State of National Emergency: Did the Jeffersonians ‘Break’ the Constitution?

“The [State of National Emergency] is more interesting than the [State of Total Mobilization]. The [latter] proves nothing; the [former] proves everything. In the [former] the power of Real Life breaks through the crust of a mechanism that has become torpid by repetition.”

–Carl Schmitt, The Concept of the Political, 1922

Most of my readers should already be familiar with the Generalmobilmachung (State of Total Mobilization). Neoliberalism’s Total Mobilization of Production for Profit/Utility is comprehended by ideological language like “Full Employment” or “Marginal Utility.” This is normal for all forms of Total Mobilization of Production. In Socialism, we encounter the Total Mobilization of Production for Dasein, its All-American version being Production for Eternal Glory. The specific terminology which I had chosen as a shorthand to refer back to Production for Dasein (and Production for Eternal Glory by extension) is Meaningful Work.

However, as Ernst Junger pointed out in his 1930 Essay, the opposite of Total Mobilization is not a Teilmobilmachung (Partial Mobilization). It is in actuality the Ausnahmezustand (State of National Emergency) described by Carl Schmitt in The Concept of the Political.

The State of National Emergency offers complete access to an arsenal of emergency wartime powers for peacetime purposes. Whenever and wherever a State of National Emergency is declared, there must always be a beginning and an end. However, and much to Schmitt’s chagrin no less, the Jeffersonians under Woodrow Wilson had perfected the normalization of the State of Emergency since World War I. As with Income Taxation and the Debt Ceiling, the Democratic-Republican Party allowed Wilson to invoke the “State of Emergency” in order to justify the creation of the Empire of Liberty.

As with most Jeffersonian trends in the Democratic-Republican Party, Wilson’s Proclamation 1354 (Emergency in Water Transportation of the United States) had made a complete mockery of the US Constitution. Only a Jeffersonian would ever want to declare State of Emergency over something as petty as “Interstate Commerce” of all things:

“Now, Therefore, I, Woodrow Wilson, President of the United States of America, acting under and by virtue of the authority conferred in me by said Act of Congress, do hereby declare and proclaim that I have found that there exists a national emergency arising from the insufficiency of maritime tonnage to carry the products of the farms, forests, mines and manufacturing industries of the United States, to their consumers abroad and within the United States, and I do hereby admonish all citizens of the United States and every person to abstain from every violation of the provisions of said Act of Congress, and I do hereby warn them that all violations of such provisions will be rigorously prosecuted, and I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of said Act, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same.”

-Proclamation 1354 (“Emergency in Water Transportation of the United States”)

It is noteworthy that Wilson’s State of Emergency had military motives, which was also the case for the Jeffersonian Presidencies of Franklin Delano Roosevelt and Harry Truman.

“Now, Therefore I, Franklin D. Roosevelt, President of the United States of America, in view of such National Emergency and by virtue of the authority vested in me by said Act and in order to prevent the export, hoarding, or earmarking of gold or silver coin or bullion or currency, do hereby proclaim, order, direct and declare that from Monday, the Sixth day of March, to Thursday, the Ninth day of March, Nineteen Hundred and Thirty-three, both dates inclusive, there shall be maintained and observed by all banking institutions and all branches thereof located in the United States of America, including the territories and insular possessions, a bank holiday, and that during said period all banking transactions shall be suspended. During such holiday, excepting as hereinafter provided, no such banking institution or branch shall pay out, export, earmark, or permit the withdrawal or transfer in any manner or by any device whatsoever, of any gold or silver coin or bullion or currency or take any other action which might facilitate the hoarding thereof; nor shall any such banking institution or branch pay out deposits, make loans or discounts, deal in foreign exchange, transfer credits from the United States to any place abroad, or transact any other banking business whatsoever.”

-Proclamation 2039 (“Declaring a Bank Holiday”), March 6, 1933

“Now, Therefore, I, Franklin D. Roosevelt, President of the United States of America, do proclaim thata national emergency exists in connection with and to the extent necessary for the proper observance, safeguarding, and enforcing of the neutrality of the United States and the strengthening of our national defense within the limits of peacetime authorizations. Specific directions and authorizations will be given from time to time for carrying out these two purposes.”

