President Obama has signed an Executive Order (EO) which is unprecedented. It exceeds the recent admission from Defense Secretary Leon Panetta dismissing the role of Congress in military actions. It exceeds the revelation in the National Defense Authorization Act which declares the U.S. homeland as part of the battlefield allowing American citizens to be indefinitely detained absent any charges being filed. Why is this EO so heinous? Read it here for yourself.
It doesn’t even require the declaration of an emergency. It’s based upon national defense readiness, both in peacetime and during an emergency. It extends the powers of martial law at anytime the President sees fit. Martial law normally requires a breakdown of law and order. This President has determined he has the authority right now, today, to implement any measures he deems necessary to prepare the troops.
Sec. 102. Policy. The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency. The domestic industrial and technological base is the foundation for national defense preparedness. The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States.
He goes on further to declare that his Agency Heads have the authority to guarantee loans by private institutions (Sec. 301), and even to make the terms of the contracts (Sec. 301(b)). If that’s not enough, he has given the Agency Heads the authority to issue loans (Sec. 302). They are also authorized to stockpile materials in excess of requirements (Sec. 303(b)) and to issue subsidy payments for high cost items (Sec. 304).
Section 308 is outrageous.
Sec. 308. Government-Owned Equipment. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to:
(a) procure and install additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government owned equipment in plants, factories, or other industrial facilities owned by private persons;
(b) provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and
(c) sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants, factories, or other industrial facilities.
The Federal Government has the authority to procure, install or modify private property. In peacetime. Who needs Martial Law?
Obama is also creating advisory boards such as the Defense Production Act Committee (DPAC) and the National Defense Executive Reserve (NDER). Not exciting enough for you yet? How about Section 601.
Sec. 601. Secretary of Labor. (a) The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall:
(1) collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense;
(2) upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services;
(3) upon request from the head of an agency with authority under this order, consult with that agency with respect to: (i) the effect of contemplated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;
(4) upon request from the head of an agency with authority under this order: (i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and (ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and
(5) develop and implement an effective labor management relations policy to support the activities and programs under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.
Did you read part 2 concerning the induction of persons for duty in the Armed Forces? That’s called a draft as far as I know. No, this doesn’t mean Obama has instituted a draft, but it says he can anytime he wants.
More importantly, this Executive Order establishes that the President doesn’t need Congress to declare war, or even for an emergency situation to be declared, in order to appropriate funding for national defense initiatives. He can work through the Treasury to fund any of it he determines necessary. Just as Panetta stated, Congress is irrelevant. The Constitution is irrelevant. And just who do you think is going to do anything about it to stop him?
Any of these provisions can be executed in peacetime. Our Constitution and the rule of law are dead.
You’ll see numerous stories coming out in the next days concerning this EO as being nothing more than an update and no reason for concern. How this makes an illegal power grab any more correct, I don’t know. Simply because it hasn’t been exercised doesn’t mean we shouldn’t be concerned it even exists.
UPDATE – Just want to thank all the commenters calling for my execution merely for posting about a public document. Sorry you got lost in the spam filter. Remember, nobody held a gun to Obama’s head to update the EO. The reasoning that everybody else is doing it works for school children. The DHS has been around for years now if that’s your logic. Forget the left/right argument as well. Bush was a complete disaster on our liberty. How about Obama showing some real leadership and issuing an EO on how he will move to restore our liberty? Martial law EO’s can stay in his desk until such time as one becomes necessary when the Federal Government will take any and all steps it deems necessary anyway.