Constitution: Fact or Fiction
By: Dr. Gene Schroder
The Story of our Nation's Descent from a
Constitutional Republic through a Constitutional Dictatorship to
an Unconstitutional Dictatorship.
ABOUT THE AUTHOR:
Dr. Eugene Schroder, Colorado farmer, veterinarian, political
philosopher and activist, has appeared on talk shows nationwide.
As many of us are, he is concerned over his children's and
grandchildren's heritage in America.
"Dr. Schroder has uncovered the final piece
of the jigsaw puzzle that has eluded other very able
researchers. His expose' is not only a mind boggling
concept, but also a revelation of panoramic
proportions." - Dr. Jacques Jaikaran - Author
of Debt Virus, President of Global Monetary
Consultants, and Diplomat of American Board of
"Dr. Schroder's grasp of the Constitution and
the use of war and emergency powers to undermine it
is uncanny." - Larry Becraft, Constitutional
Attorney - Huntsville, Alabama
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Published 1995, First Edition
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The first five chapters of "Constitution: Fact or Fiction" have been
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Dedication to Laurie Schroder:
wife, mother, friend and fighter. . . in gratitude and
Our Constitution Has Been Suspended
Since March 9, 1933, the United States has been in a
state of declared NationalEmergency.
-Senate Report 93-549
When in the course of human events, ordinary citizens have
reason to fear their government, it's time to look seriously at
cause and cure.
Government officials are supposed to be instruments by which
we, the people, govern ourselves. Under a constitutional
government, the citizens are the ruling class. All other offices
are subservient to the citizens. How did citizens become the
subjects of government and government officials become the ruling
Government Has Achieved Ability to Rule by Decree
The US Constitution was basically the shackles placed on the
federal government by a sovereign people. The people possessed
God-given rights. These rights were only secured by the
constitution. All rights not specifically granted to the
government were reserved for the people.
This country started out as a constitutional republic, that
is, a union of sovereign nation states. The federal government
was to be an agent of the states.
As a safeguard, the constitution provides that during times
of rebellion or invasion, the president may assume all powers.
These emergency powers should end after the crisis. President
Lincoln assumed all powers during the Civil War. Since he was
dealing with a rebellion, we may say that he established a
Since then, however, the definition of
"emergencies" requiring total control has been
stretched to include economic problems, social imbalances, and
perceived threats to the US by a foreign country's actions on
another continent. When authoritarian control is exerted during
times other than rebellion or enemy invasion, it is an
unconstitutional dictatorship. The federal government has
overstepped the bounds placed on it by the constitution.
Through the insidious, yet steady encroachment of
"emergency powers," the government has now achieved the
ability to rule the people by statute or decree, without the vote
or consent of the ruled. Through a maze of political maneuvers,
the emergency powers granted to President Franklin D. Roosevelt
in 1933 to deal with an economic depression have become part of
the US Code as permanent everyday powers. America has continued
under the "unconstitutional dictatorship" of war and
emergency powers to this day, more than 60 years later.
Emergency Rule Means Government Owns All Rights
In reality, under this "unconstitutional
dictatorship," the roles have been reversed. We have no
rights except those the government grants us. Under our
constitutional government, we the people had all rights except
those specifically granted to the government.
We have lost our constitutional rights. How did it happen?
What does it mean? What can we do about it? Increasingly, US
citizens are unwilling to be the pawns of arbitrary and
capricious decrees. We have both the right and duty to reclaim
The government today, with its inflated bureaucracy,
political posturing, and ineffectual programs, would be a
laughingstock if it weren't for the sinister side - arbitrary
seizure of property without proven cause by many government
agencies, federally mandated but unfunded programs that choke the
states' right to rule themselves, an unsound money system, and a
de facto economic depression for the last 10 years. Add a growing
separation between "haves" and "have nots"
and we have a powder keg on a short fuse.
Government has grown so big, so unreachable, that the
ordinary citizen feels helpless to influence it. Government by
the people? Even those with clout and political savvy, such as
state governors, seem unable to sway D.C.
