commodities and 
>rendered imperative the immediate  enactment of Title 1 of this act."
>
>Now here we see that he is saying that the agricultural assets support the  
>national credit structure.  Did he take the titles of all the land?  
>Remember "Contracts payable in gold!" President Roosevelt needed the 
>support, and agriculture was critical, because of all the millions of acres 
>of farmland at that time, and the value of that farmland. The mortgage on 
>that farmland was what supported the emergency credit. So President 
>Roosevelt had to do something to stabilize the price of land and Federal 
>Reserve Bank notes to create money, didn't he?  So he impressed agriculture 
>into the public interest.  The farming industry was nationalized.
>
>Continuing with the Agricultural Adjustment Act, Declaration of Emergency 
>(Exhibit 47): "It is hereby declared to the public  policy of Congress ..."
>
>Referring now back to Prize Cases (1862) (2  Black, 674)  (Exhibit 24): 
>"But in defining the meaning of the term 'enemies' property,' we will be 
>led into error if we refer to Fleta or Lord Coke for their definition of  
>the word, 'enemy'.  It is a technical phrase peculiar to prize courts, and  
>depends upon principles of public policy as distinguished from the common  
>law."
>
>Once the emergency is declared, the common law is abolished, the  
>Constitution is  abolished and we fall under the absolute will of 
>Government, public policy.   All the government needs to continue is to 
>have public opinion on their side.  If public opinion can be kept, in 
>sufficient degree, on the side of the  government,  statutes, laws and 
>bills can continue to be passed. The Constitution has no meaning. The 
>Constitution is suspended. It has been for 60 years.  We're not under law. 
>Law has been abolished.  We're under a system of public policy,  (War 
>Powers).  So when you go into that courtroom with your Constitution and the
>common law in your hand, what does that judge tell you? He tells you that  
>you have no persona standi in judicio. You have no personal standing at 
>law. He tells you not to bother bringing the Constitution into his court, 
>because it is not a Constitutional court, but an executive tribunal 
>operating under a totally different jurisdiction.
>
>>From Section 93-549 (Exhibit 48) (emphasis added): "Under this procedure we 
>retain Government by law, special, temporary law, perhaps, but law 
>nonetheless. The public may know the extent and the limitations of the 
>powers that can be asserted, and the persons affected may be informed by 
>the statute of their rights and their duties."  If you have any rights, the
>only reason you have them is because they have been statutorily declared, 
>and your duties well spelled out, and if you violate the orders of those 
>statutes, you  will be charged, not with a crime, but with an offense.
>
>Again from 93-549, from the words of Mr. Katzenbach (Exhibit 49): 
>"Myrecollection is that almost every executive order ever issued straddles 
>on several grounds, but it almost always includes the Trading With the 
>Enemy Act because the language of that act Is so broad, it would 'justify 
>almost  anything."
>
>Speaking on the subject of a challenge to the Act by the people,  Justice 
>Clark then says, "Most  difficult from a standpoint of standing to sue. The 
>Court, you might say, has enlarged the standing rule in favor of the 
>litigant. But I don't think it has reached the  point, presently, that 
>would permit many such cases to be litigated to the merits."  Senator 
>Church then made the comment: "What you're saying, then, is that if 
>Congress doesn't act to standardize, restrict, or eliminate the emergency  
>powers, that no one else is very likely to get a standing in court to  
>contest."  No persona standi n judicio, - no personal standing in the 
>courts.
>
>Continuing  with Senate Report 93-549 (Exhibit 50): "The interesting aspect 
>of the  legislation lies in the fact that it created a permanent agency 
>designed to eradicate an emergency condition in the sphere of agriculture."
>
>These agencies, of which there are now thousands, and which now control 
>every aspect of our lives, were ostensibly created as temporary agencies 
>meant to last only as long as the national emergency.  They have become, in 
>fact, permanent agencies, as has the state of national emergency itself. As 
>Franklin Delano Roosevelt said: "We will never go back to the old order." 
>That quote takes on a different meaning in light of what we have seen so 
>far.
>
>In Exhibit 51, Senate Report 93-549, we find a quote from Senator Church: 
>"If the President can create crimes by fiat and without congressional 
>approval, our system is not much different from that of the Communists, 
>which allegedly threatens our existence. "We see on this same document, at 
>the bottom right-hand side of the page, as a Title,  the  words, "Enormous 
>Scope of Powers... A Time Bomb".  Remember, this is Congress'  own  
>document, from the year 1973.  Most people might not look to agriculture  
>to provide them with this type of information.
