The radio and TV had been carrying news bulletins all
day. The President was going to make an emergency announce-
ment in place of the evening news. Speculation was high as
to what the emergency could be . . . there wasn't anything in
the news lately to point to any international crisis.
At 5:30 that evening, the President appeared on tele-
vision and made the following startling declaration:
"Fellow citizens, under the authority of Executive Order No.
11921, I am declaring a state of emergency in this country.
Immediately and henceforth, the following orders will go into
effect. As soon as it is possible, others will follow.
(1) I declare all banking operations suspended and
stock market operations will cease.
(2) Food rationing will be instituted along with wage
and price controls. Printing of ration coupons has
started. All purchases will not exceed $60.00 per
week per family to prevent hoarding.
(3) Ownership of gold and silver, which are not in
coins, is hereby prohibited. All precious metals
will therefore be relinquished and deposited in
banks as soon as they are reopened.
(4) Suspension of all judicial processes is immediate.
Habeas corpus included. Anyone suspected of
violating these emergency orders is subject to
(5) Citizens will turn in all weapons and ammunition to
police authorities or National Guard armories.
(6) All programs at colleges and universities will
cease until the programs are further evaluated by
(7) All military forces are put on full alert and will
report immediately to their respective duty
stations. All persons responsible to report in the
event of mobilization will report as required.
(8) The publication of all newspapers and private news-
letters will cease as of tomorrow morning pending
the establishment of a censorship board.
(9) Foreign travel for US citizens is discontinued
during this emergency.
(10) Gas rationing is hereby imposed immediately. Until
coupons are distributed, each private vehicle will
be allotted 10 gallons per week. Recording of
license numbers on each purchase is mandatory."
We stared at each other in disbelief. He went on to
tell us that distribution of work permits for all citizens
will begin shortly. Substitution of new colored money for
our old money, with certain limits of course, will start next
week. This would be an absolute dictatorship. In the United
As an explanation, he said the inflation rate in third
world countries had exceeded 1000%. They had repudiated
their debts to US banks. The Japanese stock market is on the
verge of collapse and it will have serious aftershocks on our
economy. To insure the continued operation of our govern-
ment, these steps were necessary.
Insuring compliance was imperative for the smooth
continuance of our government he said. Compliance is not
voluntary, it is mandatory. The President (if that is the
proper title now) announced he was activating the National
Guard to enforce these orders. The bottom line was to
prevent anarchy and bloodshed.
Wait just a minute. Just where did the President find
the authority? How can he declare an emergency and stop all
the rights we have enjoyed for over 200 years? That's
Jim looked at me and said, "Let 'em try and get my
weapons!" I grinned. Yet inside, I felt a gnawing which
said, "They will get the weapons from you, my friend. This
is a bad scene."
The majority leader of the Senate and the Speaker of the
House called Congress into immediate emergency session. They
discovered that they were powerless to countermand the
declaration. The law was on the books and gave Congress no
authority to stop the actions taken under Executive Order No.
Have you ever heard of an executive order? The Consti-
tution is explicit that execution of laws is the only duty of
the executive branch. They have no authority to make a law.
Checking Black's Law Dictionary, 5th Ed., we find:
Executive Order . . . "An order or regulation issued by the
President or some administrative authority under his dir-
ection for the purpose of interpreting, implementing, or
giving administrative effect to a provision of the Constitu-
tion or of some law or treaty. To have the effect of law,
such orders must be published in the Federal Register."
Sorry, but this is a G.. D... LIE!
Never heard of the Federal Register? It's a publica-
tion that contains over 75,000 pages a year where all
regulations and executive orders are published. Once
published, the Congress or private citizen has 30 days to
challenge the proposed regulation or it becomes law. How's
that for an easy way to make a law? We have been getting the
short end of the stick.
It looks as though they have finally come out in the
open and admitted that due process of law is an illusion.
Just a story? For right now, yes. But, this executive
order IS ON THE BOOKS. ALL it needs for implementation is
for the President to declare a national emergency. The
possibility is there and the scenario frightening. Notice
the number of that order . . . there are thousands on the
books right now.
All those glowing terms we read in our Constitution are
no more. Justice, liberty, freedom of speech, press and
religion, and due process of law are history. When we tell
our kids of the 'good old days', there is much we can talk
Just what is 'due process of law' and how did it come
into existence? With all the debate about it, the honchos
in government want you to believe it is an elusive term.
Instead of affording you the protection of due process
automatically, they want you to prove it's been violated.
