by Jonathan W. Emord
March 27, 2012
Jonathan W. Emord is an
attorney who practices constitutional and administrative law before
the federal courts and agencies. Congressman Ron Paul calls Jonathan
“a hero of the health freedom revolution” and says “all
freedom-loving Americans are in [his] debt... for his courtroom
[victories] on behalf of health freedom.”
He has defeated the FDA in
federal court a remarkable eight times, six on First Amendment
grounds, and is the author of Amazon bestsellers Restore the
Republic, The Rise of Tyranny, and Global Censorship of Health
He is also the American Justice
columnist for 'U.S.A. Today Magazine.'
For more info visit
On March 16, President Obama without public notice unilaterally assumed
dictatorial power over the entire country, issuing an Executive Order (“Executive
Order - National Defense Resources Preparedness”) that would
permit him in times of peace or war, in his sole discretion, to control all
of the nation’s industry and resources for,
“purposes of national defense.”
Under Article I, Section 9, Clause 2, Congress
has the exclusive power to suspend the writ of habeas corpus (the right of
one to be released by a court from military or police custody) in “cases of
rebellion or invasion” when “the public safety may require it.”
Although not synonymous with martial law, which
the Constitution never mentions by name, it is nevertheless clear that the
Founding Fathers did not intend the President either to declare a state of
war or to act independent of Congress to suspend the writ.
Moreover, there is no executive power to impose
blanket regulations over the economy independent of Congress, even in times
In this Executive Order, President
that extraordinary power beyond the limits of the Constitution. Indeed, so
sweeping are the areas of control, that there is no substantive difference
between the powers he has assumed and those of a dictator.
Under the March 16 Executive Order, the President invokes a 1950 Act of
Congress, the Defense Production Act, as a basis for asserting extraordinary
control over the entire economy in service to the national defense needs of
the United States.
In effect, President Obama has unilaterally
expanded the authority of Commander-in-Chief to include not only command of
the military but also to command all private parties and resources in
support of the military and objectives of his administration.
The powers assumed are vast, comparable to those exercised by dictators.
Part II of the Order includes the following
section, which delegates to the various secretaries of the administration
the power to supplant private contracts with federal controls over every
part of the economy.
Sec. 201. Priorities and Allocations
(a) The authority of the President
conferred by section 101 of the Act... to require acceptance and
priority performance of contracts or orders (other than contracts of
employment) to promote the national defense over performance of any
other contracts or orders, and to allocate materials, services, and
facilities as deemed necessary or appropriate to promote the
national defense, is delegated to the following agency heads:
the Secretary of Agriculture with
respect to food resources, food resource facilities, livestock
resources, veterinary resources, plant health resources, and the
domestic distribution of farm equipment and commercial
the Secretary of Energy with respect
to all forms of energy;
the Secretary of Health and Human
Services with respect to health resources;
the Secretary of Transportation with
respect to all forms of civil transportation;
the Secretary of Defense with
respect to water resources; and
the Secretary of Commerce with
respect to all other materials, services, and facilities,
including construction materials.
The Executive Order expressly does not limit the
use of these extraordinary powers to times of war or the theater of war but,
rather, they can be used for “purposes of national defense,” entirely in the
discretion of the President.
The powers are delegated to the cabinet
secretaries. There is no provision for prior authorization from Congress, so
the President assumes that he may act unilaterally.
The National Defense Authorization Act declared the entire country a
“battlefield” in the war on terror and granted the President the power to
suspend the writ of habeas corpus, permit military arrest and detention
without notice of charges or any right of due process any American accused
of providing support to terrorists.
The President’s Executive Order grossly expands
the constitutional violations in
the NDAA by replacing the Constitution with
a presumed power of the President to govern the entire economy.
In the history of the United States, there has
never been a more profound and grave moment of the exercise of imperial
executive power than this.
This President who would be Emperor, now is.