>
>But let us look at Title III of the Agricultural Adjustment Act, which is 
>also called the Emergency Farm Mortgage Act of 1933 (Exhibit 52): "TitleIII 
>- Financing - And Exercising Power Conferred by Section 8 of Article I of 
>the Constitution: To Coin Money And To Regulate the Value Thereof."  From 
>Section 43 of Exhibit  52: "Whenever the  President finds upon 
>investigation that the foreign commerce of the United States is adversely 
>affected ... and an expansion of credit is necessary to secure by 
>international agreement a stabilization at proper levels of the currencies  
>of various governments, the President is authorized, in his discretion ... 
>To direct the Secretary of the Treasury to enter into agreements with the 
>several Federal Reserve banks..."
>
>Remember that in the Constitution it states that Congress has the authority 
>to coin all money and regulate the value thereof. How can it be then that 
>the Executive branch is issuing an emergency currency, and quoting the  
>Constitution as its authority to do so?
>
>Under Section 1 of the same Act (Exhibit 53) we find the following: "To 
>direct the Secretary of the treasury to cause to be issued in such amount 
>or amounts as he may from time to time order,  United States notes, as 
>provided in the Act entitled "An Act to authorize the issue of United 
>States notes and for the redemption of funding thereof and for funding 
>thefloating debt of the United States, approved February 25, 1862, and Acts 
>supplementary thereto and amendatory thereof."
>
>What is the Act of February  25, 1862? It is the Greenback Act of President 
>Abraham Lincoln. Let us remember that, when Abraham Lincoln was elected and 
>inaugurated, he didn't even have a Congress for the first six weeks. He did 
>not, however, call an extra session of Congress. He issued money, he 
>declared war, he suspended habeas corpus, it was an absolute Constitutional 
>dictatorship.  There was not even a Congress in session for six weeks.  
>When Lincoln's Congress came into session six weeks later, they entered the 
>following statement into the Congressional record:  "The actions, rules, 
>regulations, licenses, heretofore or hereafter taken, are hereby approved 
>and confirmed..." This is the exact language of March 9, 1933 and Title  
>12, USC, Section 95(b), today.
>
>We now come to the question of how to terminate these extraordinary powers 
>granted under a declaration of national emergency. We have learned that, in 
>order for the extraordinary powers to be terminated, the national emergency 
>itself must be canceled. Reading from the Agricultural Act,  Section 
>13(Exhibit 54): "This title shall cease to be in effect whenever 
>thePresident finds and proclaims that the national economic emergency in     
>relation to agriculture has been ended."
>
>Whenever the President finds by proclamation that the proclamation issued 
>on March 6, 1933 has terminated, it has to terminate through presidential 
>proclamation just as it came into effect.
>
>Congress had already delegated all of that authority, and therefore was in  
>no position to take it back.  In Senate Report 93-549, we find the  
>following statement from Congress (Exhibit 55): "Furthermore, it would be 
>largely futile task unless we have the President's active collaboration.  
>Having delegated this authority to the President in ways that permit him to
>determine how long it shall continue, simply through the device of keeping 
>emergency declarations alive - we now find ourselves in a position where we 
>cannot reclaim the power without the President's acquiescence.  We are 
>unable to terminate these declarations without the President's signature, 
>so we need a large measure of Presidential cooperation".
>
>It appears that no president has been willing to give up this extraordinary 
>power, and, if they will not sign the termination proclamation, the access 
>to, and usage of, extraordinary powers does not terminate. At least, it  
>has not terminated for over 60 years.  Now, that's no definite indication  
>that a President from Bill Clinton on might not eventually sign the 
>termination proclamation, but 60 years of experience would lead one to 
>doubt that day will ever come by itself.  But the question now to ask is 
>this: How many times have We, the People, asked the President to terminate 
>his access to extraordinary powers, or the situation on which it is based, 
>the declared national emergency?  Who has ever demanded that this be done? 
>How many of us even knew that it had been done? And, without the knowledge 
>contained in this report, how long do you think the blindness of the 
>American public to this situation would have continued, and with it the 
>abolishment of the Constitution?
>
>But we're not quite as in the dark as we were, are we?  In Senate Report 
>93-549 (Exhibit 56), we find the following statement from Senator Church:  
>"These powers, if exercised, would confer upon the President total 
>authority to do anything he pleased."  Elsewhere in Senate Report 93-549, 
>Senator Church makes the remarkable statement  (Exhibit 57): "Like a loaded 
>gun laying around the house, the plethora of delegated authority and 
>institutions to meet almost every kind of conceivable crisis stand ready 
>for use for purposes other than their original intention ...
