Not explicitly copyrighted; found at:
http://www.netreach.net/~kaufman/Duke.1933.html
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September 11, 1995
SENATOR DUKE
(719) 481-9289
By Senator Charles R. Duke
Colorado District 9
THE DAY OUR CONSTITUTION WAS STOLEN
In this column, several references have been made to the
Emergency Banking and Relief Act of 1933. Those who read this column
now know that Republicans in both California and Texas have taken
steps to have this law repealed. Dr. Eugene Schroder of the American
Agricultural Movement has alleged that this may be considered to be
the genesis of the loss of our Constitutional rights.
Could it be there is one law responsible for all subsequent laws
that trample our Constitutional rights? What was it about this law
that many believe declared the American people to be enemies of the
government? President Herbert Hoover (in the final days of his term)
had refused to implement this law, which was based on a recommendation
from the Federal Reserve. Why, then, did succeeding President
Franklin Delano Roosevelt so warmly embrace this unconstitutional law?
Why did FDR find it necessary to declare a national emergency, the
effect of which was to suspend our Constitution, a suspension that
exists to this day?
On October 6, 1917, the Congress had passed the Trading with the
Enemy Act, dealing with how the government may control the activities
of those considered to be enemies or allies of enemies of our
government. Prior to 1933, Paragraph 5(b) of that Act read, "That the
President may investigate, regulate or prohibit, under such rules as
he may prescribe by means of foreign exchange, export or earmarkings
of gold or silver coin or bullion or currency, transfers of credit in
any form (other than credits relating to transactions to be executed
wholly within the United States)..."
Since 1917, then, the President had the power to seize or block
financial transactions of those considered to be our enemy. It is
also very clear that, in 1917, the Congress wanted to exclude the
American people from the oppression of such powers. The bill was,
after all, supposed to define our government's posture in dealing with
our enemies or allies of our enemies.
The Emergency Banking and Relief Act, passed by Congress in
special session on March 9, 1933, modifies paragraph 5(b) of the
Trading with the Enemy Act just discussed. The modified paragraph
reads, "Section 2. Subdivision (b) of section 5 of the Act of October
6, 1917 (40 Stat. L. 411), as amended, is hereby amended to read as
follows: (b) During time of war or during any other period of national
emergency declared by the President, the President may, through any
agency that he may designate, or otherwise, investigate, regulate, or
prohibit, under such rules and regulations as he may prescribe, by
means of licenses or otherwise, any transactions in foreign exchange,
transfers of credit between or payments by banking institutions as
defined by the President, and export, hoarding, melting or earmarking
of gold or silver coin or bullion or currency, by any person within
the United States or any place subject to the jurisdiction thereof;
and the President may require any person engaged in any transaction
referred to in this subdivision to furnish under oath, complete
production of any books of account, contracts, letters or other
papers, in connection therewith in the custody or control of such
person, either before or after such transaction is completed. Whoever
willfully violates any of the provisions of the subdivision of any
license, order, rule or regulation issued thereunder, shall, upon
conviction, be fined not more than $10,000..."
This Act granted to the President broad sweeping investigative
and prosecutorial powers against anyone, including the American
people, found by the President to be an enemy. By removing the former
"...transactions to be executed wholly within the United States..."
the Congress was effectively putting the American people in the same
category as our nation's enemies, and gave the President essentially
dictatorial powers.
This Act was, of course, unconstitutional. Historians tell us
FDR stacked the U.S. Supreme Court with judges who would vow to
continue his dictatorial powers. Those powers have been assumed by
all Presidents since FDR, including the one presently in the White
House. Small wonder, then, that none have adhered to a strict
upholding of our Constitution, despite swearing an oath before God to
do so. The dictatorship would end, the Federal Reserve's stranglehold
on our government would end, and our Constitutional Republic would be
restored.
Later in 1933, Colorado's Governor Ed Johnson radically
transformed Colorado state government, creating all the departments to
handle such "licensing" privilege assumed by the President. That is
the year a licensing authority was assumed by state governments to
regulate marriages, driving, hunting, automobiles, and trade.
Preliminary research indicates many other states were being
transformed, as well. The governors, you see, had agreed to this
unconstitutional assault a few days before March 9, 1933.
There are many subsequent laws to further reinforce and verify
Dr. Schroder's contention. For those who wish to know more, you may
contact him directly at P.O. Box 89, Campo, CO 81029, (719) 787-9958.
He has, in this author's opinion, accurately documented the beginning
of the assault by your government on our Constitution. He has a
number of books that will explain matters in any detail you would care
to explore.
The solution to this exploitation of the American people is
solely within the hands of the President. By simply issuing an
Executive Order to end the state of emergency, our Constitution could
be returned as the Supreme Law of the Land. So far in 1995, no
Presidential candidate, except for Republican Charles Collins of
Georgia, has had the courage to tell the truth about our nation's real
troubles. Only a public demand of the highest magnitude will force
our Constitution to the front again.
END
Serving Freedom
and Liberty
