Can America Be Saved? Can The Republic Be Resurrected?
by David A. Newby
The United States has been in a declared State of Emergency for 61 years. That’s correct. Ever since March 9, 1933, we have been in a State of Emergency as declared by Presidential Proclamation.
To understand the reasoning behind the emergency we must go back to the creation of the Federal Reserve Bank system in 1913. The battle in this country for a centralized bank has been going on since the creation of our nation. There were two previous central banks. President Andrew Jackson pledged his life to destroy the last Bank of the United States. He succeeded before he left office. Almost eighty years would pass before the International Bankers would succeed in once more setting up a central bank in this country. The Federal Reserve Act of 1913 accomplished this goal through the use of bought votes, secret meetings at Jeckyl Island, and great subterfuge.
The Federal Reserve Act was passed December23, 1913 when most of the Congressmen who opposed it had taken trains home for the Christmas holidays. The Democrats who did this end run knew that they would not be able to get the Act passed with a full congress in session so they waited until the opposition had left for the holidays and brought it to the floor for a vote. Naturally, it passed. The International Bankers had once more succeeded in establishing a central bank on American soil.
The Federal Reserve Banks were to be a central point of storing the American people’s gold and silver in safety. The people willingly utilized the Federal Reserve member banks and were issued Federal Reserve Notes equivalent to the amount of gold they had on deposit for reclamation of their goods at any time in the future. When the stock market crashed in 1929 the Great Depression came upon the land. Over the next few years money got tight and times got hard. The hard times prompted many Americans to use their Federal Reserve Notes and reclaim their gold. But by 1932 the Federal Reserve had spirited away the wealth of this nation, in the form of the deposited gold, and the gold was no longer in the banks for the people to reclaim. The gold had been moved overseas to large banking houses in Europe.
This circumstance would serve to reveal the fraud the privately-owned Federal Reserve Banks had perpetrated on the people if it ever became known. But the ever wiley bankers, at a meeting of the Federal Reserve Board in New York, came up with a way to declare a National Emergency and thereby save the banks from being discovered in their theft. Franklin D. Roosevelt was governor ofNew York at that time and very cozy with the bankers. He was elected president, and on March 4, 1933, in his Inaugural Address he made a proclamation declaring war on the depression and declaring the State of National Emergency through Proclamation #2038. The Proclamation was declared unlawful so the President called a special emergency session of Congress and had his proclamation enacted into law without Congress even reading the bill!
This proclamation was enacted into law in 12 United States Code section 95(b). This law is still on the books today. The emergency is still in effect after 61 years!
The law passed by the 73rd Congress declaring the emergency can be found in volume 48 U.S. Statutes at Large, Title I (Page 1); or H.R. 1491, which reads as follows: Section 1. The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the united States or the Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by subdivision (b) of section 5 of the Act of October 6, 1917, as amended, are hereby approved and confirmed.
[Before continuing with Section 2 there are points that need to be discussed about Section 1. This Section of H.R. 1491 grants the President and the Secretary of the Treasury broad powers that stand today . approved from that date forward. These are powers that fly in the face of the Constitution and give the office of the President near dictatorial powers.]
Section 2. Subdivision (b) of section 5 of the Act of October 6, 1917 (40 Stat. L. 411), as amended, is emergency declared by the President, the President may , through any agency that he may designate, or otherwise, investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, transfers of credit between or pay- ments by banking institutions as defined by the President, and export, hoarding, melting, or earmarking of gold or silver coin or bullion or currency , by any person within the United States or any place subject to the jurisdiction thereof; and the President may require any person engaged in any transaction referred to in this subdivision to furnish under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection therewith in the custody or control of such person, either before or after such transaction is completed.
Whoever willfully violates any of the provisions of this subdivision or of any license, order , rule or regulation issued thereunder , shall, upon conviction, be fined not more that $10,000, or , if a natural person, may be imprisoned for not more than ten years, or both; and any officer , director , or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both.
As used in this subdivision the term Although the Act of October 6, 1917 is not mentioned by name, it must be clarified that the Act did have saving clause of the original Act. The original follows: Sec. 5. (b) That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, export or earmarkings of gold or silver coin or bullion or currency , transfers of credit in any form (other than credits relating solely to transactions to be executed wholly within the United States), and transfers of evidences of indebtedness or of the ownership of property between the United States and any foreign country , whether enemy , ally of enemy or otherwise, or between residents of one or more foreign countries, by any person within the United States; and he may require any such person engaged in any such transaction to furnish under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection therewith in the custody or control of such person, either before or after such transaction is completed. (end of quoted section) Notice that the previous act, the original Trading with the Enemies Act, exclusively exempted transactions within the United States.
The Act as amended by President Roosevelt and subsequently passed by Con- gress omits that exemption thereby making the American people enemies to the state. What the amended Act did was rob the American people of a stable currency backed by gold and silver . The people of this nation were made to give up their gold in order to protect the interest of a private produce the gold that was put on deposit in their banks, but President Roosevelt made it illegal for the rest of the country to keep the gold that they had in their possession!
This amounted to nothing more than theft. A case was brought before the Supreme Court to challenge the Constitutionality of the law and the Su- preme Court held that the law was in fact unconstitutional. This created a minor problem that was soon unconstitutional law became law wholly by judicial fiat. A Senate committee report was released on November 19, 1973, Senate Report 93-549, which dis- cussed in depth the states of emergency and what it meant to the nation. Comments made by Senator Frank Church in the report questioned the difference between the dictatorial powers held by the President of the United States under the national emergency and those held by Communist dictators. It was held that, in effect, there was no difference. In September 1976 the Congress lifted all the national emergencies that the Congress had the power to remove in Public Law 94-412.
It still left about six emergencies, most as a result of the one you have just read, that can only be removed or rescinded by the President. Every President to sit in the White House has been aware of these states of emergency and each of them has been unwilling to relinquish the power they retain in the Executive branch under the emergencies. Congress is powerless to change this situation unless it decides to bring the President up on charges of treason. Article III, Section 3 of the United States Constitution states: Treason consists of against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attained. By reading the above cited Act of March 9, 1933, and reading other acts by the same congress, such as the Agriculture Emergency Act of May 12, 1933 where the federal government confiscated the land of this nation to back the credit system of the United States, you must decide whether you think every President since Franklin Roosevelt has been guilty of treason by levying war against the people of America. Every President has known of the power they hold through these standing emergencies.
Democrat and Repub- lican alike are complicit in perpetuating this war against the American people. The record speaks over and by the use of Executive Orders in every administration creating agencies that have no authority to exist under the Constitution and issuing Orders that amount to nothing more than Kingly Decrees of earlier times. It is time Congress gains the courage to exercise their power and duty to the American people as laid out in the Constitution and restore the true representative government created by that document.
Think on it…
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