>
>Machiavelli, in his "Discourses of Livy," acknowledged that great power may 
>have to be given to the Executive if the State is to survive, but warned of 
>great dangers in doing so.  He cautioned:  Nor is it sufficient if this 
>power be conferred upon good men; for men are frail, and easily corrupted, 
>and then in a short time, he that is absolute may easily corrupt the 
>people."   Now, a quote from an exclusive  reply (Exhibit 58) written May 
>21, 1973, by the Attorney General of the United States regarding studies 
>undertaken by the Justice Department on the question of the termination of 
>the standing national emergency: "As a consequence, a "national emergency" 
>is now a practical necessity in order to carry out what has become the 
>regular and normal method of governmental actions. What were intended by 
>Congress as delegations of power to be used only in the most extreme 
>situations, and for the most limited duration's, have become  everyday 
>powers, and a state of "emergency" has become a permanent condition."
>
>>From United States v. Butler (Supreme Court, 1935) (Exhibit 59): "A tax, in 
>the general understanding and in the strict Constitutional sense, is an 
>exaction for the support of government; the term does not connote the 
>expropriation of money from one group to be expended for another, as a 
>necessary means in a plan of regulation, such as the plan for regulating 
>agricultural production set up in the Agricultural Adjustment Act."  What 
>is being said here is that a tax can only be an exaction for the support of 
>government, not for an expropriation from one group for the use of another. 
>That would be socialism, wouldn't it?
>
>Quoting further from United States v. Butler (Exhibit 60):  "The regulation 
>of farmer's activities under the statute, though in form subject to his own 
>will, is in fact coercion through economic pressure; his right of choice is 
>illusory.  Even if a farmer's consent were purely voluntary, the Act would 
>stand no better.
>
>At best it is a scheme for purchasing with federal funds submission to 
>federal regulation of a subject reserved to the states."  Speaking of 
>contracts, those contracts are coercion contracts. They are adhesion 
>contracts made by a superior over an inferior.  They are under the 
>belligerent capacity of government over enemies.
>
>They are not valid contracts.  Again from United States v. Butler  (Exhibit
>61):  "If the novel view of the General Welfare Clause now advanced in 
>support of the tax were accepted, this clause would not only enable 
>Congress to supplant the states in the regulation of agriculture and all 
>other industries as well, but would furnish the means whereby all of the 
>other provisions of the Constitution, sedulously framed to define and limit 
>the powers of the United States and preserve the powers of the states, 
>could be broken down, the independence of the individual states 
>obliterated, and the United States converted into a central government 
>exercising uncontrolled police power throughout the union superseding all 
>local control over local concerns."
>
>Please, read the above paragraph again.  The understanding of its meaning 
>is vital.  The United States Supreme Court ruled the New Deal, the 
>nationalization, unconstitutional in the Agricultural Adjustment Act and 
>they turned it down flat. The Supreme Court declared it to be   
>unconstitutional. They said, in effect, "You're turning the federal  
>government into an uncontrolled police state, exercising uncontrolled 
>police power."
>
>What did Roosevelt do next? He stacked the Supreme Court, didn't he? And in
>1937, United States v. Butler was overturned.  From the 65th Congress, 1st  
>Session Doc. 87, under the section entitled Constitutional Sources of Laws 
>of War, Page 7, Clause II, we find (Exhibit 62): "The existence of war and 
>the restoration of peace are to be determined by the political department 
>of the government, and such determination is binding and conclusive upon 
>the courts, and deprives the courts of the power of hearing proof and 
>determining as a question of fact either that war exists or has ceased to 
>exist."
>
>The courts will tell you that is a political question, for they (the 
>courts) do not have jurisdiction over the common law.  The courts were 
>deprived of the Constitution.  They were deprived of the common law. There 
>are now courts of prize over the enemies, and we have no persona standi in 
>judicio. We have no personal standing under the law.  Also from the 65th 
>Congress, under the section entitled Constitutional Sources of Laws of  
>War, we find (Exhibit 63): "When the sovereign authority shall choose to  
>bring it into operation, the judicial department must give effect to its 
>will.  But until that will shall be expressed, no power of condemnation can 
>exist in the  court."
>
>>From Senate Report 93-549 (Exhibit 64):  "Just how effective a limitation  
>on crisis action this makes of the court is hard to say. In light of the  
>recent war, the court today would seem to be a fairly harmless observer of 
>the emergency activities of the President and Congress. It is highly 
>unlikely that the separation of powers and the 10th Amendment will be 
>called upon again to hamstring the efforts of the government to deal 
>resolutely with a serious national emergency."  So much for our 
>Constitutional system of checks and balances.  And from that same Senate 
>Report, in the section entitled,  "Emergency Administration", a 
>continuation of Exhibit 64: "Organizationally, in dealing with the 
>depression, it was Roosevelt's general policy to assign new, emergency  
>functions to newly created agencies,  rather than to already existing       
>departments."  Thus, thousands of "temporary" emergency agencies, are now 
>sitting out there with emergency functions to rule us in all cases  
>whatsoever.