Due process comes from an old British statute (1355)
which had its origin in the Magna Charta. (1215). (En-
cyclopedia Americana) It was to protect citizens against the
violation of long established procedural safeguards. It also
means the enforcement and protection of private rights which
conform with the standards of fairness and justice.
We find the command of due process of law in the Fifth
Amendment to our Constitution. "No person shall . . . be
deprived of life, liberty or property, without due process of
law . . ." That is a heavy statement!
Due process is really a simple concept. If a law meets
the requirements of our supremacy clause, due process is
being obeyed. If a certain procedure by government is man-
dated, due process orders that procedure be followed. It
cannot be argued by government or decreed by the courts that
they can ignore this concept. Not even in the event of an
emergency. Even if public safety or public sentiment is not
in favor of the action, they have to follow the process.
During the ratification process, the states insisted on
firm, precise limitation of powers of the new central govern-
ment. The people wanted a wall built around the new govern-
ment. The higher, the better. The resultant Bill of Rights
are a restriction against government.
One notable exception is, despite what the feds tell us,
the first ten amendments contain NO restrictions against us
as individuals. Repeat - NO RESTRICTIONS against citizens.
When the states were asked to ratify the document, it
had been only eleven years since the end of the revolution.
The people had not yet forgotten the pain and suffering of
that war. The friends, neighbors and loved ones who fought,
bled and died for their freedom was still fresh in their
minds. The people wanted guarantees that the reasons for
that war would never happen again.
To appreciate the importance of due process of law, we
must look at the supremacy clause of our Constitution. "THIS
CONSTITUTION, AND THE LAWS OF THE UNITED STATES WHICH SHALL
BE MADE IN PURSUANCE THEREOF, . . . SHALL BE THE SUPREME LAW
OF THE LAND . . ." (Art VI, cl 2) Any law enacted which is
not pursuant to the Constitution, which does not follow the
authority in the document, is not a law. NO ONE NEEDS TO
OBEY IT! They have violated due process.
To reinforce that statement, we'll take a look at what
our Founding Fathers had to say about the supreme law.
Alexander Hamilton made it clear when he said NO legislative
act, contrary to the Constitution can be valid. (Paper No.
78). (All references to paper no. are from the book The
Federalist Papers.) It bestows no honors, grants no
authority and prescribes no penalties.
He went on to say, "It will not, I presume, have
escaped observation that it EXPRESSLY confines this supremacy
to laws made PURSUANT TO THE CONSTITUTION; which I mention
merely as an instance of caution in the convention; since
that limitation would have been to be understood, though it
had not been expressed." (Paper No. 33) (The emphasis is in
the original writing).
This was the vision of our Founders. They wanted to
establish and insure the dignity of the individual. The
first three words in our Constitution, in large fancy
letters, specifies that we gave permission for the new
government. Therefore, we are the sovereigns and the
government is responsible to us.
This concept worked well for many years. The government
was afraid of the people. But the love of power, greed and
money is a disease. It eventually will make itself evident
no matter who stands in the way. The executive order in our
opening is a perfect example of that sickness.
When we say we are sovereign it means we are the supreme
power and superior to all other powers. Those are not our
kings, lords or masters running the government. They are
simply public servants. Would you allow a servant in your
home to dictate your life style? What if you were told to
turn off the TV and lights at 9 PM so he/she can go to bed?
Then why allow those servants at the funny farm tell you what
to do? When you allow that, it's not sovereignty, it's
Hamilton in Paper No. 78 said to permit that would be to
establish that the deputy is greater than his principle; that
the servant is above his master; that the representative of
the people is superior to the people themselves.
When we start acting out our birthright as sovereigns
the enslaver will have no one to control.
James Madison pointed out in Paper No. 45 that the
powers which are delegated to the federal government by the
proposed Constitution are few and defined. It was not to be
Carte Blanche to unlimited powers. Most of the commands in
the document are explicit. They are not debatable. They are
not alterable by law or judicial edict. If they are altered,
it's assuming powers which we did not grant or specifically
Delegation of law making power was to Congress ONLY.
The executive is to make certain the laws are faithfully
executed. The judicial branch is to interpret the law and is
to be the protector of the people. It was never meant that
the judicial department modify laws and in effect amend the
Constitution. Due process demands that these duties be
complied with TO THE LETTER. If these commands are violated,
due process has been violated. This is a basic premise of
our system of government. There are no exceptions . . not in
an emergency . . . not under the cloak of an executive
order, not even if Chicken Little says the sky is falling!
