Page 250 - Fruits from a Poisonous Tree

234 Fruit from a Poisonous Tree

How can the President and Congress do what they were prohibited from
doing by the Constitution with complete impunity from the law?
Every chapter of this book has covered a topic that addresses a violation
of some constitutional provision and deprivation of the rights of “We the
People” by the de facto government. The question I am always asked is,
“How can they get away with it?” Try as I may, I cannot find any legal theory
that makes sense to me with the exception of the following.
This is my theory. It may be valid or not; you decide.

Is the Constitution alive and well … or did it ever really exist?

There are those who believe there never existed a Constitution, in that it
was never signed by any principal to the agreement; it was merely witnessed.
That argument may have some legal currency under Contract Law; however,
for our purposes, let us assume that there was and is a Constitution.
To understand our present day court system, we must examine first causes
– the general nature of Emergency War Powers, martial law, and martial rule
– to see how they operate, if in fact they do operate in our judiciary and why.
Notice I didn’t say “justice system,” because if you want justice, go to church;
you will not find it in our courts of law.

Characteristics of Emergency Powers

“Emergency Powers” means any form of military style government,
martial law, or martial rule. Martial law and martial rule are not the same, as
will be covered in greater detail.
NOTE: The term “emergency powers” is generic, as used herein.
Nations declare emergency powers under the Doctrine of Necessity when
a crisis like war, riots, rebellion, financial collapse, possibly Y2K type crises,
etc., occur, – crises that cannot be dealt with in a normal, peaceful manner.
This has been the traditional manner of dealing with these emergency
situations for several hundred years. Emergency powers are theoretically a
temporary measure to deal with the specific event. When the crisis ends,
emergency powers usually end as well. Only such has not been the case with
the good ole United States.
Franklin Roosevelt declared emergency power in 1933 to deal with an
alleged banking crisis in progress when he assumed the Presidency. In fact,
the crisis was a figment of the Federal Reserve bankers’ imagination. They had
embezzled most of the gold on deposit in their banks and were running scared