>
>Finally, let us look briefly at the courts, specifically with regard to the
>question of "booty". The following definition of the term, "prize" is to be
>found in Bouvier's Law Dictionary  (Exhibit 65): "Goods taken on land from 
>a public enemy are called booty;  and the distinction between a prize and 
>booty consists in this, that the former is taken at sea and the latter on 
>land."  This significance of the distinction between these two terms is 
>critical, a fact which will become quite clear shortly.  Let us now 
>remember that "Congress shall have the power to make rules on all captures 
>on the land and the water."  To  reiterate, captures on the land are booty, 
>and captures on the water are prize.  Now, the Constitution says that 
>Congress shall have the power to provide and maintain a navy, even during 
>peacetime. It also says that Congress shall have the power to raise and 
>support an army, but no appropriations of money for that purpose shall be 
>for greater than two years. Here we can see that an army is not a permanent 
>standing body, because, in times of peace, armies were held by the 
>sovereign states as militia. So the United States had a navy during 
>peacetime, but no standing army; we had instead the individual state 
>militias.  Consequently, the federal government had a standing prize court, 
>due to the fact that it had a standing navy, whether in times of peace or 
>war. But in times of peace, there could be no federal police power over the 
>continental United States,  because there was to be no army.  From the 
>report The Law of Civil Government in Territory Subject to Military 
>Occupation by Military Forces of the United States, published by order of 
>the Secretary of War in 1902, under the heading entitled The Confiscation 
>of Private Property of Enemies in War (Exhibit 66), comes the following 
>quote: "4. Should the President desire to utilize the services of the    
>Federal courts of the United States in promoting this purpose or military  
>undertaking, since these courts derive their jurisdiction from Congress  
>and do not constitute a part of the military establishment, they must 
>secure from Congress the necessary action to confer such jurisdiction upon 
>said courts."
>
>This means that, if the government is going to confiscate property within  
>the continental United States on the land (booty), it must obtain statutory
>authority.  In this same section (Exhibit 66), we find the  following 
>words: "5. The laws and usage's of war make a distinction between enemies'  
>property captured on the sea and property captured on land. The 
>jurisdiction of the courts of the United States over property captured at 
>sea is held not to attach to property captured on land in the absence of 
>Congressional action."  There is no standing prize court over the land. 
>Once war is declared, Congress must give jurisdiction to particular courts 
>over captures on the land by positive Congressional action.
>
>To continue with (Exhibit 66): "The right of confiscation is a sovereign 
>right. In times of peace, the exercise of this right is limited and 
>controlled by the domestic Constitution and institutions of the  
>government.  In times of war, when the right is exercised against enemies' 
>property as a war measure, such right becomes a belligerent right, and as 
>such is not subject to the restrictions imposed by domestic institutions, 
>but is regulated and controlled by the laws and usage's of war."  So we see 
>that our government can operate in two capacities: (a) in its sovereign 
>peacetime capacity, with the limitations placed upon it by the Constitution 
>and restrictions placed upon it by We, the People, or (b) in a wartime 
>capacity, where it may operate in its belligerent capacity governed not by 
>the Constitution, but only by the laws of war.
>
>In  Section 17 of the Act of October 6, 1917, the Trading With the Enemy  
>Act (Exhibit  67): "That the district courts of the United States are 
>hereby given jurisdiction to make and enter all such rules as to notice and 
>otherwise; and all such orders and decrees; and to issue such process as 
>may be necessary and proper in the premises to enforce the provisions of 
>this act."  Here we  have  Congress conferring upon the district courts of 
>the  United States the  booty  jurisdiction, the jurisdiction over enemy 
>property within  the continental  United  States. And at the time of the 
>original, unamended, Trading with the Enemy Act, we were indeed at war, a 
>World war, and so booty jurisdiction over enemies' property in the courts 
>was appropriate.
>
>At that time, remember, we were not yet declared the enemy. We were 
>excluded from the provisions of the original act.   In 1934 Congress passed 
>an Act merging equity and law abolishing common law.  This Act, known as 
>the Federal Rules of Civil Procedures Act, was not to come into effect 
>until 6 months after the letter of transmittal from the Supreme Court to 
>Congress.
>
>The Supreme Court refused transmittal and the transmittal did not occur 
>until Franklin D. Roosevelt stacked the Supreme Court in 1938  (Exhibits 
>67(a) and (b)).  But on March the 9th of 1933, the American people were 
>declared to be the public enemy under the amended version of the Trading  
>With the Enemy Act.
>
>What jurisdiction were We, the People, then placed  under?  We were now the 
>booty jurisdiction given to the district courts by Congress.   It was no 
>longer be necessary, or of any value at all, to bring the Constitution of  
>the United States with us upon entering a courtroom, for that court was no  
>longer a court of common law, but a tribunal under wartime booty 
>jurisdiction.
