THE EXECUTIVE ORDER: a Presidential Power not designated by the Constitution
Article I, Section 1 of the United States Constitution is concise in its language, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." When the Constitution was proposed, those opposed to a strong central government, the anti-Federalists, argued that there was no Bill of Rights to protect the people and that a centralized government would become too powerful, usurping the rights of the individual States.
At the time of its formation, the Constitution was created in secrecy and in direct contradiction to the mandate of the Congress, which was to amend the Articles of Confederation that were governing the infant nation since the end of the American revolution. Under the Articles of Confederation, the President of the United States was known as the President of the United States in Congress Assembled. The one-year Presidency was very limited in its scope, responsibility and authority. The Constitution, in contrast to the Articles of Confederation, established a strong four-year Presidency, but still only providing extremely limited powers to the office.
The greatest fear the founders of this nation had was the establishment of a strong central government and a strong political leader at the center of that government. They no longer wanted kings, potentates or czars, they wanted a loose association of States in which the power emanated from the States and not from the central government.
By Harry V. Martin with research assistance from David Caul
Copyright FreeAmerica and Harry V. Martin, 1995
EXECUTIVE ORDER 10990
allows the government to take over all modes of transportation and control of highways and seaports.
EXECUTIVE ORDER 10995
allows the government to seize and control the communication media.
EXECUTIVE ORDER 10997
allows the government to take over all electrical power, gas, petroleum, fuels and minerals.
EXECUTIVE ORDER 10998
allows the government to seize all means of transportation, including personal cars, trucks or vehicles of any kind and total control over all highways, seaports, and waterways.
EXECUTIVE ORDER 10999
allows the government to take over all food resources and farms.
EXECUTIVE ORDER 11000
allows the government to mobilize civilians into work brigades under government supervision.
EXECUTIVE ORDER 11001
allows the government to take over all health, education and welfare functions.
EXECUTIVE ORDER 11002
designates the Postmaster General to operate a national registration of all persons.
EXECUTIVE ORDER 11003
allows the government to take over all airports and aircraft, including commercial aircraft.
EXECUTIVE ORDER 11004
allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.
EXECUTIVE ORDER 11005
allows the government to take over railroads, inland waterways and public storage facilities.
EXECUTIVE ORDER 11051
specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.
EXECUTIVE ORDER 11310
grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.
EXECUTIVE ORDER 11049
assigns emergency preparedness function to federal departments and agencies, consolidating 21 operative Executive Orders issued over a fifteen year period.
EXECUTIVE ORDER 11921
allows the Federal Emergency Preparedness Agency to develop plans to establish control over the mechanisms of production and distribution, of energy sources, wages, salaries, credit and the flow of money in U.S. financial institution in any undefined national emergency. It also provides that when a state of emergency is declared by the President, Congress cannot review the action for six months. The Federal Emergency Management Agency has broad powers in every aspect of the nation. General Frank Salzedo, chief of FEMA’s Civil Security Division stated in a 1983 conference that he saw FEMA’s role as a “new frontier in the protection of individual and governmental leaders from assassination, and of civil and military installations from sabotage and/or attack, as well as prevention of dissident groups from gaining access to U.S. opinion, or a global audience in times of crisis.” FEMA’s powers were consolidated by President Carter to incorporate the…
National Security Act of 1947
allows for the strategic relocation of industries, services, government and other essential economic activities, and to rationalize the requirements for manpower, resources and production facilities.
1950 Defense Production Act
gives the President sweeping powers over all aspects of the economy.
Act of August 29, 1916
authorizes the Secretary of the Army, in time of war, to take possession of any transportation system for transporting troops, material, or any other purpose related to the emergency.
International Emergency Economic Powers Act
enables the President to seize the property of a foreign country or national. These powers were transferred to FEMA in a sweeping consolidation in 1979.
Thanks to: Peace, Freedom and Prosperity