Government acts like a tyrant gone rampant, wilfully imposing
its policies on citizens, protecting its image, and covering up
its mistakes. Fear sets in when we realize that the government
can play kickball with our lives - and there is no one to stop
it. Today, with our constitutional rights effectively suspended,
we are at the mercy of the giant.
Hitler used Germany's emergency powers clause (Article 48) to
perpetrate his atrocities. Granted, no US president has even
approached Hitler's dictatorship, but he has the power to do so.
The difference is the degree of benevolence with which the US
government has ruled and with which Hitler ruled.
The US constitution provides for the president to be granted
emergency powers in times of war or enemy attack. The fatal flaw
in the constitution, however, is that once the president has
these powers, he himself must give them up. Eleven presidents,
both Democrat and Republican, have failed to reinstate the
constitution and give up these emergency powers. Today we see the
president and entrenched bureaucracy passing rules through the
executive branch's many agencies without challenge from the other
two branches of government - the congress and the judiciary.
We Have Been Under Emergency Rule for 61 Years
Senate Report 93-549, written in 1973, said "Since March
9, 1933, the United States has been in a state of declared
national emergency." It goes on to say:
"A majority of the people of the United States have
lived all their lives under emergency rule. For 40 years,
freedoms and governmental procedures guaranteed by the
constitution have, in varying degrees, been abridged by laws
brought into force by states of National emergency. In the United
States, actions taken by government in times of great crisis
have... in important ways shaped the present phenomenon of a
permanent state of National emergency."...
"These proclamations give force to 470 provisions of
federal law. These hundreds of statutesdelegate to the President
extraordinary powers, ordinarily exercised by Congress, which
affect the lives of American citizens in a host of
all-encompassing manners. This vast range of powers, taken
together, confer enough authority to rule this country without
reference to normal constitutional process.
"Under the powers delegated by these statutes, the
President may: seize property, organize and control the means of
production; seize commodities; assign military forces abroad;
institute martial law; seize and control all transportation and
communication; regulate the operation of private enterprise;
restrict travel; and, in a plethora of particular ways, control
the lives of all American citizens."
Today most of the people living in the US have not been
taught the constitution, have never enjoyed the constitutional
rights for which our forefathers fought a revolutionary war, and
know that something is terribly wrong with our government yet
have no idea what to do about it.
Knowledge is power. Once the American people understand what
has happened, they will demand just and reasonable action. It was
said of the Revolutionary War against Great Britain in 1776 that
the real revolution occurred in the hearts and minds of the
American people before a shot was fired. God grant that we may
have a revolution in the hearts and minds of the American people
without a shot being fired.
What the Government Can Do When the Constitution is Suspended
It is not the function of the government to keep the
citizen from falling into error; it is the function of the
citizen to keep the government from falling into error.
-US Supreme Court
Good People Get into Trouble
You probably think that if you lead a straight life and obey
the rules, you aren't going to get into trouble, right? Wrong.
Consider these examples:
Diane, a soft-spoken school teacher, was called to serve on
the grand jury. She was asked to fill out a lengthy form
disclosing everything about herself, including how much money she
made, how much her house was worth, what kind of car she drove,
etc. She would not answer the questions because she thought this
was an invasion of privacy and she didn't see how it affected her
right to serve on a jury. The judge had her arrested for contempt
of court and jailed.
Linda, a young mother, was getting ready to go to work one
morning when a Child Protective Service worker showed up on her
doorstep. She insisted on coming in, inspecting the house and
four-year-old Johnny, and looking for signs of child abuse. Linda
showed up at work in tears two hours later, but it wasn't over.
She received a call at work asking both her and her husband to
come in for an interview. More grilling. Files were made on the
parents. The young couple had to supply references, and the child
protective service worker called these people asking if they had
seen any signs of child abuse. The visits and interviews
continued for six months. The reason for all this? Someone called
in a "tip." The agency refused to tell the young couple
who called, but it didn't take them long to figure out it was a
former friend who held a grudge.
Janette and Bob were selling a house and buying another one.