>
>Take a look at the American flag in most American courtrooms. The gold  
>fringe around our flag designates Admiralty jurisdiction.  Executive Order 
>No. 11677 issued by President Richard M. Nixon August 1, 1972 (Exhibit 68) 
>states: "Continuing the Regulation of Exports; By virtue of the authority 
>vested in the President by the Constitution and statutes of the United 
>States, including Section 5 (b) of the Act of October 6, 1917, as amended 
>(12 U. S. C. 95a), and in view of the continued existence of the national 
>emergencies..."  Later, in the same Executive Order (Exhibit 69), we find 
>the following: "...under the authority vested in me as President of the 
>United States by Section 5(b) of the Act of October 6, 1917, as amended (12 
>U. S. C. 95a)..."  Section 5(b) certainly seems to be an one-sided support 
>for Presidential authority, doesn't it?
>
>Surely the reason for this can be found by referring back to Exhibit 49, 
>the words of Mr. Katzenbach in Senate Report 93-549: "My recollection is 
>that almost every executive order ever issued straddles on several grounds, 
>but it almost always includes the Trading With the Enemy Act because the 
>language of that act is so broad, it would justify almost anything."  The 
>question here, and it should be a question of grave concern to every 
>American, is what type of acts can "almost anything" cover?
>
>What has been, and is being, done, by our government under the cloak of 
>authority conferred by Section 5(b) ?  By now, I think we are beginning to 
>know.  Has the termination of the national emergency ever been considered?
>
>In Public Law 94412, September 14, 1976 (Exhibit 70), we find that Congress
>had finally finished their exhaustive study on the national emergencies, 
>and the words of their findings were that they would terminate the existing
>national emergencies.
>
>We should be able to heave a sigh of relief at this decision, for with the 
>termination of the national emergencies will come the corresponding 
>termination of extraordinary Presidential power, won't it?
>
>But yet we have learned two difficult lessons: that we are still in the 
>national emergency, and that power, once grasped, is difficult to let go. 
>And so now it should come as no surprise when we read, in the last section 
>of the Act, Section 502 (Exhibit  71), the following words: "(a): The 
>provisions of this act shall not apply to the following provisions of law, 
>the powers and authorities conferred thereby and actions taken thereunder 
>(1) Section 5(b) of the Act of October 6, 1917, as amended (12 U. S. C. 
>95a; 50 U. S. C. App. 5b)."
>
>The bleak reality is, the situation has not changed at all.  The alarming  
>situation in which We, the People, find ourselves today causes us to think 
>back to a time over two hundred years ago in our nation's history when our 
>forefathers were also laboring under the burden of governmental usurpation 
>of individual rights. Their response, written in 1774, two years before the 
>signing of the Declaration of Independence, to the attempts of Great 
>Britain to retain extraordinary powers it had held during a time of war 
>became known as the "Declaration of Rights" (Exhibit  72).  And in that 
>document, we find these words: "Whereas, since the close of the last war, 
>the British Parliament, claiming a power of right to bind the people of  
>America, by statute, in all cases whatsoever, hath in some acts expressly  
>imposed taxes on them.   And in others, under various pretenses, but in 
>fact for the purpose of raising a revenue, hath imposed rates and duties 
>payable in these colonies established a board of commissioners, with 
>unconstitutional powers, and extended the jurisdiction of the courts of 
>admiralty, not only for collecting the said duties, but for the trial of 
>causes merely arising within the body of a county."
>
>We can see now that we have come full circle to the situation which  
>existed in 1774, but with one crucial difference. In 1774, Americans were   
>protesting against a colonial power which sought to bind and control its  
>colony by wartime powers in a time of peace. In 1994, it is our own 
>government which has sought, successfully to date, to bind its own people 
>by the same subtle, insidious method.
>
>Article 3, Section 3, of our Constitution states: "Treason against the 
>United States, shall consist only in levying War against them, or in  
>adhering to their Enemies, giving them aid and comfort.  No Person shall be
>convicted of Treason unless on the Testimony of two Witnesses to the same  
>overt Act, or on Confession in open Court."  Is the Act of March 9, 1933,  
>treason?   That would be for the common law courts to decide.  At this 
>point in our nation's history, the point is moot, for common law, and 
>indeed the Constitution itself, do not operate or exist at present. Whether 
>governmental acts of theft of the nation's money, the citizens' property, 
>and American liberty as an ideal and a reality which have occurred since 
>1933is treason against the people of the United States, as the term is 
>defined by the Constitution of the United States cannot even be determined 
>or argued in the legal sense until the Constitution itself is 
>reestablished.
>
>For our part, however, we firmly believe that, "by their fruits ye shall 
>know them", and on that authority we rest our case.
