The Militant Libertarian

I'm pissed off and I'm a libertarian. What else you wanna know?

Thursday, July 01, 2004

National Emergency

The following was published anonymously to one of the email forums I belong to. I thought it interesting enough to put here. I don't know who the author is.

I just finished a search of the federal register for the past two years. I wanted to compile a list of the declarations of national emergency that are on the books. This particular list is geared towards those emergencies that were in force and effect as of September 12th, 2001 (the day of the arrest) and also include a couple or three that immediately followed.

The issue here is that just about everyone reading this has lived all their lives in a perpetual state of national emergency. The first emergency that was on the books that is still in effect today is the one from March 6, 1933 by the Traitor FDR (Executive Proclamation 2038). Another one that is not included here is from December 16, 1950, Truman's declaration of emergency with respect to Korea. Neither of these two emergencies have been revoked by the POTUS.

See http://www.barefootsworld.net/war_ep.html

Along the way, CONgress wrote a "sunset" clause that stated that if an emergency was declared by the POTUS, that it would expire after two years, and then it had to be renewed. That is the bulk of what you find below. The other two emergencies noted above were grandfathered in and will not end without express revocation by the POTUS.

What does living in a state of national emergency mean? For example, I find in the Nevada Constitution at Article I, Section Sec. 11:

Right to keep and bear arms; civil power supreme.

1. Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.

2. The military shall be subordinate to the civil power; No standing army shall be maintained by this State in time of peace, and in time of War, no appropriation for a standing army shall be for a longer time than two years.

No standing army shall be maintained in time of peace.

What in the heck is the Nevada State Police and the Police Units of the Metro areas? They are a standing army. Take a look at their authority and you will find they report to the governor, who is the commander in chief of the state armed forces.

If no standing army can be kept in time of peace, then we must be at war. Where is the evidence of that?

The War Powers Act of 1973 essentially grants to the POTUS the "power" to declare war. That is why there is no necessity for a declaration by CONgress. They have abdicated this responsibility. There is no War on Terror, because CONgress did not declare war. They delegated authority to the POTUS to do whatever he wants to do with it so that CONgress remains not responsible (or is it irresponsible?)

Anyway, here are the rest of the declarations of national emergency that are on the books that were in force and effect on September 12, 2001. There were three more added soon thereafter.

3. Respect to Iran (Executive Order 12170, November 14, 1979); 68 F.R. 64489

5. Notice of May 27, 2002; Continuation of Emergency With Respect to the Federal Republic of Yugoslavia (Serbia and Montenegro) (Executive Order 12808, May 30, 1992); 67 F.R. 37661

5. Notice of September 23, 2002; Continuation of the National Emergency With Respect to UNITA (Executive Order 12865, September 26, 1993); 67 F.R. 60105

6. Notice of January 16, 2004; Continuation of the National Emergency With Respect to Terrorists Who Threaten To Disrupt the Middle East Peace Process (Executive Order 12947, January 23, 1995); 69 F.R. 2991

7. Notice of October 16, 2002; Continuation of the National Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia (Executive Order 12978, October 21, 1995); 67 F.R. 64307

8. Notice of February 26, 2004; Continuation of the National Emergency Relating to Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels (Proclamation 6867, March 1, 1996); 69 F.R. 9513

9. Notice of January 5, 2004; Continuation of the National Emergency With Respect to Libya (Executive Order 12543, January 7, 1986); 69 F.R. 847

10. Notice of July 30, 2002; Continuation of the National Emergency With Respect to Iraq (Executive Order 12722, August 2, 1990); 67 F.R. 50341

11. Notice of November 6, 2002; Continuation of Emergency Regarding Weapons of Mass Destruction (Executive Order 12938, November 14, 1994); 67 F.R. 68493

12. Notice of March 10, 2004; Continuation of the National Emergency With Respect to Iran (Executive Order 12957, March 15, 1995); 69 F.R. 12051

13. Proclamation 7757 of February 26, 2004; Expanding the Scope of the National Emergency (Proclamation 6867 of March 1, 1996) and Invocation of Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels into Cuban Territorial Waters; 69 F.R. 9515

14. Notice of May 17, 2004; Continuation of the National Emergency With Respect to Burma (Executive Order 13047, May 20, 1997); 69 F.R. 29041

15. Notice of October 29, 2003; Continuation of the National Emergency With Respect to Sudan (Executive Order 13067, November 3, 1997); 68 F.R. 62211

16. Executive Order 13324 of January 15, 2004; Termination of Emergency With Respect to Sierra Leone and Liberia (Executive Order 13194, January 18, 2001); 69 F.R. 2823

17. Notice of June 20, 2003; Continuation of the National Emergency With Respect to the Western Balkans (Executive Order 13219, June 26, 2001); 68 F.R. 37389

18. Notice of August 14, 2002; Continuation of Emergency Regarding Export Control Regulations (Executive Order 13222, August 17, 2001); 67 F.R. 53721

19. Notice of September 10, 2003; Continuation of the National Emergency With Respect to Certain Terrorist Attacks (Executive Order 13223, September 14, 2001); 68 F.R. 53665

20. Executive Order 13223 of September 14, 2001; 66 F.R. 48201; Ordering the Ready Reserve of the Armed Forces To Active Duty and Delegating Certain Authorities to the Secretary of Defense and the Secretary of Transportation

21. Notice of September 19, 2002; Continuation of the National Emergency With Respect To Persons Who Commit, Threaten To Commit, Or Support Terrorism (Executive Order 13224, September 23, 2001); 67 F.R. 59447

There are three more since then not listed here.

Look at your children. Tell them they are living under a perpetual state of national emergency and you are going to do your utmost to end this farce.

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