In the packet of forms for the closing was a report that a woman
with the same first and last names, but a different middle name
and a different social security number, had declared bankruptcy
six years previously. Janette had to prove that she wasn't that
person, including getting forms notarized, which required going
to three different bureaucracies. Janette's realtor told her that
since November, 1993, buyers' names are run through a computer,
which sometimes comes up with 25 or so similar names. The buyer
has to prove he is none of those people.
Don got a notice in the mail from his bank that his account
had been attached by the IRS. No notice, no warning, no reason,
no appeal. Bob owned a piece of land some distance from his home.
When he visited it, he found that it had been confiscated by the
government because they had found illegal drug activity on it. He
had to prove he was not involved and had no knowledge of it
before he could have his land back.
Government Agents May Knock Down Our Doors
A crippled old black man was in bed asleep one night when a
drug squad burst in and sprayed him with bullets. They claimed he
was resisting arrest. The squad had a tip that a young man who
sometimes visited the elderly gentleman was into drugs, but the
young man didn't live there and in fact, wasn't there that night.
The slain man's son, a well-known sports figure, demonstrated on
TV how crippled his father was and how he would have had to go
through a series of slow and painful maneuvers to even sit up on
the side of the bed.
The Bureau of Alcohol, Tobacco and Firearms fiasco in Waco,
Texas was played out on national TV. What isn't widely known is
that the original warrants were for a total of $400 for two guns
suspected of not having had the excise tax paid on them. This
justified attacking a private residence with a riot squad, laying
siege to the compound for two months at a cost of over a million
dollars a day to taxpayers, imprisoning and torturing men, women
and children for over two months without benefit of charges being
filed or a trial being held, and in the end the deaths of 86
people plus four ATF troopers. Incidentally, the survivors were
acquitted by a jury of charges of conspiracy to commit murder.
Senseless Rules Waste Our Time
A young couple wanted to pull their trailer from Virginia to
Texas, but the trailer was unlicensed. He called his mom in Texas
to buy him a trailer license. Mom called the licensing office in
the county in which the son lived and told them what she needed,
inquired about their hours and explained that she was 60 miles
away. When she arrived, they refused to issue a license on the
trailer because she did not have proof that the car which would
pull the trailer had insurance. Her explanations that the car was
in Virginia fell on deaf ears. So too did her question as to why
they didn't tell her that before she drove 120 miles round trip.
She went back home and called the local county agency and they
told her just to bring in any proof of insurance on any car.
Makes a lot of sense, doesn't it?
Guilty Until We Prove Ourselves Innocent
If you are found with more than $10,000 cash on your person,
it can be confiscated. You must prove how you earned it and that
it is legally yours.
If you deposit or withdraw $10,000 or more from your bank
account, the bank is required by law to report it to the IRS.
If you get in trouble with one agency, another agency often
investigates you (usually the IRS).
These are just a few everyday examples of real people and
their small and large troubles with government agencies.
Examples Are Common in Everyday Life
These situations are so common that you can easily find other
examples in the problems of your family and friends.
Some Acts Are Inherently Wrong;
Others Are Just Against the Rules
We are not saying there should be no punishment for crimes.
Some acts are inherently wrong - murder, rape, kidnapping, arson,
etc. But some acts are "crimes" only because some
legislative body or bureaucrat has made a law that says it is.
Another agency may even have a conflicting rule. These
"crimes" change regularly depending on who is in power.
Legal terminology makes the distinction between malum se - evil
in itself, versus malum prohibitum - a crime because someone has
made a law against it.
The story of Daniel in the Bible illustrates this point.
Daniel was accustomed to praying every day from his window. The
ruler made it against the law for anyone to pray. Daniel
continued to do so. He was seized and thrown into the lion's den
because he broke the law.
In our case, our liberties have been taken from us and are
being sold back to us in the form of licenses.
A person doesn't stop knowing how to drive if he misplaces
his drivers license. A merchant doesn't lose his ability to run a
business if he has no commercial license. A farmer doesn't stop
being a steward of the land if he doesn't get a pesticide
Restricted Liberties Have Not Bought Safety
Even though many of our liberties have been taken, the system
still isn't working. The streets are not safe, drugs and violence
are rampant in schools, young couples can't make a living for
their families, many elderly are starving and neglected, and
millions of Americans can't afford health care. Restricted
liberty did not buy us safety and well-being.