>
>                                CONCLUSION
>
>As you have just witnessed, the United States of America continues to exist
>in a governmentally ordained state of national emergency. Under such a 
>state of emergency, our Constitution has been set aside, ostensibly for the 
>public good,  until the emergency is canceled.  But, as experience 
>painfully shows, it has not been to the public's good that our government 
>has used its unrestricted power, unhampered by the Constitution's 
>restraining force. The governmental edicts and actions over the past six 
>decades have led us to the desperate state in which we find ourselves 
>today. Besieged on every side, corroding from within, frightened and in 
>despair, we as a nation are being torn asunder.
>
>There is, a national emergency today, one of life and death proportions, 
>but it is not the emergency used by our government to continue its abuse of 
>power. It is this very abuse, this unbridled rape of the American spirit, 
>that is the crux of the emergency we are in today.  But this true emergency 
>cannot be cured by setting aside the Constitution; no, it can only be 
>controlled by returning to the laws of God and Country which have been 
>stolen from us by those in whom we placed our trust to protect the national 
>interest.
>
>We are a nation whose government is based upon those immortal words, "a 
>government of the people, by the people, for the people."  One has only to 
>walk down the highways and byways of this great land to know all too well 
>that this is not a government of the people or for the people.  Actions 
>speak louder than words, and the actions taken over the past decades have 
>resulted in an unparalleled decline of American economic and political  
>power, and a weakening of American values and spirit.
>
>This is not a crisis in which the taking up of arms is the answer. No, this 
>is a situation in which we firmly believe that the pen will be mightier 
>than the sword. That a state of emergency exists cannot be disputed. That 
>the emergency is one which should concern every American alive cannot be 
>denied.  That we must stand together, laying aside our individual  
>differences, to fight the common foe, is of vital importance, for the time 
>to act is now. But this is not a battle of swords, but of knowledge, for 
>only when the deception is exposed to the light of day  can the healing 
>process begin.
>
>Truth stands tall in the light of day, and it is the truth we bring to you 
>today. Let it be known and understood that it is our intention to make this 
>information available to every concerned American who desires to know the 
>true State of the Union. This is an undertaking of immense proportions, but 
>we have dedicated ourselves to bringing this information to the light of 
>day, and with the help of "We, the People", we will be successful in our 
>efforts.
>
>Every American who is thankful for the opportunity to call themselves 
>American must also accept the responsibility that comes with that title. We 
>the People have not only a right, but a responsibility to each other and to 
>those who have gone before us to learn what our government is doing, and  
>to judge whether actions taken benefit the people who will bear the costs.  
>We have been in the dark long enough, content to rest on our past glories 
>and let the government take its course. In a way, we have been like 
>children, trusting in our parents to act in our best interest.  But as we 
>have too frequently seen in the nightly news, not all parents have their 
>children's best interest at heart.
>
>The time has come for us to take off our blinders and accept reality, for 
>the time of national reckoning has arrived.  The majority of our elected 
>and appointed officials are no more responsible for the current state of  
>affairs than are we. The strings are being manipulated at far higher levels 
>than the positions most officials occupy. They are working with little 
>knowledge or authority, trying to control problems far bigger than even  
>they realize.
>
>Their programs and actions may seek to cure the symptoms, but the time has 
>now come to attack the disease. They are no more guilty than we are, nor  
>will they be any  more protected when the nation collapses on us all.  If 
>we blame them for this national emergency, we must also truly blame 
>ourselves, for it is "We the People" to whom this nation was given and 
>whose duty it was to keep a watchful eye on those who direct the sails of 
>the ship of state. We have, however, fallen asleep, and while we were 
>dreaming the American dream, a band of pirates stole the Constitution and 
>put our people into slavery.
>
>And since that terrible day when our Constitution was cast aside, not one 
>President or Congress, nor one Supreme Court justice has been able or 
>willing to return it to its rightful owners. Given the current state of the 
>union, there is no reason to expect this situation to change unless we 
>ourselves cause it to be so.  Let us put the childish emotions of pity and 
>self-deception away, stand up, stand together and fight back.  Now is the 
>time to stop dreaming, and start the long work before us. Now is the time 
>to turn back to the principles and ideals on which this nation was founded, 
>the strong foundation from which our national identity springs.
>
>When does tolerance become anarchy? When does protection become slavery?  
>When is  enough enough? Now is when - here and now.  Now is the  time to 
>return to  the laws set forth by God, and throw off these chains of  
>ignorance and bondage which grip our nation to the point of death. Let us 
>return to the source, the standard of excellence set for us long ago. Our 
>message to Congress and all elected and appointed officials must be, "Let 
>my people go!",  for we are all laboring under a system which will 
>eventually crush us, regardless of our religion, our sex, or the color of 
>our skin.
