In response to – US Constitution was Suspended since 1933!

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THE NEW AMERICAN — February 5, 1996
Copyright 1996 — American Opinion Publishing, Incorporated
P.O. Box 8040, Appleton, WI  54913

ARTICLE: Nation
TITLE: Is the Constitution Suspended?
AUTHOR: Thomas A. Burzynski

In recent years, an ever-increasing number of alarming rumors
have been paraded before Americans concerning their nation’s
future. Fears of United Nations forces in Montana, a
concentration camp in downtown Indianapolis, and black
helicopters everywhere are but a few of the sensational stories
that have been spread through talk radio, the Internet, and
tabloid newspapers.

The most recent addition to this maelstrom of false alarms offers
the theory that the U.S. Constitution has been suspended since
1933 through a declaration of national emergency by President
Franklin Roosevelt.

This alarming assertion is being promoted
chiefly by Dr. Eugene Schroder, a Colorado veterinarian, through
his book Constitution: Fact or Fiction. According to a biography
provided by his publisher, Dr. Schroder “uncovered the use of
emergency powers to set aside the Constitution” several years ago
and has been investigating the situation ever since. Dr.
Schroder’s efforts to publicize the issue have been boosted by
interviews in the Spotlight and Anti-Shyster publications as well
as through appearances on talk-radio programs.

Dr. Schroder has apparently influenced others. Larry Pratt,
executive director of Gun Owners of America (GOA), endorsed and
recommended Dr. Schroder’s work, declaring that “America needs to
read this book!” GOA has released a video, Enemy Public Number
One, which mirrors the arguments of Dr. Schroder. Likewise, the
Republican Party of Texas, the nation’s largest state Republican
party, issued a resolution claiming that the Constitution has
been suspended and calling for its restoration. John Tello, a
member of the executive committee of the Texas Republican Party
and the primary backer of the resolution, told The New American,

“Dr. Eugene Schroder worked with us.” Seemingly, these groups
have taken Dr. Schroder’s theory as fact without checking the
accuracy of the information on which it is based.

                          The Schroder Theory

According to Schroder, the foundation for the current crisis was
laid on October 6, 1917 with the passage of the Trading With the
Enemy Act. This act gave the President the power to regulate,
during time of war, all financial transactions involving any
“individual, partnership, or body of individuals residing within
any nation with which the U.S. is at war.” On March 9, 1933, five
days after Roosevelt’s inauguration and four days after he had
declared a national emergency, Congress passed the Emergency
Banking Act, which amended the Trading With the Enemy Act to
include regulation of transactions not only with the enemy but
also between Americans during time of war or national emergency.

Since FDR had already declared a national emergency to deal with
the bank “crisis,” this unconstitutional legislation immediately
gave the President much of the confidence he needed to launch the
economic segment of his “New Deal” agenda. The result, of course,
was an assault on the traditional form of American government and
the free enterprise system under which America had flourished.

FDR’s declaration of a national emergency has never been
terminated and has been joined by numerous other declarations of
national emergency by subsequent presidents. Dr. Schroder cites
this, as well as various government reports and laws, as “proof”
that our nation has slipped into an “unconstitutional
dictatorship.” But as we shall see, he overlooks the fact that
the Constitution is the supreme law of the land and cannot be
suspended or superseded via a law or presidential decree. In
effect, he confuses violations of the Constitution with a
suspension of the Constitution.

                            Fact and Fiction

One piece of Schroder’s documentation comes from a 1973 Senate
report which ominously stated:

“Since March 9, 1933, the United States has been in a state of
declared national emergency…. Under powers delegated …
[during a national emergency] 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.”

Aside from being unconstitutional, the level of tyranny described
by this 22-year-old Senate report has never been reached. Harold
Relyea, a specialist in American national government with the
Congressional Research Service, explained to The New American:
“The emergency declared in 1933 still exists as a matter of law
but not as a matter of policy. It has never been terminated but
all authority conferred by the declaration has gone into
dormancy.”

In his book Constitution: Fact or Fiction, Dr. Schroder contends:
“The [U.S.] Constitution can be suspended by any president of the
US who ascertains and proclaims a widespread territorial revolt.”

This claim, however, is not sustained by the Constitution itself,
which is the sole legitimate source of federal power. The writ of
habeas corpus, as specified in Article I, section 9, is the lone
provision of the Constitution which may be suspended — and even
then, only in “cases of rebellion or invasion.” Under the
Constitution the writ could be suspended during a period of
national emergency only if the national emergency in question
were a “rebellion or invasion.” As Relyea emphasized to The New
American, “The Constitution has never been suspended.”