What Can't the Government Do to Us?
What can government agencies do to us if they suspect us of
not following their arbitrary edicts that may change tomorrow?
Anything they wish. They can and do:
- Rob our time and productivity with senseless rules
- Invade our privacy.
- Take our money and property.
- Throw us in jail.
- Take our children from us.
- Ruin our reputation.
- Kill us.
We Have No Recourse
Do we have any recourse? Not really. Most people don't have
the time and money to fight. Our only hope is big media attention
and public outcry. Few have the ear of the media. We are alone
when we are pitted against the various government agencies with
their awesome and arbitrary power.
Why the Revolutionary War Was Fought
Since the close of the last war, the British
Parliament, claiming the power of right to bind the people of
America by statute in all cases whatsoever ... -
Declaration of Rights, 1774
England Looked on Colonies as Property
The colonists were in a new land fending for themselves. They
either learned self-reliance and responsibility or they didn't
England gave them no help to speak of. To England, America
was a group of trading companies whose purpose was to further
Great Britain's dominion over the world. King George regarded
England as the owner of the colonies and the colonists, and
exploited as he pleased.
Colonies Had No Sound Money System
The colonies had no official money. They were greatly hampered
in trade by the many different types of trade "coin."
They used furs, tobacco, wampum (mussel shells made into beads),
French louis, English guineas, German thalers, Dutch ducats,
Spanish doubloons, and the Spanish milled dollar, or piece of
England ignored the needs of the colonies and made no effort
to provide gold or silver coin or small change currency.
The Massachusetts Bay Company started minting coins in Boston
in 1652. Other colonies and individuals tried minting projects
but generally failed. The new land still did not have a standard
England Levies Taxes on Colonists to Finance War
The British got into a war with Spain. They needed more and
more wealth to pay for it. They took more and more from the
The British levied taxes on tea and tobacco and stamps to
raise money for the war. They made arbitrary rules and expected
the colonists to obey. The rules could change at any time.
The colonists began to complain of "taxation without
England Uses Force
The British tightened the rules. They put on shows of force.
They attacked villagers, burned towns, and plundered the coasts
and seas. The final blow was when the colonists learned large
numbers of foreign mercenaries were sailing toward the new world
in order to subdue the colonists.
Colonists Declare Independence
Representatives of the people met in Philadelphia in 1776 to
decide what to do. After long and bitter debate and soul
searching, these men asked Thomas Jefferson to draft the
Declaration of Independence to tell the world why the colonists
were cutting their ties with Great Britain.
Let's look at some excerpts. The second paragraph says:
"We hold these truths to be self-evident, that all men
are created equal; that they are endowed by their Creator with
certain unalienable rights; that among these are life, liberty,
and the pursuit of happiness. That to secure these rights,
governments are instituted among men, deriving their just powers
from the consent of the governed; that whenever any form of
government becomes destructive of these ends, it is the right of
the people to alter or to abolish it, and to institute new
government, laying its foundation on such principles, and
organizing its powers in such form, as to them shall seem most
likely to effect their safety and happiness..."
It goes on to say this step is not taken lightly, that the
colonists have been very patient.
Complaints Against King George
It begins to set forth the complaints against King George.
Several complaints deal with his refusal to make fair laws, to
make needed laws, to allow representation by the colonists, and
his dissolving bodies of representatives repeatedly when they
disagreed with him.
Then we come to these complaints: "He has made judges
dependent on his will alone, for the tenure of their offices, and
the amount and payment of their salaries.
"He has erected a multitude of new offices, and sent
hither swarms of officers to harass our people, and to eat out
"He has kept among us, in times of peace, standing
armies, without the consent of our legislatures. "He has
affected to render the military independent of, and superior to,
the civil power.
"He has combined with others to subject us to a
jurisdiction foreign to our Constitution, and unacknowledged by
our laws, giving his assent to their acts of pretended
"For quartering large bodies of armed troops among
We have some of these situations today.
