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Originally posted by antar
A frantic mind changes nothing, a mind that is alert conscious aware can change everything.
The current emergency power supplied to the President and the Secretary of the Treasury by section 95(a) authorizes them to regulate America's banking system, even to order the closing of banks. But such powers are clearly unconstitutional on two counts: The Constitution contains no authorization for any federal authority to declare a national emergency, and it likewise contains no authorization for regulating or closing banks. The absence of such grants of power in the body of the Constitution are, of course, reinforced by the Tenth Amendment. Therefore, the Constitution cannot be suspended as Dr. Schroder believes. Instead, its fundamental limitations are being ignored and the power of the executive branch of government is being permitted to grow to ominous proportions.
In 1976 Congress passed the National Emergencies Termination Act, which specified that any national emergency not extended by the President on an annual basis will be automatically terminated. Also, the act recognized the power of Congress to terminate a national emergency. Schroder claims that the national emergency declared by FDR in 1933 was expressly exempted from this act. But he fails to note that this exemption was done away with one year later in a measure amending the Trading With the Enemy Act.
"Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, in view of such continuing national emergency and by virtue of the authority vested in me by Section 5 (b) of the Act of October 6, 1917 (40 Stat. L. 411) as amended by the Act of March 9, 1933, do hereby proclaim, order, direct and declare that all the terms and provisions of said Proclamation of March 6,1933, and the regulations and orders issued thereunder are hereby continued in full force and effect until further proclamation by the President."
NATIONAL EMERGENCIES (50 U.S.C. 1622 (2002)).
(a) Termination Methods. Any national emergency declared by the President in accordance with this title shall terminate if_
(1) there is enacted into law a joint resolution terminating the emergency; or
(2) the President issues a proclamation terminating the emergency.
TERMINATION OF EXISTING DECLARED EMERGENCIES (50 U.S.C. 1601 (2002)).
(a) All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, United States Code, as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act1 are terminated two years from the date of such enactment. Such termination shall not affect_
(1) any action taken or proceeding pending not finally concluded or determined on such date;
(2) any action or proceeding based on any act committed prior to such date; or
(3) any rights or duties that matured or penalties that were incurred prior to such date.