Common Sense No. 4

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National Socialism: A Plan Waiting For An "Emergency"

Commentary by Richard W. Stevens, Esq.

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

Executive Power Over “Energy”

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

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

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

Executive Power over "Foreign" Interests

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

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

Executive Order for "Emergency Preparedness"

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

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

Stay Alert, Stay Armed

We can’t blame one president or one political party for the federal power grab. These laws and orders stretch over decades. To deter federal power abuse, every peaceful freedom-loving citizen should own a serious firearm and be adequately trained. Only individual citizens, knowledgeable about their rights, armed individually and united in action, can prevent a potential federal takeover.

50 U.S. Code Appendix § 2071(a)-(c).
3 U.S. Code § 301.
EO 12919, June 3, 1994, § 201.
50 U.S. Code §§ 1701(a)-(b), 1702(a).
EO 11490, 34 Fed. Reg. 17567-17599, Oct. 30, 1969.


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