Executive Exigency

As we continue with reviewing some of the prophetic statements issued by President J. Reuben Clark regarding freedom in America, we need to pause for a moment and review how some of his warnings apply to our current national circumstances. Following are two video segments that everyone should watch. After watching and contemplating these clips, read on to see what President Clark had to say on the topic being addressed.





In an address given on October 7, 1943 President Clark delivered the following message:

"In violation of the fundamental concept of the Constitution that there are three mutually independent branches of government--the legislative, judicial, and executive--neither of which may usurp or have granted to it the power to intrude upon the functions of the other, we have seen grow up, under this destructive influence I have named, the theory and practice that the executive branch may in fact legislate. Many of the legislative-like enactments are dubbed 'directives,' a new and meaningless term in our constitutional government. Unless they are legal Executive Orders, they have no legal force. However sound such enactments may be under the principles and practices of the Civil Law-- with which the leadership of the communisitc publicists are familiar and in which they are probably trained-- they are outside our constitutional law and procedure. Behind them are no popular urges--indeed, they not infrequently fly in the face of the peoples desire; they are made without public notice or discussion, in violation of established law making procedure; they are not made by the representatives of the people with a responsibility runing back to the people. . .

"However, these "directives" involve more than the legislative usurpation. The units that frame them likewise enforce them, --thus becoming both legislature and executive. Furthermore, in cases of dispute, they not infrequently try, condemn, and pronounce judgment for violations, thus acting as a court in judging their own enactments; and finally, having made the law, and judged the law, and imposed the penalty, they act as sheriff to carry out the sentence. This combines all the elments of government into one. This is tyranny in its most complete form, however beneficent it may happen temporarily to be in fact. It was Thomas Jefferson who said: 'What has destroyed the liberty and rights of man in every government which has ever existed under the sun? The generalizing and consolidation of all cares in one body.' . . .

"Thus, and speaking in general terms, the Federal Government has reached down and touched the individual lives of the citizens in a multitude of matters which for a century and a half were held to be untouchable by the Government under those constitutional provisions which declared that the Federal Government is a government of delegated powers, and that unless powers are expressly given they are reserved by the people-- who grants the power-- either to themselves or to their State Governments. Any provervbial school boy knows that the exercise of the Federal Government of a power not delegated to it by the people, is plain usurpation; so also he knows that any exercise by one department of the Federal Government of any power not expressly granted to it is a usurpation, whether that pwer be not granted at all or whether the people have in their Constitution granted that power to another department of the Government. These are merest commonplaces in constitutional law, but they are basic principles which are suffering daily violations.

"Unless these usurpations are stopped, social, economic, and governmental chaos will come. There are those who believe that the destructive influences wish chaos because they believe that out of it they can most easily build their projected communistic state here in America."

Are we flirting with tyranny in America? It is hard to even imagine what our country could look like today if the executive orders outlined in the second video segment had not been rescinded by a subsequent president. In a world rife with real and contrived crises, one seeking to gain power could have used these orders to usher in a state identical to the soviet empire of the 20th century.

So, if President Obama does resort to executive orders to advance the elements of his agenda that he cannot pass through normal legislative channels, there is extreme danger on the horizon.

The Congress and the Judiciary need to get a handle on the unmitigated power grab that can legally be conducted by our chief executive, or they stand in great danger of being rendered impotent, and we stand in great danger of becoming subjects to a veritable monarch.

I believe we should make this, along with other executive tactics such as unconfirmed appointments of powerful bureaucrats (czars), a key issue int he upcoming congressional elections. Those we elect should be willing to preserve the separation powers, which is one of the fundamentals of our the American system of goverment.

Thanks,
Richard