>
>We must let those at all levels of governmental authority know that we have 
>learned of the deception which lies at the core of our national malaise.  
>We must tell them in no uncertain terms that we will tolerate this great 
>lie no longer, and we must put them on notice that we expect them to resign 
>if they have not the courage and the resolve to help this nation in its 
>hour of need.  We have been fools long enough. No matter how long after  
>the date you read this report, start each and every week without fail to  
>give a copy of this information to at least one person you know. We also  
>ask you to write a letter to Congress telling them to "Let our People go", 
>or you can use the form letter you will find enclosed in the report.
>
>We must let our elected officials know that we expect them as servants of 
>the people to help us reestablish law and order and restore our national 
>pride. They must, repeal proclamation 2039, 2040, and Title 12 USC 95(a) 
>and 95(b), thereby  canceling the National Emergency, and reestablish the 
>Constitution of this nation.
>
>Now is the time for excellence of action. We demand it and will accept 
>nothing less.  This is our country, to protect and defend, no matter the 
>cost. To do nothing out of fear or apathy is exactly what those in power 
>are hoping for, for it is ignorance and apathy that the darkness likes 
>best.
>
>We must not be a party to the darkness enveloping our nation any longer. We 
>must come into the light, and give our every drop of blood, sweat and tears 
>to bring our nation back with us.  We must acknowledge that if we do 
>nothing, if we are not willing to act now and act boldly, without fear but 
>with faith and a firm resolve, our freedom to act, at all may soon be taken 
>away altogether.
>
>New bills, new laws are being presented dally which will effectively serve 
>to tighten the chains of bondage already encircling this nation.  My 
>friends, we are not going into slavery, we are already there. Make no 
>mistake those in power are already tightening the chains, but they are 
>doing so slowly, quietly and with great caution, for fear of awakening the 
>slumbering lion which is the voice of the American people.
>
>There is yet still time for us to slip loose the chains which bind us, and 
>for us to bring about the restoration of this nation.  If we act, if we 
>make our concerns known and shout out our refusal to accept the future 
>which has been planned for us by those who hold no allegiance to this great 
>land of ours, we can yet demand and see come to pass the day when the state 
>of emergency is canceled and the Constitution is restored to her rightful 
>place as the watchdog of those for whom absolute power corrupts absolutely.
>
>If we repent of our ignorance and our apathy, and return to the God-given 
>laws on which this nation was founded, we may yet be free.  We will 
>continue to hold meetings and offer this information until everyone in 
>America has had an opportunity to hear it and we have set our nation free.
>
>We will not tolerate less. We are Americans and that means far more than  
>most of us realize.  If it first it seems you are working alone, do not  
>give up, for as this information spreads across the land to the great 
>cities and small towns, you will find yourself in excellent company. You 
>already are as only one, for behind you stand all the heroes of our history 
>who fought and died to keep this nation free.
>
>Again, we must stress that we are not asking you to pick up guns; in fact, 
>we implore you not to, no matter how angry the news of this deception has 
>made you. Turn your anger into a steely resolve, a fierce determination not 
>to give up until the battle has been won. We are not asking you for lots of 
>money; that's their game, the "almighty dollar". It is the substitution of 
>wealth and possessions for integrity and honor that helped get us into this 
>true state of emergency in which we find ourselves now. We are not asking 
>you for more time than you can give, although we do ask you to give what  
>time you can to get this information out.  What we ask from you is your   
>commitment to stand with those around you to help us restore this nation to
>her rightful place in history, both that written and that yet to be told.
>
>Abraham Lincoln once said, "We the People are the rightful masters of both 
>Congress and the Courts - not to overthrow the Constitution, but to 
>overthrow the men who pervert the Constitution". We must stand together now 
>in this, our national hour of need. As the United States Supreme Court once 
>said, "It is not the function of our government to keep the citizen from 
>falling into error; it is the function of the citizen to keep the 
>government from falling into error".  Each  individual, their attitudes and 
>actions, forges their own special link in the great chain of history.  Now 
>is the time to add to that precious inheritance of honor and duty which has 
>kept America alive because the choices we make and the actions we take   
>today are a part of history as well as our future.
>
>The vision for America has not died; the "land of the free and the home of 
>the brave" still exists.   There is still time to turn the tide for this 
>great land, but we must join together to make it happen.  We have a debt of 
>honor to the past and the future, a call to glory to rescue out homeland 
>from the hands of those who would see her fall.  We cannot, we must not 
>fail.
