Constitution, fact or fiction : the story of the nation's descent from a constitutional republic through a constitutional dictatorship to an unconstitutional dictatorship

250 Pages·1995·1.523 MB·English

by  Eugene Schroder, Micki Nellis

Dedication
to Laurie Schroder
wife, mother, friend and fighter
in gratitude and appreciation
Acknowledgments
to
Ed Petrowsky
Russell Grider
Alvin Jenkins
Van Stafford
and Derral Schroder
without whose help and research
this effort would not have been possible
Table of Contents
1 Our Constitution Has Been Suspended 1
2 What the Government Can Do
When the Constitution is Suspended 5
3 Why the Revolutionary War Was Fought 11
4 Rights the Constitution Guaranteed Us 15
5 What We Have Lost 21
6 Money, Property, Production Were Nationalized 25
7 Entrenchment of War Powers 87
8 War Powers in Germany, France and England 113
9 States Rights Feud Becomes War 119
10 Military Rule Over Civilians 125
11 War Powers From 1913 to 1932 135
12 Emergencies Proliferate Under Recent Presidents 141
13 War Money and Peace Money 165
14 Healing the Nation 177
Appendix A - What Can I Do? 179
Appendix B - Declaration of Independence 189
Appendix C - Constitution of the United States 195
Glossary 221
Bibliography 233
Index 237
vii
Chapter One
Our Constitution Has Been Suspended
Since March 9, 1933, the United States has been
in a state of declared National Emergency.
-SenateReport93-549
Wheninthecourseofhumanevents,ordinarycitizens
havereasontofeartheirgovernment,it(cid:146)stimetolookseri-
ously at cause and cure.
Governmentofficials aresupposed tobeinstruments
bywhichwe,thepeople,governourselves.Underaconsti-
tutional government, the citizens are the ruling class. All
other offices are subservient to the citizens. How did citi-
zens become the subjects of government and government
officials become the ruling class?
Government Has Achieved Ability to Rule by Decree
The US Constitution was basically the shackles
placed on the federal government by a sovereign people.
The people possessed God-given rights. These rights were
onlysecuredbytheconstitution.Allrightsnotspecifically
granted to the government were reserved for the people.
Thiscountrystartedoutasaconstitutionalrepublic,
thatis,aunionofsovereignnationstates.Thefederalgov-
ernment was to be an agent of the states.
Asasafeguard,theconstitutionprovidesthatduring
timesofrebellionorinvasion,thepresidentmayassumeall
powers.Theseemergencypowersshouldendafterthecri-
sis.PresidentLincolnassumedallpowersduring theCivil
War.Sincehewasdealingwitharebellion,wemaysaythat
he established a constitutional dictatorship.
2 Constitution: Fact or Fiction
Since then, however, the definition of (cid:147)emergencies(cid:148)
requiring total control has been stretched to include eco-
nomic problems, social imbalances, and perceived threats
to the US by a foreign country(cid:146)s actions on another conti-
nent. When authoritarian control is exerted during times
otherthan rebellionorenemyinvasion,itisanun- c o n-
stitutional dictatorship. The federal government has
overstepped the bounds placed on it by the constitution.
Through the insidious, yet steady encroachment of
(cid:147)emergencypowers,(cid:148)thegovernmenthasnowachievedthe
ability to rule the people by statute or decree, without the
voteorconsentoftheruled.Throughamazeofpoliticalma-
neuvers, the emergency powers granted to President
FranklinD.Rooseveltin1933todealwithaneconomicde-
pression have become part of the US Code as permanent
everyday powers. America has continued under the
(cid:147)unconstitutionaldictatorship(cid:148)ofwarandemergencypow-
ers to this day, more than 60 years later.
Emergency Rule Means Government Owns All Rights
In reality, under this (cid:147)unconstitutional dictatorship,(cid:148)
the roles have been reversed. We have no rights except
those the government grants us. Under our constitutional
government,wethepeoplehadallrightsexceptthosespe-
cifically granted to the government.
