Tuesday, July 21, 2009

Executive Order 13489: It's Unconstitutional, as Are All Executive Orders

by Margie Laupheimer Earthhope Action Network



Some are suggesting that Obama is off the hook concerning his lack of an authentic birth certificate because he wrote Executive Order 13489. This is what I say.

There is nothing in the Constitution that gives the president the authority to write executive orders. Here is what the president is allowed to do. as written in Article II Sections 1. - 4. of the Constitution.

Read it and you'll see that the president has very few powers. Some of them are strong in themselves but the number of them is quite limited and writing laws is not one of them.

The very idea of a president being able to issue decrees for his own protection from the Constitution is a declaration, not only of guilt, but of dictatorship.


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An executive order makes decrees as if they were law but according to the Constitution only Congress has the power to write federal law.

Here is Executive Order 13489 Section 2.


Executive Order 13489 Section 2 Wrote:
Sec. 2. Notice of Intent to Disclose Presidential Records. (a) When the Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, using any guidelines provided by the incumbent and former Presidents, shall identify any specific materials, the disclosure of which he believes may raise a substantial question of executive privilege. However, nothing in this order is intended to affect the right of the incumbent or former Presidents to invoke executive privilege with respect to materials not identified by the Archivist. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.
(b) Upon the passage of 30 days after receipt by the incumbent and
former Presidents of a notice of intent to disclose Presidential records,
the Archivist may disclose the records covered by the notice, unless during that time period the Archivist has received a claim of executive privilege by the incumbent or former President or the Archivist has been instructed by the incumbent President or his designee to extend the time period for a time certain and with reason for the extension of time provided in the notice. If a shorter period of time is required under the circumstances set forth in section 1270.44 of the NARA regulations, the Archivist shall so indicate in the notice.

The only one who can do anything about this is us. Congress won't act. I doubt the Supreme Court will accept the case.

It's up to us and it's way past time. Every day we waste throws us deeper into dictatorship and Nazi America.

What do you all say about this?


Source: Earthhope Action Network

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