Obama Declares National Emergency To Strip Americans Of Constitutional Rights
In an apparent attempt to keep Americans from donating money to the likes of Edward Snowden, Obama signed the emergency declaration and executive order last week that bans Americans from donating money to suspected “cyber criminals.” It freezes the assets of suspected criminals and prohibits giving money to them.
I, BARACK OBAMA, President of the United States of America, find that the increasing prevalence and severity of malicious cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency to deal with this threat.But further down the order is the most draconian – and unconstitutional – section. It permits authorities to seize Americans’ funds without due process or prior notice.
Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order.This is clearly unconstitutional, likely violating the First, Fourth and Fifth Amendments, but most certainly violating due process.
In claiming a “National Emergency,” however, Obama thinks he can skirt the Constitution. Here’s his justification:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code …The press hasn’t reported on this “National Emergency.” Did it slip under the radar? Or are they trusting our “Constitutional-Law-Professor-In-Chief”?