So how does Schroder reach his conclusion in light of the
Constitution? Largely by way of faulty research. For instance,
one of the primary pieces of evidence he cites involves Title 12,
Section 95(b) of the United States Code. Writes Schroder:

“[I]f we went to the library today and picked up a copy of 12 USC
and went to section 95(b) … we will find a law which states:
‘The actions, regulations, rules, licenses, orders and
proclamations heretofore or hereafter taken, promulgated, made,
or issued by the President of the United States or the Secretary
of the Treasury since March 4, 1933, pursuant to the authority
conferred by subsection (b) of section 5 of the Act of October 6,
1917 [Trading With the Enemy Act], as amended, are hereby
approved and confirmed.’ “

Schroder claims that this section of the U.S. Code means that
everything the President or the Secretary of the Treasury has
done since March 4, 1933 and anything that the President or the
Secretary of the Treasury is hereafter going to do is
automatically “approved and confirmed.”

However, research reveals that Dr. Schroder is wrong. Doing as he
suggests, this author went to the library, picked up a copy of
Title 12 USC, and went to section 95(b), where he found the
following:

“The actions, regulations, rules, licenses, orders and
proclamations heretofore or hereafter taken, promulgated, made,
or issued by the President of the United States or the Secretary
of the Treasury since March 4, 1933, pursuant to the authority
conferred by section 95a of this title, are approved and
confirmed.”

Looking in section 95(b) of USC Title 12, this writer found, in
place of Dr. Schroder’s reference to the 1917 Trading With the
Enemy Act, a reference to “section 95(a) of this title.” Section
95(a) refers only to a time of war, not to a period of national
emergency. Dr. Schroder quoted from an outdated version of the
U.S. Code.

In addition, the 1995 resolution passed by the Texas Republicans
contains the very same error. John Tello told The New American
that Schroder “became aware of the change in 1987.” But Tello
added that the change in this law is reflected neither in his
resolution nor in Schroder’s book because they both believe the
government is still operating under the older phraseology.

                       Ignoring the Constitution

The current emergency power supplied to the President and the
Secretary of the Treasury by section 95(a) authorizes them to
regulate America’s banking system, even to order the closing of
banks. But such powers are clearly unconstitutional on two
counts: The Constitution contains no authorization for any
federal authority to declare a national emergency, and it
likewise contains no authorization for regulating or closing
banks. The absence of such grants of power in the body of the
Constitution are, of course, reinforced by the Tenth Amendment.

Therefore, the Constitution cannot be suspended as Dr. Schroder
believes. Instead, its fundamental limitations are being ignored
and the power of the executive branch of government is being
permitted to grow to ominous proportions.

Dr. Schroder makes another misstep when he cites the Trading With
the Enemy Act. To buttress his claim that we live in a
dictatorship brought on via the use of emergency powers, he cites
the following portion of the act: “During time of war or during
any other period of national emergency declared by the President,
the President may …” regulate to the point of prohibiting any
transaction involving Americans. But even this portion of the
act, though always unconstitutional, was amended in 1977 to read:
“During time of war, the President may….” What was deleted from
the original by the 1977 amendment, of course, is the reference
to a “national emergency declared by the President.”

In 1976 Congress passed the National Emergencies Termination Act,
which specified that any national emergency not extended by the
President on an annual basis will be automatically terminated.
Also, the act recognized the power of Congress to terminate a
national emergency. Schroder claims that the national emergency
declared by FDR in 1933 was expressly exempted from this act. But
he fails to note that this exemption was done away with one year
later in a measure amending the Trading With the Enemy Act.

                            Danger of Rumors

The rumor of a suspended Constitution represents only the latest
in what has become a labyrinth of false trails and dead-ends, all
with the potential to confuse and neutralize well-meaning
conservatives. Mysterious executive orders prohibiting food
hoarding, undue concern about yellow fringes around the American
flag, and tales of Russian weather modification all damage the
credibility of otherwise effective conservative activists. But
the rumor that the Constitution has already been suspended
delivers a double blow to the conservative movement since it is
not only patently false, but is infecting good Americans with a
sense of hopelessness. If the Constitution has been suspended,
then constituent pressure on congressmen is useless, all checks
and balances designed into our system of government no longer
apply, and the government is incapable of safeguarding our
God-given rights.

Fortunately, as long as the Constitution still stands, any
government action that is based on extra-constitutional powers is
ipso facto unconstitutional. What America needs are congressional
declarations that expose as nullities all illegally usurped
powers. In addition, the people must learn to resist the
distractions of the rumor mill and, instead, generate constant
and informed vigilance lest their freedoms disappear at the hands
of those who always claim that they mean to rule well, but who
most of all mean always to rule.

