Thursday, May 13, 2010

Articles of Freedom, part 13



This is a series of posts concerning the works of the 2009 Continental Congress. Two weeks ago I wrote about Article 11 of the Articles of Freedom, which was about the public debt. Now I will continue with Article 12, the text of which follows my comments.

I basically agree with this article. Awesome analysis by Dr. Adler.

ARTICLE 12.

WAR POWERS AND ARTICLES 1 AND 2 OF THE CONSTITUTION

A. BACKGROUND AND STATEMENT OF THE FACTS

WHEREAS, the Constitution for the United States of America clearly grants Congress the exclusive power, “to declare war, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water” (Article 1, Section 8, Clause 11); and

WHEREAS, Congress may not delegate this power under any circumstances unless the Constitution is amended (Article 5); and

WHEREAS, the Constitution also clearly declares that the President serves as a Commander-in-Chief only when called into service by Congress during times of invasion or rebellion (Art 2, §2, cl.1); and

WHEREAS, only Congress can initiate war and the President merely executes and administers it; and

WHEREAS, history has proven that war powers are invariably abused when left in the hands of one individual; and

WHEREAS, all war activities should be for the sole purpose of national defense (Art 1, §8, cl.1); and

WHEREAS, the Citizens of the several States and the United States of America have been subjected to a series of declared national emergencies beginning with Executive Order #1 issued by Abraham Lincoln on April 15, 1861 and reactivated by Franklin D. Roosevelt and Congress in 1933; and

WHEREAS, these declared states of emergency, many of which have continued uninterrupted to this day, have given successive Presidents a multitude of autocratic powers; and

WHEREAS, Senate Report 93-549, War and Emergency Powers Act, 1973, 93 Congress, 1st Session states, in part:

“These proclamations give force to 470 provisions of Federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by the 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 the country without reference to normal Constitutional processes

“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



“Over the course of at least the last 40 years, Presidents have had available an enormous-seemingly expanding and never-ending -range of emergency powers. Indeed, at their fullest extent and during the height of a crisis, these ‘prerogative’ powers appear to be virtually unlimited…Because Congress and the public are unaware of the extent of emergency powers, there has never been any notable congressional or public objection made to this state of affairs. Nor have the courts imposed significant limitations.” [emphasis added]; and

WHEREAS, the 1973 Senate report also expresses concern that in our current state of emergency, we could end up with a totalitarian state:

“If the President can create crimes by fiat and without congressional approval, our system is not much different from that of the Communists, which allegedly threaten our existence…The enormous scope of powers…is a time bomb.” [emphasis added]; and

WHEREAS, Congress has repeatedly violated its war powers through a long series of unconstitutional acts, resolutions and other actions, starting with the Emergency Banking Systems Act and the Agriculture Adjustment Act of 1933, resulting in massive unconstitutional powers to the President; and

WHEREAS, the power to both declare and conduct war is thus in the hands of one man resulting in decades of unjust wars with enormous loss of life and expense while being propagandized as patriotism; and

WHEREAS, The Supreme Court in the Guantanamo line of cases (2008), acknowledged that the U.S. has been under War/Emergency Powers, (Military Commissions Act) depriving detainees of their Constitutional due process/habeas rights (the court preserved Judicial Review of the Constitutional Law claims, and effectively strengthened standing to state a claim in federal court); and

WHEREAS, Congress and past Presidents have persisted in violating this clause by unconstitutionally sending advisors, troops, and/or money, equipment, and other support to aid foreign nations in “wars”, conflicts, police actions, and covert activities, including, but not limited to, Korea, Vietnam, Somalia, Haiti, Kuwait, Kosovo, Iraq, and Afghanistan without a lawful congressional declaration of war as stated in Article 1, Section 8 of the U.S. Constitution; and

WHEREAS, Congress and the President have engaged in non-defensive military actions by committing U.S. troops in over 130 countries throughout the world, engaging us in foreign entanglements and fomenting animosity and reprisals; and

WHEREAS, Congress and the President have abused their power by committing U.S. troops to serve as mercenaries in foreign conflicts under the auspices of the United Nations.

