Federal Watch

Executive Orders

Here is President Clinton's 1997 extension of the National Emergency that was declared by FDR on March 9, 1933, by which he took over many of the powers of the Congress (with their explicit approval). Every president since FDR, has been in the position of being able to release those powers and leave all succeeding presidencies with only the powers given in the Constitution.

But surprise, surprise, not a one of them has done it.

In the '70s, the law was amended, so that the President had to explicitly renew his authority to use these powers, or he'd lose them, then and forever. Each president has faithfully renewed the authority.

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Subject: 1997-09-12 Presidential Determination Memorandum

Date: Mon, 15 Sep 1997 12:54 -0400

THE WHITE HOUSE

Office of the Press Secretary

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For Immediate Release

September 12, 1997

Presidential Determination

No. 97-32

MEMORANDUM FOR THE SECRETARY OF STATE

THE SECRETARY OF THE TREASURY

SUBJECT: Extension of the Exercise of Certain Authorities Under the Trading With the Enemy Act

Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination made by me on August 27, 1996 (61 Fed. Reg. 46529), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to terminate on September 14, 1997.

I hereby determine that the extension for 1 year of the exercise of those authorities with respect to the applicable countries is in the national interest of the United States.

Therefore, pursuant to the authority vested in me by section 101(b) of Public Law 95-223, I extend for 1 year, until September 14, 1998, the exercise of those authorities with respect to countries affected by:

(1) the Foreign Assets Control Regulations, 31 CFR

Part 500;

(2) the Transaction Control Regulations, 31 CFR

Part 505; and

(3) the Cuban Assets Control Regulations, 31 CFR

Part 515.

The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register.

WILLIAM J. CLINTON

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Part 500;

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NATIONAL EMERGENCY: (as defined in Black's Law Dictionary) A state of national crisis; a situation demanding immediate and extraordinary national or federal action. Congress has made little or no distinction between a "state of national emergency" and a "state of war". Brown v. Bernstein, D.C.Pa., 49 F.Supp. 728, 732.

Here are but a few of the Executive Orders that have been promulgated by Presidents from both parties:

EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports.

EXECUTIVE ORDER 10995 allows the government to seize and control the communication media.

EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.

EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms.

EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision.

EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions.

EXECUTIVE ORDER 11002 designates the Postmaster General to operate a national registration of all persons.

EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft.

EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.

EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.

EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

EXECUTIVE ORDER 11049 assigns emergency preparedness function to federal departments and agencies, consolidating 21 operative Executive Orders issued over a fifteen year period.

EXECUTIVE ORDER 11921 allows the Federal Emergency Preparedness Agency to develop plans to establish control over the mechanisms of production and distribution, of energy sources, wages, salaries, credit and the flow of money in U.S. financial institutions in any undefined national emergency. It also provides that when a state of emergency is declared by the President, Congress cannot review the action for six months.

The Federal Emergency Management Agency has broad powers in every aspect of the nation. General Frank Salzedo, chief of FEMA's Civil Security Division stated in a 1983 conference that he saw FEMA's role as a "new frontier in the protection of individual and governmental leaders from assassination, and of civil and military installations from sabotage and/or attack, as well as prevention of dissident groups from gaining access to U.S. opinion, or a global audience in times of crisis."

All these Executive Orders are there for the purpose of responding to National Emergencies such as Invasion, war, etc. But one thing sticks out: there are no laws *preventing* the government from enacting them willy-nilly, with or without such an emergency. Thus, we are saved from arbitrary installation of a pure dictatorship, simply by the whim or "good feelings" of individuals within our government... rather than by the quaint premise of "rule of law".

Constitution?

Sorry, that's been declared irrelevant, by the action (or more often the inaction) of a Supreme Court that has let such Executive Orders stand without contest.

The Press Release provided by David R Terry, Sr., dirt@PRAXIS.NET; and the Executive Orders and commentary provided by Steve Maher, SMAHER@NLVL.COM.