HCDCC resolution passed 8/08-07
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RESOLUTION OPPOSING BUSH EXECUTIVE ORDERS THAT VIOLATE U.S.
CONSTITUTION and CALLING FOR PUBLIC ACTION

WHEREAS, on May 9, 2007, President Bush issued a major presidential
National Security Directive (National Security and Homeland Security
Presidential Directive NSPD 51/HSPD 20), which provides for the
suspension of constitutional government and instates martial law in
the case of a presidential declaration of "Catastrophic Emergency"
and creates a new position of National Continuity Coordinator without
reference to Congress and seemingly outside constitutional checks and
balances as required by the National Emergencies Act (50 U.S.C. 1601-
1651) which gives Congress a means to countermand a presidential
declaration of national emergency, and 

WHEREAS, on July 11, 2007, the CIA published its "National
Intelligence Estimate," which points to an imminent Al Qaeda attack
on America, to be followed immediately, under terms of the NSPD 51,
by the suspension of constitutional government and the instatement of
martial law, if the President declares a "Catastrophic Emergency," and 

WHEREAS, on July 17, 2007, Bush issued "Executive Order: Blocking
Property of Certain Persons Who Threaten Stabilization Efforts in
Iraq," which authorizes the Treasury Department to freeze and
confiscate the assets of any person whose actions are deemed by the
President, without judicial or legislative involvement, to hinder or
"pose a significant risk" of  hindering the Iraqi government or
reconstruction through unspecified "acts of violence," as well as the
nonviolent provision of material support and donations of food,
clothing, and medicine given as charity with final destinations
unknown, and this order violates protections of freedom of speech,
against unreasonable searches and seizure without warrants, and
ensuring no one will be deprived of life, liberty, or property
without due process of law under the First, Fourth and Fifth
Amendments of the US Constitution

THEREFORE, BE IT RESOLVED, that since NSPD 51/HSPD 20 and "Executive
Order: Blocking Property of Certain Persons Who Threaten
Stabilization Efforts in Iraq" pose undue risk to individuals who
oppose the administration's policy in Iraq by impairing the
fundamental protections they are entitled to as citizens under the
Constitutional government of the US, the Humboldt County Democratic
Central Committee condemns actions by George W. Bush to deprive the
American people of their constitutional rights and bestow on himself
the right to assume dictatorial powers,

AND FURTHER BE IT RESOLVED, that the Humboldt County Democratic
Committee urgently requests United States Senators Barbara Boxer and
Dianne Feinstein, Representative Mike Thompson and other all publicly
elected office holders, regardless of political affiliation, to
immediately commit the full strength of their resolve and influence
to protecting the rights of all United States citizens by reversing
these Executive Orders and constraining Presidential authority to
within its constitutional limits by whatever legal means available.


SUPPORTING DOCUMENT FOR: 
RESOLUTION OPPOSING BUSH EXECUTIVE ORDERS THAT VIOLATE U.S.
CONSTITUTION and CALLING FOR PUBLIC ACTION

President George W. Bush has issued two executive orders and the CIA
has published a National Intelligence Estimate during the past three
months that could lead to an extraordinary, unprecedented and
unconstitutional taking of legislative and judicial branch
prerogatives at great costs to personal rights hard-won by
generations of Americans.

On May 9, 2007, Bush issued a major presidential National Security
Directive (National Security and Homeland Security Presidential
Directive NSPD 51/HSPD 20), which would allow him to "take over all
government functions and direct all private sector activities" (1)
and "suspend constitutional government and instate broad dictatorial
powers under martial law in the case of a "Catastrophic Emergency"
(2), defined in the Directive as "any incident, regardless of
location, that results in extraordinary levels of mass casualties,
damage, or disruption severely affecting the U.S. population,
infrastructure, environment, economy, or government functions."

However, the National Emergencies Act (50 U.S.C. 1601-1651) requires
the President to declare formally the existence of a national
emergency and to specify what statutory authority, activated by the
declaration, would be used; and provides Congress with a means to
countermand the President's declaration and the activated authority
being sought, according to a Congressional report (3). 