THEREFORE,


B. REMEDIAL INSTRUCTION TO CONGRESS AND THE PRESIDENT

Never again engage the United States in any military conflict except for the common defense; the United States must never again engage in pre-emptive war.

C. ADDITIONAL REMEDIAL INSTRUCTIONS TO CONGRESS

We demand Congress reclaim Its exclusive Constitutional Power to declare war:

1. Repeal all acts, executive orders, and resolutions pertaining to the delegation of any war powers to the President;

2. Cease to fund any and all pre-emptive or offensive military activities throughout the world within twelve months after receiving this document;

3. Comply with all of the war powers provisions in the Constitution as originally written and adopted, never again allowing any American troops to be committed for any reason except in accordance with the Constitution;

4. Impeach any President who initiates military activity without a lawful Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution;

5. Return jurisdiction of National Guard troops to their respective States; enabling the States to revitalize their own militias.

6. Repeal all Emergency Powers Acts and their associated provisions in federal code within a six-month period.

D. ADDITIONAL REMEDIAL INSTRUCTIONS TO THE PRESIDENT

1. Cease and desist now and never again take any military action in any form without a lawful Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution.

2. Withdraw U.S. troops from all countries throughout the world within a period of twelve (12) months after receiving this instruction.

3. Instruct all military commanders and leaders to keep their Constitutional Oath of Office by refusing to execute any orders that may result in injury or loss of human life without a lawful Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution;

4. Instruct all officers and enlisted men to keep their Oaths, of Office and Enlistment, by refusing to obey any orders that may result in injury or loss of human life without a lawful Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution. We also encourage officers and enlisted men to refuse orders to serve under a foreign or international power.

E. REMEDIAL INSTRUCTIONS TO EACH OF THE SEVERAL STATES

1. Instruct the U.S. Representatives and Senators to reclaim their exclusive constitutional power to declare war by:

a) Repealing all acts, executive orders, and resolutions pertaining to the delegation of any war or emergency powers to the President;

b) Ending the funding of any and all offensive or pre-emptive military activities throughout the world within twelve (12) months after being served with this document;

c) Complying fully and strictly with all of the war powers provisions in the Constitution as originally written and adopted, never again allowing any American troops to be committed for any reason except in accordance with the Constitution;

d) Impeaching any President who initiates military activity without a lawful Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution;

2. Immediately recall all National Guard troops and equipment;

3. Obey the Constitutional Oath of Office by refusing to commit any militia, equipment, or funds that may result in injury or loss of human life without a lawful Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution;

4. Protest any military action by the President in any form without a lawful Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution.

F. RECOMMENDED CIVIC ACTIONS BY THE PEOPLE

The Continental Congress 2009 recommends the Citizens of each State take the following actions to help resolve the unconstitutional activities of our elected officials:

1. Encourage the people of each of the several States to become further educated and to build coalitions of like-minded people into groups with sufficient numbers to instruct their fellow citizens how to hold their public officials accountable;

2. Get to know your sheriff within your community and determine if he/she will hold public officials accountable to their Oath of Office; let them know that you are there to help them and support all lawful effort;

3. Work with fellow citizens within your county to form and conduct a lawful citizen’s Grand Jury which are paneled and conducted according to the State Constitution;

4. Participating in an unconstitutional war is militarism not patriotism. In the event of an undeclared war, we urge all citizens to avoid supporting or participating in the war in any way, including military service or weapons production. If just 10% of the population refused to fight, the undeclared war would be unlikely to ever happen. We the People are the ultimate check on a tyrannical government.


[1] Learn more about the subject matter of this Article. Read the WAR POWERS Clauses. Read the PETITION for Redress of Grievances Relating to the Application of the Armed Forces of the United States in Hostilities in Iraq Without a Congressional Declaration of War..

Additional resources for consideration: Petition to the Federal Court Regarding the Unconstitutional Bombing of Kosovo. Dismissed by the Court for “lack of standing.”

(from Articles of Freedom, the Works of the Continental Congress 2009)

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