PIML 96061406 / Forwarded to Patriot Information Mailing List: [Martial law, war powers, and the suspension of the Constitution.] PIML ================================================================== At 08:47 AM 6/13/96 -0700, you wrote: >>The following is a message I recieved from Linda Doly. It clearly states the >>power of the President, and FEMA. >> >>-------------------------------------------------- >>At 11:43 PM 6/10/96 -0400, kalivas wrote: >>>> George Orwell had nothing on Congress. They are lawyers from Alice in >>>>Wonderland. >>>> >>>> >>Kalivas, >>Hi... I have not studied this well enough to be commenting on it but there >>may be some who know about the War Powers Act and the Buck Act. These bits >>of legislation put us into national ememgency giving the president the power >>to enact Martial Law . . . > Thank God! Someone is now confirming what I have been saying all along! > >I have been trying to report this information for months now, and I also >have further information regarding emergency powers and how they got >started. Please read this repost of my report on how this all got started! > >The Day America Fell > >"The loss of Christian prinicples and hence the loss of our Constitution" > >By Alan Russell, Neuman, suae potestate esse, Private Christian ================================================================== Alan: Of course I agree with you that the federal government has for some time been acting as if the Constitution had been suspended. Fortunately, it is not possible for the federal government to actually suspend the Constitution. Any unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose. The people have the right and the means, for the present at least, to get rid of these federal legislators who are writing unconstitutional statutes. Vote the incumbents out of office and vote patriots in. Simple? Yes. Easy? No. It takes real work. The following are the "war and emergency powers of the President" as stated in the U.S. Constitution: Article I, Section 8 The Congress shall have Power . . . To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water . . . Article I, Section 9 The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. Amendment III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger . . . There are no additional constitutional war or emergency powers. "This Constitution . . . shall be the supreme law of the land; and the judges in every State shall be bound thereby . . ." U. S. Constitution, Article IV "The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. 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 . . . A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." Sixteenth American Jurisprudence, Second Edition, Section 256 I get so tired of hearing "the U.S. Constitution has been suspended" instead of the more accurate "the federal government is acting as if the Constitution were suspended." Little words, big difference. Alan, what is it that you fail to understand about the word "supreme"? for Liberty, Bill ================================================================== * Patriot Information Mailing List * http://constitution.org/piml/piml.htm * A service to help inform those who have an active interest in * returning our federal and state governments to limited, * constitutional government * Send messages for consideration and possible posting to * butterb@sagenet.net (Bill Utterback). * To subscribe or unsubscribe, send message with subject line * "subscribe patriot" or "unsubscribe patriot" * Forwarded messages sent on this mailing list are NOT verified. * See World's Smallest Political Quiz: www.self-gov.org/quiz.html * Libertarian is to LIBERTY as librarian is to library (DePena) * PIML grants permission to copy and repost this message * in its entirety with headers and trailers left intact.