>
>Example Letter to the President
>
>Date:
>
>Your  NameAddress City, State, Zip
>
>President Clinton1600 Pennsylvania Ave.Washington, D.C. 20510
>
>Sir:  I am an American citizen who is aware of the  extraordinary powers 
>conferred upon you by the declared state of "national emergency"  under  
>which America has labored for over sixty years.  These powers, available to
>the Executive branch since March of 1933, have effectively placed the 
>American people in slavery, by nationalizing the vital industries of this 
>nation and removing the common law from our court system.  I understand 
>that, because of this ongoing "national emergency", the Constitution of the 
>United States has been effectively set aside.
>
>I remind you now of the oath you took upon entering the office which you 
>now occupy by permission of the American people. When you took your oath of 
>office, you swore that you would uphold the Constitution of the United 
>States.
>
>I charge you now to carry out the duties and actions of your oath of 
>office, and return the Constitution to its rightful place in our  
>government by canceling the state of national emergency. I urge you to  
>repeal Proclamations 2039 and 2040, and the amended version of the Trading 
>with the Enemy Act of October 6, 1917, especially Section 5 (b), under 
>which so many actions injurious to the spirit and livelihood of the 
>American people have been taken.
>
>If you are unwilling or unable to take these steps toward restoring   
>America to the Constitutional republic she was designed to be, I urge you  
>to resign from your position as a servant of the American people.  I will  
>continue to urge our government to correct this situation until such time 
>as you have  canceled the state of national emergency, and returned the 
>Constitution of the United States to its rightful owners - We, the People.
>
>Sincerely,
>
>
>Back to letters to servants Example Letter to the House of Representatives
>
>Date:
>
>Your Name
>Address
>City, State, Zip
>
>The Honorable United States House of Representatives
>2449 Rayburn Building
>Washington, D.C. 20510
>
>Dear Sir (or  Madam):
>
>I am taking advantage of my American freedom, while I still have it, to  
>urge you to stand up for the American people, and make it your position  
>that the declared state of national emergency which has operated in this 
>great nation for over sixty years be canceled immediately.
>
>I have been apprised of the amendment to Section 5(b) of the Trading with 
>the Enemy Act of October 6, 1917, and understand the extraordinary powers 
>it has conferred upon the Executive branch of our government.
>
>These excessive powers have been used to sell our nation into slavery, by 
>effectively nationalizing our vital industries and separating the American 
>citizen from their nights under common law.  I know that the Constitution 
>of this United States has been set aside under this "national  emergency".
>
>I urge you now, as a servant of the American people, to commit yourself to 
>working for its immediate return to its rightful owners - We, the People. 
>If you are unwilling or unable to take this stand in defense of your   
>country, I request that you tender you resignation so that another may take
>your place who is willing and/or able to do what you are not.  The Supreme 
>Court once said, "It is not the function of our government to keep the 
>citizen from falling into error; it is the function of the citizen to keep 
>our government from falling into error."
>
>As such, I hereby charge you to repeal Proclamations 2039 and 2040, and 12 
>USC 95 (a) and (b), reestablish the Constitution of the United States to 
>its rightful position in our government, and Let My People  Go.    
>Sincerely,
>
>
>Back to letters to servants
>
>Example Letter to the United States Senate
>
>Date:
>
>Your Name
>Address
>City, State, Zip
>
>The Honorable United States Senate
>703 Hart, Senate Bldg.
>Washington, D.C. 20510
>
>Dear Sir (or   Madam):
>
>I am taking advantage of my American freedom, while I still have it, to  
>urge you to stand up for the American people, and make it your position  
>that the declared state of national emergency which has operated in this 
>great nation for over sixty years be canceled immediately.
>
>I have been apprised of the amendment to Section 5(b) of the Trading with 
>the Enemy Act of October 6, 1917, and understand the extraordinary powers 
>it has conferred upon the Executive branch of our government.
>
>These excessive powers have been used to sell our nation into slavery, by 
>effectively nationalizing our vital industries and separating the American 
>citizen from their nights under common law.  I know that the Constitution 
>of this United States has been set aside under this "national emergency".
>
>I urge you now, as a servant of the American people, to commit yourself to 
>working for its immediate return to its rightful owners - We, the People. 
>If you are unwilling or unable to take this stand in defense of your   
>country, I request that you tender you resignation so that another may take
>your place who is willing and/or able to do what you are not.  The Supreme 
>Court once said, "It is not the function of our government to keep the 
>citizen from falling into error; it is the function of the citizen to keep 
>our government from falling into error."
>
>As such, I hereby charge you to repeal Proclamations 2039 and 2040, and 12 
>USC 95 (a) and (b), reestablish the Constitution of the United States to 
>its rightful position in our government, and Let My People  Go.
>
>Sincerely,
>(Your name)
>


========================================================================
Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
email:       [address in tool bar]   : Eudora Pro 3.0.1 on Intel 586 CPU
web site:  http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
             Tucson, Arizona state   : state zone,  not the federal zone
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========================================================================


      


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