In addition, the May 9, 2007, Directive "appears to supersede the
National Emergencies Act by creating the new position of National
Continuity Coordinator without any specific act of Congress
authorizing the position" and "makes no reference whatsoever to
Congress" (4).

The terms of the Directive were invoked on July 11, 2007, when the
CIA published its "National Intelligence Estimate," which pointed to
an imminent Al Qaeda attack on America, a second 9/11 which,
according to the terms of NSPD 51, "would immediately be followed by
the suspension of constitutional government and the instatement of
martial law under the authority of the president and the vice-
president" (5). 

Furthermore, on July 17, 2007, Bush issued "Executive Order:
Blocking Property of Certain Persons Who Threaten Stabilization
Efforts in Iraq," which provides the President with "the authority to
confiscate the assets of whoever opposes the US-led war," serving to
criminalize the antiwar movement and making opposition to the war an
illegal act, (6) by "authorizing the Treasury Department to freeze
and confiscate the assets of anyone determined "'to have committed,
or to pose a significant risk of committing' acts of violence with
the 'purpose or effect' of hindering the Iraqi government or
reconstruction efforts" and authorizing " the freezing of assets of
anyone who provides 'material support' to such a person or group,
whether or not the person's support was knowing or intentional
expressly prohibits even donations of 'food, clothing, and medicine
intended to be used to relieve human suffering,'" (7).

The American Civil Liberties Union believes this Executive Order's
"sweeping provisions pose risks for residents of the United States
and for humanitarian work in Iraq," "could have a serious chilling
effect on charitable contributions intended to ease the suffering in
Iraq," "reaches far beyond criminal activity to activity that may be
entirely innocent," and that a "person may find herself inadvertently
in violation of this order and there is no provision for judicial
review," (8). 

In addition the Order "violates the First, Fourth and Fifth
Amendments of the US Constitution" and "repeals one of the
fundamental tenets of US democracy, which is the right to free
expression and dissent," (9) and violates the rule of law in America
ensuring the innocence of the accused until proven guilty by
empowering the Bush Administration to seize a person's property, if
found to "pose a significant risk of committing an act of violence,"
even if no act whatsoever has been committed.

These Orders and National Intelligence Estimate have been
characterized by one expert as "ultimately geared towards repealing
constitutional government and installing martial law in the event of
a 'national emergency'," (10). The actions of President Bush will
deprive the American people of their constitutional rights and bestow
on himself the right to assume dictatorial powers and must be
condemned. Our United States Senators Barbara Boxer and Dianne
Feinstein, Representative Mike Thompson and other all publicly
elected office holders, regardless of political affiliation, must
commit the full strength of their resolve and influence to protecting
the rights of all United States citizens by reversing these Executive
Orders and constraining Presidential authority to within its
constitutional limits by whatever legal means available.

(1) http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=55824
by Jerome R. Corsi received a Ph.D. from Harvard University in
political science and has written many books and articles, including
his latest best-seller, "The Late Great USA." 

(2) http://www.globalresearch.ca/index.php?context=va&aid=6377 by
Michel Chossudovsky, the author of the international best seller
America's "War on Terrorism" Second Edition, Global Research, 2005.
He is Professor of Economics at the University of Ottawa and Director
of the Center for Research on Globalization.

(3) http://www.fas.org/sgp/crs/natsec/98-505.pdf, "National
Emergency Powers Updated," Nov. 13, 2006. 

(4) ibid, Corsi.

(5) ibid, Chossudovsky.

(6) ibid, Chossudovsky.

(7) "ACLU Says Executive Order 'Material Support' Provision Sweeps
Too Broadly and Will Restrict Humanitarian Efforts in Iraq," July 27,
2007, http://www.aclu.org/natsec/warpowers/31113prs20070727.html.

(8) ibid, ACLU.

(9) ibid, Chossudovsky. 

(10) ibid, Chossudovsky.

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