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Constitution Swept Away by Obama Executive Order

America's first Black President has ironically swept away the last of our constitutionally protected freedoms and legalized himself as dictator through a presidential executive order.

Tuesday, March 27, 2012

by Jonathan W. Emord

Mr. Emord, 51, has been practicing constitutional and administrative law before federal courts and agencies for 27 years.

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 of war.  In this Executive Order, President Obama assumes 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.

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