President Obama Signed an Executive Order That Grants the President Power to Institute Martial Law- Fiction!
Summary of eRumor:
A new Executive Order signed by President Obama has sparked a frenzy from the Internet Community. Concerns are rising that it gives the President the authority to institute martial law.
The Truth:The National Defense Resources Preparedness Executive Order is real and was signed by President Obama on March 16, 2012. It updates the policies set down by an Executive Order that was signed on June 3, 1994 by President Bill Clinton. According to the text, the Executive Order “delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950.” It does not appear to institute martial law but speculators are raising doubts. The entire text of the Executive Order can be read on the White House website. Click for text.
There is a provision at of the end the Executive Order that may be interpreted as a clause that would prevent the Executive Branch, or any agency, from usurping the law:
Sec. 804. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The White House’s late-week release of an executive order has sent the online community into an uproar, worried that President Obama had secretly provided himself means to institute martial law in America.
In the common practice of dumping government documents on a Friday afternoon, just as the news cycle is wrapping up for the week – a move critics say allows the administration to avoid widespread coverage of embarrassing actions – the White House released an executive order on “National Defense Resources Preparedness.”
Filled with language about “government-owned equipment” and a “defense executive reserve,” among other vague statements, rumors began to spread that the executive order expanded the president’s power to do everything from seizing whole industries to drafting private armies.
A Canada Free Press article titled “Obama Executive Order: Peacetime Martial Law!” spread concerns of gasoline ration cards; while an Examiner article declared the order would “nationalize everything” and “allow for a civilian draft.” Facebook, email and Twitter were suddenly abuzz, and even the extremely popular Drudge Report posted a link to the White House release under the title “Martial Law? Obama Issues Executive Order.”
Screen shot of Drudge Report, “Martial Law” headline highlighted
But are the cries of martial law and expanding executive power justified?
No, says William A. Jacobson, associate clinical professor at Cornell Law School.
“If someone wants to make the argument that this is an expansion of presidential powers, then do so based on actual language,” warns Jacobson. “There is enough that Obama actually does wrong without creating claims which do not hold up to scrutiny.”
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As it turns out, Obama’s executive order is nearly identical to EO 12919, issued by President Clinton on June 7, 1994, which itself was an amendment to EO 10789, issued in 1958 by President Eisenhower, and which in fact, was later amended by EO 13286, issued in 2003 by George W. Bush.
Obama’s executive order specifically assigns “executive departments and agencies responsible for plans and programs related to national defense” to do five things:
“identify” requirements for emergencies;
“assess” the capability of the country’s industrial and technological base;
“be prepared” to ensure the availability of critical resources in time of national threat;
“improve the efficiency” of the industrial base to support national defense;
“foster cooperation” between commercial and defense sectors.
Later provisions in the order establish the protocol for government agencies to purchase equipment needed in times of national emergency and even make loans to ensure the availability of that equipment.
Despite the vague nature of the functions, none mention anything about martial law or seizing private property. The five functions are also identical to those identified in Clinton’s EO 12919.
So why did Obama issue the order at all?
A side-by-side analysis of Obama’s order compared to Clinton’s, conducted by Ed Morrissey of HotAir.com, reveals Obama’s order is essentially just an update to reflect changes in government agency structure.
“If one takes a look at EO 12919, the big change is in the cabinet itself,” Morrissey writes. “In 1994, we didn’t have a Department of Homeland Security, for instance, and some of these functions would naturally fall to DHS. In EO 12919, the FEMA director had those responsibilities, and the biggest change between the two is the removal of several references to FEMA (10 in all). Otherwise, there aren’t a lot of changes between the two EOs, which looks mainly like boilerplate.
“I’m not ruling out the possibility that this is more than it seems,” adds Jacobson, “but unless and until someone [demonstrates any expansion of powers in the order], I’ll consider this to be routine.”
“The timing of this release might have looked a little strange,” Morrissey concludes, “but this is really nothing to worry about at all.”
(Source: World Net Daily March 18, 2012 – http://www.wnd.com/2012/03/executive-order-panic-martial-law-in-america/ )
This is NOT good!! An excerpt from the article “The National Defense Resources Preparedness order gives the Executive Branch the power to control and allocate energy, production, transportation, food, and even water resources by decree under the auspices of national defense and national security. The order is not limited to wartime implementation, as one of the order’s functions includes the command and control of resources in peacetime determinations. Read the rest of the article and you will see in includes everything in the way of resources: food, water, businesses, gasoline. Anything they want to control they can now with this new Executive Order.
I don’t believe they left any stone unturned!! The Dictator is ruling by Executive Orders!!
Obama Executive Order: Peacetime Martial Law
Israpundit » Blog Archive » Obama Executive Order: Peacetime Martial Law.
This Executive Order was posted on the WhiteHouse.gov web site on Friday, March 16, 2012, under the name National Defense Resources Preparedness. In a nutshell, it’s the blueprint for Peacetime Martial Law and it gives the president the power to take just about anything deemed necessary for “National Defense”, whatever they decide that is. It’s peacetime, because as the title of the order says, it’s for “Preparedness”. A copy of the entire order follows the end of this story.
Under this order the heads of these cabinet level positions; Agriculture, Energy, Health and Human Services, Transportation, Defense and Commerce can take food, livestock, fertilizer, farm equipment, all forms of energy, water resources, all forms of civil transporation (meaning any vehicles, boats, planes), and any other materials, including construction materials from wherever they are available. This is probably why the government has been visiting farms with GPS devices, so they know exactly where to go when they turn this one on.
Specifically, the government is allowed to allocate materials, services, and facilities as deemed necessary or appropriate. They decide what necessary or appropriate means.
What happens if the government decides it needs all these things to be prepared, even if there is no war? You likely won’t be able to walk into a store to purchase virtually anything because it will all be requisitioned, “rationed” and controlled by the government. Construction materials, food like meat, butter and sugar, anything imported, parts, tires and fuel for vehicles, clothing, etc. will likely become unobtainable, or at least very scarce. How many things are even made here in the USA any more?
WWII era gas ration cards via Old Chester PA. You couldn’t go on vacation without a “vacation pass”.
Under this new Executive Order, cabinet heads are authorized to loan money, offer loan guarantees and even subsidize payments at above market rates (no bid contracts?) for whatever they need. This could make Solyndra or Halliburton look like Junior Achievement. Nothing like a war will generate these kinds of huge profits for the corporate “partners” and you can bet the bankers and contractors are already lining up for this one — because under this order no war is even required!
Here’s where you can find the Executive Order: http://www.whitehouse.gov/the-press-office/2012/03/16/executive-ord…