"EMERGENCY RULE" Summary
Current Law Permanently Codified At U.S.C. 95a and 95b
October 6,1917: Woodrow Wilson submits to Congress and passes the "Trading with the Enemy Act". "An Act to define, regulate, and punish trading with the enemy, and for other purposes". Congress, with this act, defined who was to be considered the "enemy" and this act gave the government total authority over these individuals to do with as it saw fit. This act Section 2, Subdivision (c) in the middle and again at the bottom of the page; "(other than citizens of the United States",' Section 5(b) "other than credits to be executed wholly within the United States)”. (Note: F.D.R. served on Wilson's staff).
March 3, 1933: President Hoover receives "Proposed Executive Order" from the Federal Reserve Board; WHEREAS, the nation's banking institutions are being subjected to heavy withdrawals of currency for hoarding, and ... WHEREAS, these conditions have created a national emergency.... WHEREAS, it is provided in Section 5(b) of the Act of October 6, 1917, as amended, 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 and the export, hoarding melting, or earmarking of gold and silver coin or bullion or currency .... And"
March 4, 1933: Franklin Delano Roosevelt's inaugural address asks for "War Powers" "I am prepared under my constitutional duty to recommend the measures that a stricken nation in the midst of a stricken world may require ... I shall ask the Congress for the one remaining instrument to meet the crises - broad Executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe." March 6, 1933: F.D.R. issues Proclamation 2039 ..... WHEREAS is provided in Section 5(b) of the Act of October 6, 1917, as amended, that "The President may investigate, regulate, or prohibit under such rules and regulations, has he may prescribe, by means of licenses or otherwise any transactions in foreign exchange and the licenses or otherwise any transactions in foreign exchange and the export, hoarding melting, or earmarking of gold or silver coin or bullion or currency... and “... NOW THEREFORE, I, Franklin D. Roosevelt,....do hereby proclaim, order, direct and declare that from Monday, the sixth day of March, to Thursday, the ninth day of March, Nineteen Hundred and Thirty... Three a bank holiday, and that during said period all banking transactions will be suspended. See "banking holiday" Black's Law Dictionary 4th Edition).
March 9, 1933: The President receives "pre-approved" War powers and ownership of gold is made illegal. 73rd Congress Sess. 1 Ch. 1 "The actions, regulations, rules, licenses, orders and proclamations herefore or hereafter taken promulgated, made, or issued by the President of the United States or Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by subdivision (b) of Sections 5 of the Act of October 6, 1917, as amended, are hereby approved and confirmed (48 Stat 1..). "Sec. 3. Section 11 of the Federal Reserve Act is amended by adding at the end thereof the following subsection: "(n)”... Whenever in the judgment of the Secretary of the Treasury such action is necessary to protect the currency system of the United States, the Secretary of the Treasury, in his discretion, may require any or all individuals, partnerships, associations and corporations to pay and deliver to the Treasurer of the United States any or all gold coin, gold bullion, and gold certificates owned by such individuals, partnerships, associations, and corporations”.
March 9, 1933: Senate Document No. 43, 73rd Congress, 1st Session states: "The ownership of all property is in the State; individual so-called "ownership" is only by virtue of Government, i.e., law amounting to mere user: and use must be in accordance with law and subordinate to the necessities of the State.
1935-36.- Supreme Court rules following cases as "unconstitutional",- 5/6/35 Railroad Retirement Board vs. Alton Railroad Co., 295 U.S. 330. 5/21/35 A.L.A. Schechters Poultry Corp. vs. United States, 295 US495. 1/6/35 United States vs. Butler, 296 US 1. 5/18/36 Carter vs. Carter Coal Co., 298 US 238. Morehead vs. New York ex red... Tipaldo, 298 US587.
1937-1938: After cries that F.D.R. was trying to "stack" the court resignation and death, allowed Roosevelt to appoint enough Justices of his political belief to reverse their previous decisions and peacetime constitutional barriers to the socialist war time agenda were removed. The original understanding doctrine was replaced with the doctrine that the constitution was an evolutionary document.
July 24, 1973: A special committee on the Termination of the National Emergency; Senate Report 93-849 "Since March 9, 1933, the United States has been in a state of declared national emergency". "These proclamations give force to 470 provisions of federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by Congress, which affect the lives of American citizens in a host of all encompassing manners. This vast range of powers taken together, confer enough authority to rule this country without reference to normal constitutional process”.
September 14, 1976: Public Law 94-4 12 of the 94th Congress "To terminate certain authorities with respect to national emergencies still in effect, and to provide for orderly implementation and termination of future national emergencies". The provisions of this Act shall not apply to the following provisions of law, the powers and authorities conferred thereto and actions taken thereunder; (1) Section 5(b) of the Act of October 6, 1917, as amended (12 U.S.C. 95a; 50 U.S.C. App 5(b).
CONCLUSION: Americans are governed by the statutes codified at Title 12 U.S.C. 95a & 95b which originated from the Act of March 9, 1933 and the Act of October 6, 1917 as amended giving the Executive Board war powers over the people.
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