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SUSPENDED Constitution = Fact OR Fiction

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SUSPENDED Constitution = Fact OR Fiction

PostAuthor: Terry Franks » Fri Dec 16, 2016 7:57 pm

"Before any QUESTION can or should be asked - perhaps this is the first place to start -;

"America's Founding Documents
These three documents, known collectively as the Charters of Freedom, have secured the rights of the American people for more than two and a quarter centuries and are considered instrumental to its founding and philosophy of the United States"
See = https://www.archives.gov/founding-docs

"The Constitution is the supreme law of the land in the United States
See = https://www.whitehouse.gov/1600/constitution

"The Constitution of the United States of America (see explanation)
See = https://www.law.cornell.edu/constitution/overview

"QUESTION = Has The US Constitution Been Invalid Since 1933 ??

“We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the of blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America"

"the Constitution was nullified on March 9, 1933, when President Franklin D Roosevelt declared a national emergency

"A few days earlier, FDR had asked Congress for:
”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.”
The emergency he was referring to was effectively a shortage of gold and Congress agreed to his wish by allowing him to declare a national emergency and effectively suspending the Constitution"

"According to = https://www.scam.com/showthread.php?156 ... Since-1933
"Under the emergency power rules, the president has an almost free hand to control the country, including the unconstitutional abilities to seize property, deploy military forces without congressional approval, bring in martial law, restrict travel and censor all communications. Until the president declares the national emergency over, the rules remain in force and the Constitution remains suspended. FDR never declared the emergency over. Neither did any of his successors, realizing that by living in a state of emergency their office had greater ability to govern.
In 1973, Senate Report 92549 stated:
“Since 1933 the United States has been in a state of declared national emergency. A majority of the people of the United States have lived all of their lives under emergency rule.”
Since FDR’s declaration, Presidents Truman, Nixon and George W Bush have all added further declarations that need to be annulled by a US president for the Constitution to have full effect again.
Author: David Southwell

There are surprisingly a large number of Documents that have alluded to this issue BUT now there are even more issues surfacing across the World about this issue.
From -;

"THE NEW AMERICAN -- February 5, 1996
"ARTICLE: Nation
TITLE: Is the Constitution Suspended?
AUTHOR: Thomas A. Burzynski
See = http://www.constitution.org/pub/nam6205a.htm


"Special report: America's perpetual state of emergency"
Thirty separate emergencies, in fact.
An emergency declared by President Jimmy Carter on the 10th day of the Iranian hostage crisis in 1979 remains in effect almost 35 years later.
A post-9/11 state of national emergency declared by President George W. Bush — and renewed six times by President Obama — forms the legal basis for much of the war on terror
See = http://www.usatoday.com/story/news/poli ... /16851775/

"PLUS This

"US Constitution does NOT apply because it was SUSPENDED. #GunControl #Obama #MartialLaw
See = https://www.youtube.com/watch?v=a3RowEebzps

Congressional Issues 2012
Has the Constitution Been Suspended ??
See = http://www.kevincraig.us/suspend.htm

"The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it"
See = https://en.wikipedia.org/wiki/Habeas_co ... ted_States

"The U.S. Constitution Is Impossible to Amend
See = http://www.slate.com/articles/news_and_ ... nders.html

"Article 1, Section 9 states, "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Habeas corpus is a concept of law, in which a person may not be held by the government without a valid reason for being held. A writ of habeas corpus can be issued by a court upon a government agency (such as a police force or the military). Such a writ compels the agency to produce the individual to the court, and to convince the court that the person is being reasonably held. The suspension of habeas corpus allows an agency to hold a person without a charge. Suspension of habeas corpus is often equated with martial law.

Because of this connection of the two concepts, it is often argued that only Congress can declare martial law, because Congress alone is granted the power to suspend the writ. The President, however, is commander-in-chief of the military, and it has been argued that the President can take it upon himself to declare martial law. In these times, Congress may decide not to act, effectively accepting martial law by failing to stop it; Congress may agree to the declaration, putting the official stamp of approval on the declaration; or it can reject the President's imposition of martial law, which could set up a power struggle between the Congress and the Executive that only the Judiciary would be able to resolve.

In the United States, there is precedent for martial law. Several times in the course of our history, martial law of varying degrees has been declared. The most obvious and often-cited example was when President Lincoln declared martial law during the Civil War. This instance provides us with most of the rules for martial law that we would use today, should the need arise"
See = http://www.usconstitution.net/consttop_mlaw.html
Further -;
"On September 15, 1863, Lincoln imposed Congressionally-authorized martial law. The authorizing act allowed the President to suspend habeas corpus throughout the entire United States. Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers. The President's proclamation was challenged in ex parte Milligan (71 US 2 [1866]). The Supreme Court ruled that Lincoln's imposition of martial law (by way of suspension of habeas corpus) was unconstitutional"

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Terry Franks
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