Wehavelostourconstitutionalrights.Howdidithap-
pen?Whatdoesitmean?Whatcanwedoaboutit?Increas-
ingly,UScitizensareunwillingtobethepawnsofarbitrary
andcapriciousdecrees.Wehaveboththerightanddutyto
reclaim our country.
The government today, with its inflated bureaucracy,
political posturing, and ineffectual programs, would be a
laughingstock if it weren(cid:146)t for the sinister side - arbitrary
seizureofpropertywithoutprovencausebymanygovern-
ment agencies, federally mandated but unfunded pro-
Our Constitution Has Been Suspended 3
grams that choke the states(cid:146) right to rule themselves, an
unsound money system, and a de facto economic depres-
sion for the last 10 years. Add a growing separation be-
tween(cid:147)haves(cid:148)and(cid:147)havenots(cid:148)andwehaveapowderkegon
a short fuse.
Government has grown so big, so unreachable, that
the ordinary citizen feels helpless to influence it. Govern-
ment by the people? Even those with clout and political
savvy,suchasstategovernors,seemunabletoswayD.C.
Governmentactslikeatyrantgonerampant,willfully
imposing its policies on citizens, protecting its image, and
coveringupitsmistakes.Fearsetsinwhenwerealizethat
thegovernmentcanplaykickballwithourlives-andthere
isnoonetostopit.Today,withourconstitutionalrightsef-
fectively suspended, we are at the mercy of the giant.
HitlerusedGermany(cid:146)semergencypowersclause(Arti-
cle 48) to perpetrate his atrocities. Granted, no US presi-
denthasevenapproachedHitler(cid:146)sdictatorship,buthehas
the power to do so. The difference is the degree of benevo-
lence with which the US government has ruled and with
which Hitler ruled.
The US constitution provides for the president to be
grantedemergencypowersintimesofwarorenemyattack.
Thefatalflawintheconstitution,however,isthatoncethe
presidenthasthesepowers,hehimselfmustgivethemup.
Eleven presidents, both Democrat and Republican, have
failedtoreinstatetheconstitutionandgiveuptheseemer-
gencypowers.Todayweseethepresidentandentrenched
bureaucracypassingrulesthroughtheexecutivebranch(cid:146)s
many agencies without challenge from the other two
branchesofgovernment-thecongressand thejudiciary.
We Have Been Under Emergency Rule for 61 Years
Senate Report 93-549, written in 1973, said (cid:147)Since
March9,1933,theUnitedStateshasbeeninastateofde-
clared national emergency.(cid:148) It goes on to say:
4 Constitution: Fact or Fiction
(cid:147)AmajorityofthepeopleoftheUnitedStateshave
livedalltheirlivesunderemergencyrule.For40years,
freedoms and governmental procedures guaranteed
by the constitution have, in varying degrees, been
abridged by laws brought into force by states of Na-
tional emergency. In the United States, actions taken
bygovernmentintimesofgreatcrisishave...inimpor-
tantwaysshapedthepresentphenomenonofaperma-
nent state of National emergency.(cid:148)...
(cid:147)Theseproclamationsgiveforceto470provisionsof
federal law. These hundreds of statutes delegate to the
Presidentextraordinarypowers,ordinarilyexercisedby
Congress,whichaffectthelivesofAmericancitizensina
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.
(cid:147)Under the powers delegated by these statutes,
thePresidentmay:seizeproperty,organizeandcontrol
the means of production; seize commodities; assign
militaryforcesabroad;institutemartiallaw;seizeand
controlalltransportationandcommunication;regulate
theoperationofprivateenterprise;restricttravel;and,
in a plethora of particular ways, control the lives of all
American citizens.(cid:148)
TodaymostofthepeoplelivingintheUShavenotbeen
taught the constitution, have never enjoyed the constitu-
tionalrightsforwhichourforefathersfoughtarevolution-
ary war, and know that something is terribly wrong with
our government yet have no idea what to do about it.