If these powers are so desperately needed, let the feds
ask our permission and see if we agree. That is the reason
the amendment process is in the basic document. (Art V)
This is the key which makes the document as viable today as
it was over 200 years ago.
The last two amendments of the Bill of Rights are catch-
all amendments. The Ninth Amendment makes it clear that we
have rights beyond those that are spelled out in the docu-
ment. The Tenth Amendment FORBIDS the government from
assuming any power we did not specifically delegate to the
government. Why do you suppose the people who work for
government can't understand these two restrictions? We often
hear that ignorance of the law is no excuse. Just what do
you suppose is their excuse? Ignorance on our part is no
Many will argue that the "necessary and proper" clause
(Art 1, Sec 8, cl 18) gives government the right to modify
whatever they feel is necessary. This is gobbledygook. The
clause is specific in that it states: "for carrying into
execution the foregoing powers, and all other powers vested
by this Constitution in the government of the United States
. ." It CANNOT encompass any powers not delegated.
Hamilton, in Paper No. 33 clarifies this point when he
says ". . . it may be affirmed with perfect confidence that
the constitutional operation of the intended government would
be precisely the same if . . .(necessary and proper clause)
. . were entirely obliterated as if . . . repeated in every
article." This clause is precise that it grants no power
which is not in agreement with the supremacy clause. This
concept is basic to our form of government.
The document originated when most of the citizens had at
best a third grade education. The words are clear and
direct. It is a document all Americans should read every
year to refresh their minds on what powers we actually
granted. It would help us keep an eye on these clowns.
What little of our Constitution being taught is by
teachers who also have no knowledge of the document. The
blind are leading the blind. With each generation the
vision of our Founding Fathers becomes dimmer. More of the
powers we denied the government are being assumed. It's
simply because no one knows what it says or means.
Everyone who works for government at any level must take
an oath to support the Constitution. (Art VI, cl 3) Then how
do we have a 'law' on the books which gives the president the
authority to declare an emergency? By declaration he can
announce the Constitution is dead? Was due process of law
followed here? Hardly! The oath has simply become a ritual
or reciting of words which no longer have meaning.
In that same light, what about the oath all of my
readers who have been in the service have taken? Remember?
. . . "to protect and defend the Constitution against all
enemies, foreign and domestic . . ." It shouldn't be
necessary to point out the word 'domestic'. Naturalized
citizens have also taken the same oath. Why aren't you
obeying what you swore to God to do?
So how do we get out of this dilemma? We must swamp
Congress with phone calls, telegrams and letters. Demand
that the power of the executive to issue orders be rescinded
as being beyond governmental authority. It violates rights
we enjoy under our Constitution . . due process of law, for
one! These jokers need questioning about executive orders
every time they appear in public. Then ask about number
11921 in particular.
As the sovereign, we shouldn't hesitate to question this
assumption of power which was not conferred by the document.
Pointing out the major restriction in the Tenth Amendment
will drive these people up the wall. Better they go up the
wall by our questions than we go against the wall for
disobeying orders if an emergency is declared.
Cornelius Tacitus, a Roman senator and historian. (A.D.
c.56-c.115) remarked: "The more corrupt the state, the more
numerous the laws." If you don't believe this is the
condition of our country today, I suggest you go to a law
library. Take a look at how many laws are actually on our
If people shrug their shoulders at this fearsome power
in the hands of any person or number of persons, without
question or protest, they will stand in line of their own
free will and have their numbers tattooed on their arms. We
already have that number!
Cicero gave a warning to the Romans just before the fall
of the empire, "Beware of the traitor within the gates!"
We'd better listen to the warning and take a look within our
Government has three duties: To defend our shores,
deliver our mail and stay the hell out of our lives! Nothing
IN VOLUME ONE OF THE TRAITOR WITHIN THE GATES, WE
REPORTED THAT 17 1/2 MILLION DOLLARS WAS BEING PAID EVERY
HOUR TO THE FEDERAL RESERVE AS INTEREST ON THE DEBT.
LET'S UP THE ANTE A BIT . . . WE ARE NOW PAYING ABOUT 4
BILLION DOLLARS EVERY DAY WHICH BREAKS DOWN TO $166,666,666
PER HOUR OR $27,777,777 PER MINUTE! THAT'S OUR TAX DOLLARS.
WAIT UNTIL THE FIGURES FOR NEXT YEAR ARE RELEASED . . .