                             END OF ARTICLE

THE NEW AMERICAN — February 5, 1996
Copyright 1996 — American Opinion Publishing, Incorporated
P.O. Box 8040, Appleton, WI  54913
 

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BARACK OBAMA AND HIS ALLIES ARE TRYING TO CHANGE THE U.S. CONSTITUTION: HELP US STOP A NEW CONSTITUTIONAL CONVENTION! Dear Friend, BARACK OBAMA AND HIS ALLIES ARE TRYING TO CHANGE THE U.S. CONSTITUTION WITHOUT FOLLOWING THE AMENDMENT PROCESS — IN FACT, THEY’RE TRYING TO REWRITE THE ENTIRE CONSTITUTION — AND THEY’RE CLOSE TO SUCCEEDING! What would you think if an amendment to the U.S. Constitution was introduced by liberal Democrat Speaker of the House Nancy Pelosi, which repealed the First Amendment in the Bill of Rights — taking away our right to Free Speech? What would you think if an amendment to the U.S. Constitution was introduced by liberal Democrat Senate Majority Leader Harry Reid, which repealed the Second Amendment in the Bill of Rights — taking away our right to Keep and Bear Arms? (A right that the U.S. Supreme Court recently upheld!) “That could never happen,” you say. “No one would allow it!” Right? Well… Did you know that there are TWO ways that our Constitution can be changed? And did you know that Pelosi, Reid and Barack Obama are using the less well-known way, without having to actually introduce amendments? IT’S TRUE — and WE have to stop it NOW! One way to change the Constitution is to go through the amendment process — a long and tedious process requiring two-thirds of both houses of Congress to pass an amendment, and then three-fourths of the states to ratify it. That means a “super-majority” of our representatives at the National and State levels would have to be in favor of the amendment — which safeguards us from the possibility of really “bad” amendments. BUT… there is one other way that our Constitution can be changed… and it DOES NOT require all of those elected representatives to be in favor of it. It’s called a Constitutional Convention, and all that it requires is 34 states to ask Congress to call one. In fact, right now, all that is needed is for two more states to ask for a Constitutional Convention… and the basic law of the land could be changed forever by Barack Obama, Nancy Pelosi, and Harry Reid!

WE NEED YOUR HELP, RIGHT NOW, TO STOP BARACK OBAMA AND HIS ALLIES FROM CHANGING THE U.S. CONSTITUTION: CLICK HERE NOW! Most people don’t realize that Article V of the Constitution requires Congress to call a new Constitutional Convention (a “Con Con”) if two-thirds (or 34) of the states request it. We’ve only had one other “Con Con” in our history: the one where the original Constitution was written in 1787! The language of Article V is mandatory: it says that Congress “shall call a Convention for proposing Amendments” whenever requests are received from two-thirds of the states. Note that the word “amendments” is used in the plural. These are the only instructions we have about a Constitutional Convention. There are no other rules or guidelines. We don’t know how a Constitutional Convention would be apportioned, or how the delegates would be elected. We don’t know what rules the Convention would operate under. We don’t know whether changes to the Constitution could be proposed by a simple majority, or would require a super majority, of those attending. We don’t know if the agenda could be limited or would be wide open to any proposal. We don’t know ANYTHING about how a Con Con would work — which means that it will come down to Congress setting the rules! And Congress is controlled by the most radically liberal Democrats in American history! Is that who we want to be in charge of a new Constitutional Convention? Do we want BARACK OBAMA, NANCY PELOSI, and HARRY REID to completely rewrite our most basic document of law?

WE NEED YOUR HELP, RIGHT NOW, TO STOP BARACK OBAMA AND HIS ALLIES FROM CHANGING THE U.S. CONSTITUTION: CLICK HERE NOW! The fact is, under the vague language of Article V, a Constitutional Convention cannot be limited. It would be wide open, and able to consider ANY change in the Constitution that was proposed! Former U. S. Supreme Court Chief Justice Warren Burger once said, “There is no effective way to limit or muzzle the actions of a Constitutional Convention. The convention could make its own rules and set its own agenda.” The Stanford Law School Professor whose case-book is used in the majority of U.S. law schools, Gerald Gunther, said that, even if Congress tried to limit the Convention to one subject, the delegates could decide for themselves that the Convention “is entitled to set its own agenda.” This means that, even if supporters of a “Con Con” claim that the convention would only cover one issue — whether it’s a balanced budget amendment or removing the requirement that to be eligible to serve as President, one must be a “natural born citizen,” or anything else — there is NO WAY to stop the Convention from changing EVERYTHING that we hold dear in America! Barack Obama and his far-left supporters would be able to get THEIR people appointed as delegates to the Convention, so that THEIR agendas would be the Convention’s agenda, and THEIR plans for socialism in America would come to pass. Say BYE-BYE to the First Amendment’s freedom of speech — Rush Limbaugh and Sean Hannity could be taken off the air. Say BYE-BYE to the Second Amendment’s right to bear arms — a total gun ban could be the law of the land! Say BYE-BYE to the Constitution’s requirement that to serve as President a man or a woman must be a “natural born citizen”! You KNOW that’s what they’ll do if given the chance — and we’re only TWO STATES AWAY from seeing a Constitutional Convention convened! You see, Article V says that it takes a request from two-thirds of the states to force a “Con Con” — but it doesn’t say there’s any time limit on getting to that total! Thirty-two states have already issued a call for a “Con Con” over the last few decades, including Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming. It only takes 34 states to REQUIRE a Constitutional Convention be convened! Some states, like Georgia, Virginia, and others, have since voted to “rescind” their call for a “Con Con” — BUT no one is sure whether those “rescission” votes are actually Constitutional…so the danger is REAL!