Knowledgeispower.OncetheAmericanpeopleunder-
stand what has happened, they will demand just and rea-
sonableaction.ItwassaidoftheRevolutionaryWaragainst
Great Britain in 1776 that the real revolution occurred in
theheartsandmindsoftheAmericanpeoplebeforeashot
was fired.
Our Constitution Has Been Suspended 5
Godgrantthatwemayhavearevolutioninthehearts
and minds of the American people without a shot being
fired.
Chapter Two
What the Government Can Do
When the Constitution is Suspended
Itisnotthefunctionofthegovernmenttokeepthe
citizenfromfallingintoerror;itisthefunctionoftheciti-
zen to keep the government from falling into error.
-USSupremeCourt
Good People Get into Trouble
Youprobablythinkthatifyouleadastraightlifeand
obey the rules, you aren(cid:146)t going to get into trouble, right?
Wrong. Consider these examples:
Diane, a soft-spoken school teacher, was called to
serveonthegrandjury.Shewasaskedtofilloutalengthy
form disclosing everything about herself, including how
much money she made, how much her house was worth,
what kind of car she drove, etc. She would not answer the
questionsbecauseshethoughtthiswasaninvasionofpri-
vacyandshedidn(cid:146)tseehowitaffectedherrighttoserveon
ajury.Thejudgehadherarrestedforcontemptofcourtand
jailed.
Linda,ayoungmother,wasgettingreadytogotowork
one morning when a Child Protective Service worker
showeduponherdoorstep.Sheinsistedoncomingin,in-
spectingthehouseandfour-year-oldJohnny,andlooking
for signs of child abuse. Linda showed up at work in tears
two hours later, but it wasn(cid:146)t over. She received a call at
workaskingbothherandherhusbandtocomeinforanin-
terview.Moregrilling.Filesweremadeontheparents.The
young couple had to supply references, and the child pro-
tectiveserviceworkercalledthesepeopleaskingiftheyhad
seen any signs of child abuse. The visits and interviews
6 Constitution: Fact or Fiction
continuedforsixmonths.Thereasonforallthis?Someone
calledina(cid:147)tip.(cid:148)Theagencyrefusedtotelltheyoungcouple
whocalled,butitdidn(cid:146)ttakethemlongtofigureoutitwasa
former friend who held a grudge.
JanetteandBobweresellingahouseandbuyingan-
otherone.Inthepacketofformsfortheclosingwasareport
thatawomanwiththesamefirstandlastnames,butadif-
ferentmiddlenameandadifferentsocialsecuritynumber,
haddeclaredbankruptcysixyearspreviously.Janettehad
to prove that she wasn(cid:146)t that person, including getting
formsnotarized,whichrequiredgoingtothreedifferentbu-
reaucracies.Janette(cid:146)srealtortoldherthatsinceNovember,
1993, buyers(cid:146) names are run through a computer, which
sometimes comes up with 25 or so similar names. The
buyer has to prove he is none of those people.
Dongotanoticeinthemailfromhisbankthathisac-
counthadbeenattachedbytheIRS.Nonotice,nowarning,
no reason, no appeal.
Bob owned a piece of land some distance from his
home.Whenhevisitedit,hefoundthatithadbeenconfis-
cated by the government because they had found illegal
drugactivityonit.Hehadtoprovehewasnotinvolvedand
hadnoknowledgeofitbeforehecouldhavehislandback.
Government Agents May Knock Down Our Doors
Acrippledoldblackmanwasinbedasleeponenight
whenadrugsquadburstinandsprayedhimwithbullets.
They claimed he was resisting arrest. The squad had a tip
thatayoungmanwhosometimesvisitedtheelderlygentle-
man was into drugs, but the young man didn(cid:146)t live there
andinfact,wasn(cid:146)ttherethatnight.Theslainman(cid:146)sson,a
well-known sports figure, demonstrated on TV how crip-
pled his father was and how he would have had to go
throughaseriesofslowandpainfulmaneuverstoevensit
up on the side of the bed.