You may be surprised to know that a sitting president, today, has the legal ability to take over this country and run it for a time as if a dictator.It should be noted that the only barrier to this potentiality is a ridiculous thing called "trust." We trust that the president, any president, will not abuse his power. Up until now, that has worked. Whether Obama proves to be the exception, the fact remains that a rogue president can assume power as a dictator and function as an imperialist president, legally. All he has to do is call an "emergency" and invoke martial law. An example of a modern day imperialist president is Hugo Chavez, elected to office by the "will of the people," yet functioning as a dictator, taking full control of all industries in Venezuela, as well as control of the military and the nation's energy supply. I am saying that this very scenario can happen, now, in the U.S. In fact, an author at Wikipedia makes the case for this being a current possibility, since BEFORE Obama. See note #4, below.
You can start your research with a read of the full Wikipedia article under "Imperial Presidency." Understand that concern for the evolving nature and power of an imperial presidency has been around since the 1960's. The concern is not new with me. In 1973, Arthur Schlesinger, Jr. wrote a book by the same name (The Imperial Presidency - it is still in print).
Here is the pertinent excerpt from the Wiki article.
Arguments that the United States President has become an imperial
presidency are:
§ As staff numbers increased, many people were
appointed who held personal loyalty to the person holding the
office of president, and who were not subject to outside approval or control.
§ A range of new advisory bodies developed around
the presidency, many of which complemented (critics suggest rivaled) the main
cabinet departments, with the cabinet declining in influence. The National Security Council and
the Office of Management and Budget are
prime examples.
§ The Senate does not "advise and
consent" to appointments to the Executive Office
of the President (with only a handful of exceptions), as it
does with cabinet appointments. A corollary of this is that EOP personnel may
act independent of, without regard for, and without accountability to Congress.
§ The Presidency relies on powers that exceed the
Constitution. The extent of foreign policy and war powers of the Presidency are
questioned. Also the extent of Presidential secrecy is questioned. See The Imperial Presidency(book).
§ The plebiscitary Presidency is a Presidency that
is accountable only during elections or impeachment rather than daily to the
Congress, the press and the public. This has been considered evidence of an
Imperial Presidency.
Some have suggested that the range of new agencies, the importance
of the Chief of Staff, and the large number of officials created a virtual
'royal court' around the President, with members not answerable to anyone but
the President and on occasions acting independent of him also.
Here is the path to presidential imperialism as seen via the Midknight Review:
1. Martial law:
By definition, martial law has been defined as military rule or authority imposed on a civilian population when the civil authorities cannot maintain law and order, as in a time of war or during an emergency. Understand this: per the Constitution, "the people" are sovereign,** not the federal government. While we need law and order; while "martial law" can be used when all possibility of law and order are gone, we, the sovereign people must always view a declaration of martial law with great suspicion and demand the return of freedoms as soon as possible. Martial Law is a power that, if abused, can result in the end of individual freedoms and the right to own private property.
In the order, the National Defense Resources Preparedness Order, the President (Mr. B Hussein Obama) granted to himself the authority to approve the dispensing of all domestic energy, production, transportation, food, and water supplies as he deems necessary to protect national security. The order was dated March 18, 2012 (Sunday).
By definition, martial law has been defined as military rule or authority imposed on a civilian population when the civil authorities cannot maintain law and order, as in a time of war or during an emergency. Understand this: per the Constitution, "the people" are sovereign,** not the federal government. While we need law and order; while "martial law" can be used when all possibility of law and order are gone, we, the sovereign people must always view a declaration of martial law with great suspicion and demand the return of freedoms as soon as possible. Martial Law is a power that, if abused, can result in the end of individual freedoms and the right to own private property.
2010
As of 2010 and since Obama has become president, the National Guard has been rolled into his command in the event of a declaration of martial law.
In addition to the Executive order detail in Obama's order over the weekend (hyperlink immediately below), we know that as of 2010 (2nd year of Obama), the National Guard believes it can detain and persecute private citizens under Article 32 military tribunal. The Coast Guard now openly declares itself"one of the five armed forces of the United States and the only military organization within the Department of Homeland Security." Understand that with the declaration of "martial law," the Coast Guard falls under the command of the American president, whoever that might be.
2012
I add to the legislative statement(s) governing martial law this Executive Order: Executive Order — National Defense Resources Preparedness In the order, the National Defense Resources Preparedness Order, the President (Mr. B Hussein Obama) granted to himself the authority to approve the dispensing of all domestic energy, production, transportation, food, and water supplies as he deems necessary to protect national security. The order was dated March 18, 2012 (Sunday).