WE NEED YOUR HELP, RIGHT NOW, TO STOP BARACK OBAMA AND HIS ALLIES FROM CHANGING THE U.S. CONSTITUTION: CLICK HERE NOW! The United States Justice Foundation is launching a major campaign to STOP a “Con Con” from taking place — WE MUST CREATE a tremendous outpouring of publicity and public scrutiny to be given to this danger, so that Barack Obama and his radical liberal allies can’t “sneak this past us” without anyone noticing, until it’s too late. Right now, our staff is conducting legal and historical research, and preparing legal opinions, to submit to every state legislature, if necessary, and we’ll be offering to represent any state, or state legislator, in fighting the Con-Con based on those documents. We’re also going to be leading a grassroots effort to attack this issue at both the state and federal levels: At the state level, leading the charge in every state to either NOT VOTE for a “Con Con” (if they haven’t voted yet) or to RESCIND their past vote in favor (if they have). And, at the federal level, we’ll be mobilizing citizens across the country to contact their Representatives and Senators to DEMAND that they come out, NOW, and announce their support for a state’s right to rescind, and that they won’t support a call for a “Con-Con.” In addition, we’ll be calling on the Attorney General of the United States, and the Attorney General of each and every State that has passed a “Con-Con” resolution, to issue an official Opinion on the legality of rescission. THIS DANGER IS REAL. The Constitutional Convention of 1787 was called for the exclusive purpose of amending the Articles of Confederation. Once the Founding Fathers assembled in Philadelphia, however, they threw out the Articles of Confederation and wrote an entirely new Constitution, and even changed the ratification procedure so they could get it adopted more easily. The 1787 Convention is the only precedent we have for a national Constitutional Convention. There’s no guarantee that all of the changes to our Constitution passed at a Constitutional Convention would need to be ratified by 34 states this time — if a “Con Con” can change our structure of government as defined in Articles I, II, and III, of the Constitution, then it can also change the Article V requirement that three-fourths of the states are needed to ratify any changes. The Convention of 1787 reduced the number of states required to ratify a change from 100% of the states to 75%, and a Convention today could “follow their example” and reduce it further, to 66%, or 60%, or even 51%! WE MUST NOT LET THIS HAPPEN! There’s very little time to ramp this project up to FULL SPEED — we need to raise at least $100,000 to prepare and distribute legal opinions, lobby state legislators and begin our grassroots activism campaign this coming month. Please, CLICK HERE NOW to make your best possible donation, and let’s STOP Obama, Pelosi and Reid from ripping our Constitution to shreds, and re-writing it to their own socialist goals! Sincerely, Gary Kreep, Executive Director United States Justice Foundation P.S. President Barack Obama has already expressed his belief that the U.S. Constitution needs to be interpreted in the context of current affairs and events. Can you imagine what he and his supporters would DO to that document if given the chance to re-write it completely? Our Bill of Rights could disappear overnight! In fact, all the way back in 2006, Obama already had his lawyers researching how someone could get around the eligibility requirements to serve as U.S. President — these people simply don’t CARE about whether we preserve the supreme law of the land! Remember — when the last Constitutional Convention met in 1787, the original goal was to amend the Articles of Confederation. Instead, delegates simply threw them out and wrote a whole new Constitution. That’s EXACTLY what Obama, Pelosi and Reid would do this time — but this time, the result would destroy our freedoms. Please, CLICK HERE NOW to help us STOP them. Thank you!

WE NEED YOUR HELP, RIGHT NOW, TO STOP BARACK OBAMA AND HIS ALLIES FROM CHANGING THE U.S. CONSTITUTION: CLICK HERE NOW!

To donate by check, make payable to: United States Justice Foundation 932 D Street Suite 1 Ramona, CA 92065

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