In 1974, former US Senator Thomas F. Eagleton wrote a book titled, War and Presidential Power: A Chronicle of Congressional Surrender, in which he demonstrated the erosion of Congress' awareness of its own constitutional powers in the passage of the War Powers Resolution on 11-7-73 (PL 93-148)
In his book Eagleton provides a behind-the scenes account of how the war powers measure, which was intended to "recapture" Congress' power to declare war, was "kidnapped" in a House-Senate conference committee, and he states that the bill is unConstitutional since it "formally surrenders the primacy of Congress in decisions of war and peace". PL93-148 requires no specific Congressional authorization for US military involvement in hostilities until ninety days after the president engages US forces. In the meantime, the president garners public support through the use of the controlled media - eliciting Americans' patriotic empathy - thereby influencing Congress to support un-Constitutional presidential actions. Eagleton ends his book with a call to amend PL93-148 to restore the proper congressional role.
In this case Senator Eagleton did not understand his Constitutional power or obligation. The federal government (congress, president, supreme court, bureaucrats) has only the power delegated to it by our Constitution. Any other powers assumed by either elected officials or appointed bureaucrats are un-Constitutional and of no effect.
* War Powers Resolution - Not to be confused with the Emergency Banking / Trading With The Enemy Act of 1933 (most commonly referred to as the War Powers Act) when President Franklin Delano Roosevelt declared a national emergency - which has been renewed by every president since Roosevelt - and purportedly "suspended" our Constitution.
Our Constitution contains no provision which would allow it to be suspended by anyone, including the president, and any "law" declaring it so has no force or effect. No president, Congress, judge or group of powerful "world-leaders" can suspend our Constitution, either legally or lawfully. It is disturbing, indeed, to continuously read and hear from well-intended Americans who have bought into the Constitution-has-been-suspended rhetoric. We understand the laws were passed and our Constitution has been treated as though it doesn't exist and... this can stop now if Americans stop buying into and repeating these deceptions as though they are real.
[Note: 1-3-2000 - Nor does our Constitution contain any provision which would empower a president to declare martial law. Prior to the turn of the millennium - actually that occurs in 2001 - doom-and-gloom predictions hawked by the controlled media, and propagated by many "patriot" talk shows regarding impending Y2K catastrophes, thoughtless comments that: "The president will declare martial law" were bandied about loosely and irresponsibly. It isn't enough to ignore the statements when we hear them... we MUST set the record straight - THE PRESIDENT CANNOT DECLARE MARTIAL LAW... THERE IS NO SUCH THING UNDER OUR CONSTITUTION. The more often we repeat that fact, the sooner people will understand how we've been caught up in a word game. Let us begin now to cancel out the lies and replace the lies with truth. What miracles could happen?]
FROM 16th AMERICAN JURISPRUDENCE, 2nd, SECTION 256
(This is a compilation of various U.S. Supreme Court decisions)
"... an un-Constitutional statute, whether federal or state, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose,... is as inoperative as if it had never been passed. No repeal of such an enactment is necessary."
"Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it. ....No one is bound to obey an un-Constitutional statute and no courts are bound to enforce it. ..."
Also see "Constitution of the United States of America - Revised and Annotated" - 1972. - Prepared by the Congressional Research Service, Library of Congress - Government Printing Office. On page 866, Chief Justice Marshall said: ** "The nullity of an act, inconsistent with the Constitution, is produced by the declaration, that the Constitution is the supreme law."
Translated... The president has no Constitutional authority to engage our American troops in war. The Congress has no authority to abrogate their Constitutional obligation to any other individual or body. Nor does the President have Constitutional power to make law or change law or violate the Constitution by Executive Orders or Presidential Decision Directives - i.e., Clinton's PDD-25 in which he assumes control over deployment of our military to UN "peacekeeping" missions as Commander in Chief. He doesn't become Commander in Chief unless Congress declares war.
When we spoke to Brian Merchant at the National Security Agency seeking information regarding Presidential Decision Directives and Executive Orders, he said EO's and PDD's are not law. He couldn't explain what they are.* When we stated that PDD-25 -- in which Bill Clinton gave himself authority to deploy U.S. troops to UN missions without congressional authority, among other dastardly presidential prerogatives -- is unConstitutional because only the U.S. Congress can declare war unless there is a direct attack on America, Brian Merchant replied, "Under international law, peacekeeping is not defined as war."
*[Note - 1-3-2000 - In 1996 Bill Leary from N.S.A. further explained the status of EO's,
"There is no legal or criminal penalty for failure to obey an executive order".
There is no Constitutional authority for the federal government to place Americans under International Law. This is more of their doublespeak as in Orwell's book, 1984, a classic story of a New World Order nightmare where the main slogan was, "WAR IS PEACE". The characters in Orwell's book believed it and today, we fear, many thoughtless Americans are swallowing it whole.
** [Note -1-3-2000 - The statement by Justice Marshall that the nullification of an unconstitutional act is simply the declaration of the supremacy of the Constitution, brought forth a compelling question: "Who listens when we make that declaration?" The answer is seemingly, "Nobody". Then, in view of the sovereign nature of the several states; and the maxim of the 10th Amendment in the Bill of Rights which declares that "the powers not delegated to the United States by the Constitution,. . . are reserved to the States respectively, or to the people", it becomes clear that the declaration of the supremacy of the Constitution would necessarily be made by the legislatures of the several sovereign states.
FACT: The state legislators not only have the Constitutional power, they have the responsibility of declaring null and void any and all unconstitutional statutes, mandates, treaties, foreign agreements - including trade agreements - and any U.S. Supreme Court rulings which would, in effect, amend the Constitution. t is a matter of States' Rights]
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