The ending words:
"And for the support of this declaration, with a firm
reliance on the protection of Divine Providence, we mutually
pledge to each other our lives, our fortune, and our sacred
honor." With the signing came seven long years of bloodshed
Rights the Constitution Guaranteed Us
The powers not delegated to the United States by the
constitution, nor prohibited by it to the states, are
reserved to the states respectively, or to the people. -
United States Constitution
When the colonists declared themselves independent, they had
already begun to think of themselves as a new people, as
After they defeated the British, they were determined never
again to be the subjects of tyrants and despotism, either from
without or within.
They began to hammer out the philosophy of the United States.
First they formed into a loose confederation of states. One
problem was that the individual states could easily ignore the
confederation, and there was nothing to prevent one state
declaring war on another, as was common in Europe.
States Rights Versus Federal Supremacy
Out of this grew a great debate between the Federalists and
the Anti Federalists.
The Federalists felt that a stronger union was needed to
ensure domestic peace, represent the new country abroad, protect
the country, and strengthen the growing nation.
The Anti Federalists feared a strong central government would
put them back into a situation like the one they had fought to
overthrow for seven years.
Eventually a consensus was reached. The Constitution of the
United States was drafted. Its great purpose was to preserve
peace on this continent and ensure liberty. Americans became
citizens of both their states and the new nation. Because of this
dual citizenship, the American Constitution formed a federal
(It was a republic because not everyone could vote. Only free
white males could vote. The country did not become a democracy
until the constitution was amended to allow everyone the right to
vote, including African-Americans, Indians, and women.) Coming
out of oppression and despotism, the founding fathers tried to
craft a constitution that would ensure equality, opportunity and
justice for all, for all time.
They spelled out the rights of the people and said that all
rights not specifically given to the federal government or the
states were reserved for the people.
Human Beings Have Inalienable Rights
The Constitution clearly stated that all human beings have
certain inalienable rights just because they belong to the human
species. Among these inalienable human rights are the right to
life, liberty, and the pursuit of happiness. The Constitution
sought to form a government with the consent of the governed, one
that would ensure domestic tranquillity, a common national
defense, and promote the general welfare and secure the blessings
of liberty for everyone.
Individual rights were reinforced with the "bill of
rights" (the first ten amendments), and other amendments
later on. (The complete Constitution may be found in the
Let`s look at the rights guaranteed by the Constitution. At
the same time, let's think about whether these <$irights;constitutional vs. reality>rights
are real for us today, or whether they exist on paper only.
Article One - Freedom of Speech, Religion, Press
Congress shall make no law respecting the establishment of
religion, or prohibiting the free exercise thereof, or abridging
the freedom of speech, or of the press; or of the right of the
people peaceably to assemble, and to petition the Government for
a redress of grievances.
Article Two - Right to Bear Arms
A well-regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms shall
not be infringed.
Article Three - No Soldiers Quartered in Peacetime
No soldier shall, in time of peace, be quartered in any house,
without the consent of the owner, nor in time of war but in a
manner to be prescribed by law.
Article Four- No Unlawful Search and Seizure
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons
or things to be seized.
Article Five - Grand Jury Indictment Required
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a grand
jury, except in cases arising in the land or naval forces, or in
the militia, when in actual service in time of war or public
danger; nor shall any person be subject for the same offense to
be twice put in jeopardy of life or limb; nor shall be compelled
in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of
law; nor shall <$iprivate property;not to be taken for public use>private
property be taken for public use, without just compensation.
Article Six - Right to Speedy Trial
In all criminal prosecutions the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the state
and district wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the
assistance of counsel for his defense.
Article Seven - Right to Trial by Jury
In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury shall be otherwise
re-examined in any court of the United States, than according to
the rules of common law.
Article Eight - No Excessive Bail or Punishment
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments be inflicted.
Article Nine - People Retain Rights Not Assigned
The enumeration in the Constitution of certain rights shall
not be construed to deny or disparage others retained by the
Article Ten - All Other Rights Go to State or People
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved to
the states respectively, or to the people.
Other Rights Assured the People
In addition, slavery was abolished by Article 13. Article 14
made citizens of all persons born or naturalized in the United
States and forbade any state to abridge the privileges and
immunities of citizenship.
