Page 256 - Fruits from a Poisonous Tree

240 Fruit from a Poisonous Tree

support his declaration of war. His was the first “War Powers,” resurrected in
1917 and then again in 1933, and it has never been repealed since. The Federal
government’s use of the Constitution comes down to this: if Constitutional
cites fit a Federal need, they are used; if the Constitution or precedent does
not fit, it is ignored. In other words, the Constitution is optional to the
Federal government, because after all, you answer to the “Juristic Personality”
name, spelled in all capital letters, placing you in Equity jurisdiction without
the protection of the Constitution.
This is why so many Supreme Court decisions (“Right to Privacy” cases,
abortion rights, Social Security, etc.), for which there are no Constitutional
precedents, are made under the Doctrine of Necessity.
A “social agenda” is impossible without Doctrines of Necessity and
International Law to justify the imposition of emergency powers as a first
priority.
Remember that there was no Federal Social Security before passage of
the International Labor Organizations Treaty (1935). This Treaty mandated
a social consciousness and enfranchisement of the masses. This process of
Socialism began with the massive entitlements programs the people are
burdened with today.
A hidden Constitutional problem for Americans under emergency
powers is that all Constitutional Rights become “privileges” that, by necessity
and International law, can be given or taken away at whim.
Thus, in California v. Simpson, when Mark Fuhrman was called to testify
about the infamous tapes, etc., he replied to all questions with: “I wish to
assert my Fifth Amendment ‘privilege.’” Note that Furhman asserted no right,
only a privilege, using words given him by his attorney/agent of an emergency
power court. Privileges, being removable at the whim of the Commander-in-
Chiefs, tells us why Congress feels so free to modify Constitutional Rights
such as those in the Second Amendment, i.e., gun ownership, etc.
The remaining question is how are emergency powers and martial law, or
martial rule, terminated?
Emergency powers are terminated in only three ways:
1. A Commander-in-Chief can terminate emergencies by Executive
Orders. The emergency then ends on a specific date and time. But a lawful
civil authority must exist (UN?) to which he may cede authority. The past ten
Presidents have not seen the need to return the country back to the people,
and I don’t hold out much hope of there ever being a President of that caliber
who would do his duty.
2. If conquered by another, the conquering power can terminate
emergency powers by its own Executive Order or decree. This point
deserves some expanded discussion for reasons that will become clear below.
Remember, the U.S. is, by International Law and Supreme Court decisions,