U.S. Constitution Undermined

In the January 25 article by William Barrante, he states his belief that "The Constitution Is Still Alive." I, too, share his frustration with the United States Congress for not protecting the Constitution with restrictions on the growth of federal power. I do not share his belief that the Constitution is still the supreme law of the land, as I stated in my January 4 letter, "The Jihad Against the American People."

Over time, the supremacy of the Constitution has been undermined by such presidents as Abraham Lincoln, who used unconstitutional executive orders during the Civil War to suspend the United States Congress and called up 75,000 Union troops to fight without Congressional approval. That was the beginning. Along came President Franklin Roosevelt, who declared another state of National Emergency on March 9, 1933, when he closed all the banks in the United States.

Right up to this very day, none of these declared "States of National Emergency" has ever been rescinded. We have been and still are in the State of National Emergency where the Constitution and the Bill of Rights were and still are suspended and the President conducts himself as a de facto Dictator-In-Chief—a potential tyrant, ruling by executive orders and presidential proclamations.

Why do I make such a provocative statement? May I refer you to a U.S. Senate report by the 93rd Congress, 1st Session, Report No. 93-549, entitled, "Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency," Report of the Special Committee on the Termination of the National Emergency, United States Senate, November 19, 1973 (a United States Printing Office publication). This report states that, "Since March 9, 1933, the United States has been in a state of declared national emergency." It goes on to say: "A majority of the people of the United States have lived all their lives under emergency rule. For 40 years freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of National Emergency. In the United States, actions taken by government in times of great crisis have … in important ways shaped the present phenomenon of a permanent state of National Emergency …

"The proclamations give force to 470 provisions of Federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers, taken together, confer enough authority to rule this country without reference to normal constitutional process.

"Under the powers delegated by these statutes, 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."

So states Senate Report No. 93-549.

Today, Mr. Barrante, most of the people living in the United States have not been taught the Constitution, having never enjoyed the Constitutional rights for which our forefathers fought a revolutionary war. They know that something is terribly wrong with our government, yet have no idea what to do about it.

As the United States Supreme Court states, "It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error." As citizens we have failed, we have really failed, in allowing a situation to develop without one cry or warning from the members of Congress, the judiciary or our court system. We have been misled by those in power to believe that we are still operating under the Constitution of the United States, while in actuality we are living under Emergency Rule and not the Constitution. It is as plain as day for anyone who wants to investigate it.

As one legal investigator so rightly stated, "We, the People" have been relentlessly propagandized, brainwashed, and seduced by the media. We continue to endure and suffer abuse for having traded lots of our precious freedoms for a little security (actually insecurity) of the likes of Social Security.

As former U.S. Supreme Court Chief Justice Berger once said, "Over 75% of all legislation passed by Congress is unconstitutional." If one has a thorough knowledge of the Constitution, one would have to agree with that! He was right on. In so many places we have gross violations that were made into unconstitutional laws that have been passed without our Constitutional lawyers warning us of such violations. These violations can be discussed at a later date if there is any interest in them. It would make a great topic of discussion.

Mr. Barrante, I do appreciate your concern about where our country is headed. If all interested parties speak up, perhaps discussions like this one will get some people to go back and study our U.S. Constitution, demand of our public servants that we return to following the Constitution as it is written, and work for the repeal of the "War and Emergency Powers Act" of October 6, 1917, as amended March 9, 1933, and codified in Title 12 USC, A, Section 95(a) and (b). Then, we can say, "Happy times are here again."