The15th Amendment said the right to vote shall not be denied
by the United States or any state on account of <$irace;and right to vote>race,
color, or previous condition of servitude.
The 24th outlawed poll taxes. The 19th Amendment gave women
the right to vote. The 26th Amendment lowered the voting age to
With this collection of amendments, the right to vote was
finally given to all adults.
Thus the founding fathers laid out our rights clearly and
plainly in common language after much debate and soul-searching.
What We Have Lost
A majority of the people of the United States have
lived all their lives under emergency rule. - Senate
We Have Lost Our Constitutional Rights
Today we are presumed guilty until we prove ourselves
innocent. Today we have Big Brother watching us, invading our
privacy, gathering information and controlling our lives. We have
all but lost our right to keep and bear arms.
We are not secure in our persons, houses, papers and effects
against unreasonable searches and seizures. We are subjected to
electronic snooping, wiretapping, and <$idrug raids>drug raiders
kicking down our door at any time. Wrong door? Sorry.
We are subject to confiscation of property and bank accounts
at any time by various government agencies.
We are subject to Child Protective Services invading our
homes to make us prove we don't abuse our children.
We are held to answer for "crimes" without benefit
of charges being filed or a trial being held.
The news is full of people being tried twice for the same
crime, in criminal court and in civil court, or on criminal
charges, then on federal charges.
We do not enjoy speedy trials. Several years may lapse before
a case is tried. We are not allowed trial by jury in civil cases
unless we file a petition and pay for it in advance. Most civil
cases are not heard by juries.
Bail and fines are excessive if the accused has no hopes of
meeting them, and that is often the case. The amount of time and
money it takes to appeal a government agency confiscation or
ruling is prohibitive to the common working man or woman. Cruel
and unusual punishment? The world saw what happened at Waco.
Texas. This was cruel and unusual punishment without benefit of
charges, trial or conviction.
The Constitution says all legislative powers herein granted
shall be vested in the congress. Where does it mention the
Federal Register, a device by which a proposed law can be
published by a government agency or bureau-cracy, a certain time
allowed for public comment, and then the law cemented without
regard for what the comment was? Hundreds of proposed rules and
regulations are published here each week. Most people have never
heard of the Federal Register.
The president can also make law by executive orders and
Congress was given the power to coin money and to regulate
the value thereof. So why does the Federal Reserve do this today?
Congress was given the power to declare war. So why does the
president order invasions without counsel of the congress?
Congress was given the right to call forth the militia to
suppress insurrections and repel invasions. So why does the
president declare martial law and use federal troops inside the
US? Why does the president maintain a standing army among us?
The Constitution says "No capitation or other direct tax
shall be laid, unless in proportion to the census or enumeration
herein before directed to be taken." The amendment
establishing the income tax was passed when few congressmen were
present, and many say illegally.
The Constitution says "The privilege of the writ of
habeas corpus shall not be suspended, unless in cases of invasion
or rebellion the public safety may require it." This means
that a person should be brought before the court and charged with
the alleged crime. This clause means it is illegal to hold
someone without charging them with a crime.
"No bill of attainder or ex post facto law shall be
passed." What do you call a retroactive income tax
"No state shall make anything but gold and silver coin a
tender in payment of debts ..." So why was gold coin illegal
for many years? Why aren`t Federal Reserve bank notes backed by
gold or silver?
Under the duties of the judicial branch, Article Three, it
says "The trial of all crimes, except in cases of
impeachment, shall be by jury;..." So why are we not
automatically given a trial by jury?
The constitution says the people shall have the right to keep
and bear arms. Now laws are being passed to abridge that right.
Article Six says "The Constitution and the laws of the
United States which shall be made in pursuance thereof ... shall
be the supreme law of the land; and the judges in every state
shall be bound thereby ...". So why can we not use the
constitution in court as defense against violation of our rights?
The answer to all these questions is that the federal
government has used and abused the constitution's war and
emergency powers clause so that for over 60 years our
constitution has been suspended.
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Created 3/14/95 by
American Freedom Communications
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