2. "Executive Order" is a power first administered for a legislative matter by Andrew Jackson, in 1829. By 1850, these orders were in common use by the president. On October 14, 1861, Lincoln used an executive order to suspend Habeas Corpus in the establishment of martial law. This was the beginning of the Civil War for the North. A modern day president can use executive order for the very same purpose.
3. Czars: Understand that "czars" extend the power of the president, himself. Each works directly under his supervision to the exclusion of all other venues of oversight including congress. They cannot be subpoenaed or forced to testify beyond what may be required of the president. The pay czar, for example, has the power to legislate wage control over the nation's CEO's and to do so without review or oversight. The car czar makes decisions, under Obama, that are typically reserved for congress, as well. Our hapless congress gave up its oversight powers, years ago. There are more than 50 czars under Obama, the most in US history. Republicans are as complicit in this mess as are Democrats.
4. The non-budgeted continuation of governance and the monies available to a rogue president allow a president, federal funding for the various federal programs.
5. The doctrine of "separation of powers" apparently prevents congress from intervening in the use/misuse of any of the above stated presidential privileges. As a consequence, we have congressional boobs such as John McCain, whining about Obama's misuse of presidential powers but seemingly unable to solve the problem.
6. Executive privilege: "The principle that members of the executive branch of government cannot legally be forced to disclose their confidential communications when such disclosure would adversely affect the operations or procedures of the executive branch." This includes the 15 cabinet heads and the so-called czars and their staff. In the case of Barack Obama, this allows for the "protection" of hundreds of individuals.
In view of the 6 points above, understand that Obama has the power, even without declaring martial law, to fundamentally transform this country without congressional review or the consent of the people. He has the power to ignore the Constitution and function in stark disregard for that stated rule of law as he has done multiple times during the last three and half years.
5. The doctrine of "separation of powers" apparently prevents congress from intervening in the use/misuse of any of the above stated presidential privileges. As a consequence, we have congressional boobs such as John McCain, whining about Obama's misuse of presidential powers but seemingly unable to solve the problem.
6. Executive privilege: "The principle that members of the executive branch of government cannot legally be forced to disclose their confidential communications when such disclosure would adversely affect the operations or procedures of the executive branch." This includes the 15 cabinet heads and the so-called czars and their staff. In the case of Barack Obama, this allows for the "protection" of hundreds of individuals.
In view of the 6 points above, understand that Obama has the power, even without declaring martial law, to fundamentally transform this country without congressional review or the consent of the people. He has the power to ignore the Constitution and function in stark disregard for that stated rule of law as he has done multiple times during the last three and half years.
End Notes:
1. You can begin your research here. Always look for well worded opposing points of view when doing such research. This article is a beginning. I am not "recommending" it to you for any other reason that as a beginning point. Understand that a "move to the Right," is one thing. To radicalize yourself, is quite another - blog editor. http://www.corbettreport.com/articles/20101027_shine.htm
2,Jury nullification is the right of a panel of jurors to nullify the law, if they believe taht law's application is ultimately harmful. Such an appeal was made during the OJ Simpson trial. Right or wrong, juries have that right to ignore a stated law and they have that right because of the Constitutional fact of the sovereignty of the people over the government.
3. Martial Law - guide: This article tells you in outline form all you need to know about martial law and how you must act while martial law is being enforced. Understand that the article was written before the events of 2010 and this past Sunday.
4. Here is a review of this recent Executive Order as it appeared at the FoxNews site understanding that it expands the concept of "martial law:"
Written by Joe Wolverton, II, The New American
Sunday, 18 March 2012 18:00
Sunday, 18 March 2012 18:00
ObamaPresident Barack Obama issued an Executive Order on March 16 giving the White House absolute control over all the country’s natural resources in case of a natural disaster or during a time of war.
In the order, the National Defense Resources Preparedness Order, the President granted to himself the authority to approve the dispensing of all domestic energy, production, transportation, food, and water supplies as he deems necessary to protect national security.
Despite the national defense hurdle that ostensibly must be jumped in order for the order to take effect, the text of the document itself does not limit implementation to a time of war. In fact, the specific sections of the order make it clear that the President can take complete command and control of the country’s natural resources in peacetime, as well.
proof reading still in progress.
Despite the national defense hurdle that ostensibly must be jumped in order for the order to take effect, the text of the document itself does not limit implementation to a time of war. In fact, the specific sections of the order make it clear that the President can take complete command and control of the country’s natural resources in peacetime, as well.
proof reading still in progress.
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