Posted on 03/19/2012 5:35:58 AM PDT by Mikey_1962
President Barack Obama issued an Executive Order on March 16 giving the White House absolute control over all the country’s natural resources in case of a natural disaster or during a time of war.
In the order, the National Defense Resources Preparedness Order, the President granted to himself the authority to approve the dispensing of all domestic energy, production, transportation, food, and water supplies as he deems necessary to protect national security.
Despite the national defense hurdle that ostensibly must be jumped in order for the order to take effect, the text of the document itself does not limit implementation to a time of war. In fact, the specific sections of the order make it clear that the President can take complete command and control of the country’s natural resources in peacetime, as well.
In fact, the President can invoke the powers of this order to “meet national defense requirements” in “the full spectrum of emergencies.” The relevant sections read:
Section 101. Purpose. This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the "Act").
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.
Sec. 103. General Functions. Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs, shall:
(a) identify requirements for the full spectrum of emergencies, including essential military and civilian demand;
(b) assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;
The underlying legal authority for the execution of such a radical order is found in the Defense Production Act of 1950, the President claims. That law combined with the rights vested in him as Commander in Chief of the U.S. Armed Forces supposedly empowers the President to endow himself with these expansive powers.
Just how expansive are the claimed powers and what resources are included in their scope? Livestock? Yes. All food “resources” and “resource facilities?” Yes. Veterinary clinics? Yes. All forms of energy? Yes. Will the President control the water supply? Yes.
Read on:
Sec. 201. Priorities and Allocations Authorities. (a) The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, 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:
(1) 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 fertilizer;
(2) the Secretary of Energy with respect to all forms of energy;
(3) the Secretary of Health and Human Services with respect to health resources;
(4) the Secretary of Transportation with respect to all forms of civil transportation;
(5) the Secretary of Defense with respect to water resources; and
(6) the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.
(b) The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions. Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order.
(c) Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, as defined by section 801(l) of this order, in a time frame consistent with the urgency of the need at hand. In situations where there are competing program requirements for limited resources, the resource department shall consult with the Secretary who made the required determination under section 202 of this order. Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency. In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency.
(d) If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.
(e) The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b). This finding shall be submitted for the President's approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market.
That’s right. The last line of the quoted material gives the President of the United Staes the power to “control the general distribution of any material (including services) in the civilian market.” This seems to be no less than the nationalization of all food, energy, water, and healthcare pipelines and providers in the country. And to help him keep tabs on all this responsibility, he assigns a cabinet member to each category of control.
Presidents have issued similar orders in the name of national defense. For example, during the Civil War, President Abraham Lincoln famously (infamously) suspended habeas corpus and the rights to an impartial trial as protected by the Sixth Amendment.
Then, during World War I, President Woodrow Wilson, frustrated with Congress’s reluctance to grant him a full panoply of power over natural resources, invoked the powers given him under an executive order to assume absolute and unilateral authority over the same range of resources as are included in President Obama’s latest fiat.
As any student of history can testify, when government begins to interfere with the free flow of goods and commodities (especially life-giving resources such as food and water), then it may manipulate the availability of these items, as well as the prices thereof. Typically, such fluctuations result in civil disturbances and a demand for greater security from those unwilling to abide by the new “laws.” And, in exchange for greater security, those clamoring for it are often willing to give up their fundamental freedoms.
The White House has issued no statement regarding the purpose for the signing of this Executive Order. There is no accompanying explanation of why this power should be placed before the President at this time — or at any time for that matter. Is it in place to prepare for expansion of the hostilities in the Middle East, or is it something to do with his vaunted algae initiative?
Perhaps the President is taking the first few steps necessary to cloak himself in the powers required to "legally" (albeit unconstitutionally) step outside the boundaries of his constitutional authority and ascend to a level of supervision witnessed in all the former republics of history just before their devolution into mobocracy and mayhem.
I am also anxious to see if this was a new inclusion. It’s obvious that concern over how radical Obama really is...is beginning to be noticed by the general public. I believe that he will strive to do as much damage to this nation as is possible in his last year in office.
Thank you. You’ve backed my level of alarm back one notch.
seems to me 0bambi will use the next big one (assisted by an EMP pulse) to take over
Take a look at this, at least. I’m a little less freaked out.
If this is decree meaningless, why did 0 bother to issue it?
My point was that the text of the decree is scary enough. But the need to issue it is what is truly scary. Meaning that the reason to do this is to allow all the functionaries to get busy implementing it. Which is even *more* scary.
The reason for executive orders is to provide a basis for the executive branch to draft “regulations” or “administrative law” to implement these laws. There are probably functionaries implementing these regs as we speak. And THAT is what is truly scary.
PART VIII - GENERAL PROVISIONS
Sec. 801. Definitions. In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, the following definitions apply throughout this order:
(a) “Civil transportation” includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. “Civil transportation” also shall include direction, control, and coordination of civil transportation capacity REGARDLESS OF OWNERSHIP.”
The last phrase is critical, regardless of who else may have issued this.
Can Congress do anything to nullify these executive orders??
The president granted authority to himself.....where does he gets the authority to give himself authority?
Where are the republicans?
Where are the media ASKING “Where are you, republicans?” Rush? Hannity? Anybody?
have the Feds knock on your door demanding the food.
I'll serve them lead appetizer while they're waiting.
Well according to a column in Flopping Aces, we is all just hysterical. This is nothing more than ‘updating’ an old order from 1950.
Absolutely nothing to all this ... nothing what-so-ever. The marxist is simply conducting the ‘people’s business’.
Only the press that’s not on his side. We don’t have that here.
Witness there is no difference in verbiage. I will at some point, compare the 1994 order to 2012's in entirity, to see where differences lie. I have to admit, my level of alarm is quickly plummetting.
Sec. 102. Policy. The United States must have an industrial and technology base capable of meeting national defense requirements, and capable of contributing to the technological superiority of its 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 all threats to the national security of the United States.
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.
Also, it appears, according to the HotAir analysis, that the powers granted are for policy creation only, not for actual seizure and nationalization. I will next, confirm HotAir's article.
“I’m confident that the GOP led House will revoke this Executive Order”
You forgot to put (sarc) after that last statement. Someone might think you are serious. LOL!!
For example, he could declare the price of fuel to be a national emergency then simply seize the oil and gas being produced on private land from the land/mineral owners for the govt.
Once seized by the govt., the oil and gas producers wouldn't have to pay the mineral owners royalties for the oil and gas produced from their land. Not having to pay the land owners royalties for the oil and gas produced or pay a bonus for the lease itself would reduce the cost of production quite a bit and bring down the cost of fuel.
The progressives seem to have miscalculated in their choice of Obama as henchman. The subtle leftward march was moving along at a steady pace since FDR (enabled not just by leftists, but by "compassionate conservatives"). Obama is a polarizing figure, and has attracted unwanted attention to the progressive movement as a whole.
What does that mean? Hiding EO’s from having EO’s to be found easily; sneaking them past us?
“They will give us all 600 calories of food a day like they do in North Korea. Then we will be able to march in parades honoring our Dear Leader.”
Michelle Obama would likely be pleased with this - no more obesity.
“Bush signed off on an executive order that was essentially identical to this one.”
“...essentially identical...” makes me worry about the devil that might be in the details.
Rut R’oh on the details.
Many of us weren’t happy about that one either.
And this one goes farther.
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