-Proclamation 2352 (“Proclaiming a National Emergency in Connection with the Observance, Safeguarding, and Enforcement of Neutrality and the Strengthening of the National Defense Within the Limits of Peace-Time Authorizations”), ca. September 8, 1939

“Now, Therefore, I, Franklin D. Roosevelt, President of the United States of America, do proclaim that an unlimited national emergency confronts this country, which requires that its military, naval, air, and civilian defenses be put on the basis of readiness to repel any and all acts or threats of aggression directed toward any part of the Western Hemisphere.”

-Proclamation 2487 (“Proclaiming That an Unlimited National Emergency Confronts This Country, Which Requires That Its Military, Naval, Air and Civilian Defenses Be Put on the Basis of Readiness to Repel Any and All Acts or Threats of Aggression Directed Toward Any Part of the Western Hemisphere”), ca. May 27, 1941

“Now, Therefore, I, Harry S. Truman, president of the United States of America, do proclaim the existence of a National Emergency, which requires that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible to the end that we may be able to repel any and all threats against our national security and to fulfill our responsibilities in the efforts being made through the United Nations and otherwise to bring about lasting peace.”

-Proclamation 2914 (“Proclaiming the Existence of a National Emergency”), ca. December 16, 1950

Most Democratic-Republican Party’s State of Emergencies, due to the built-in design flaws of Jeffersonianism as an ideology, has become since normalized to such an extent that most Americans never bothered to stop and question why those State of Emergencies are being declared over purely economic and financial motives like establishing and imposing Thomas Jefferson’s Empire of Liberty on the rest of humanity around the world.

Only two actual State of Exceptions were issued by Richard Nixon insofar as both were in fact related to the Death of Bretton Woods. Anyone who has read the SMP Compendium or The Work-Standard (1^st Ed.) should realize that my invocations of Nixon therein are related to those two States of Exception.

What is really tragic about “Proclamation 3972” and “Proclamation 4074” is that the Democratic-Republican Party terminated both National Emergencies on the same day as FDR’s “Proclamation 2039” and Truman’s “Proclamation 2914.” These terminations coincided with the passing of the National Emergencies Act (NEA), which codified declarations of National Emergencies by the Jeffersonian President with the express approval of Jeffersonian Congress, of course.

This in turn allowed Jeffersonian President Jimmy Carter’s to set a new precedent with “Executive Order 12170.” That particular National Emergency must constantly be renewed before “November 14” by all Jeffersonian presidencies of the Democratic-Republican Party for as long as the Ayatollah’s Iran will continue to exist. The Jeffersonians must constantly renew it, and they will continue to do so for as long as the Union continues to exist.

Prior to this Third Place Post, on 9 November 2021 (Read: “09/11/2021”), the Biden presidency officially renewed the National Emergency begun by Executive Order 12170:

“On November 14, 1979, by Executive Order 12170, the President declared a national emergency with respect to Iran pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and took related steps to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the situation in Iran.

Our relations with Iran have not yet normalized, and the process of implementing the agreements with Iran, dated January 19, 1981, is ongoing. For this reason, the national emergency declared on November 14, 1979, and the measures adopted on that date to deal with that emergency, must continue in effect beyond November 14, 2021. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to Iran declared in Executive Order 12170.

The emergency declared by Executive Order 12170 is distinct from the emergency declared in Executive Order 12957 on March 15, 1995.  This renewal, therefore, is distinct from the emergency renewal of March 5, 2021.”

Whether we’re talking about the Shah’s Iran or the Ayatollah’s Iran, my Implicit Intent remains constant: This constitutional precedent introduced by Executive Order 12170 is indicative of a Constitutional Crisis that neither the Jeffersonians nor the Madisonians nor even the Monroeans will dare to confront and address. They genuinely do not care about the US Constitution nor do they intend to rectify any potential loopholes their Party had created for Kapital and Schuld.

If one does not comprehend why this is concerning to any upstanding, law-abiding Hamiltonian Federalist and Henryist Anti-Federalist such as myself, this is an ongoing National Emergency, as US Domestic Policy, being declared in the context of US Foreign Policy. It does not take very long for the Federalist Party to deem “Gun Control” (Jeffersonian Domestic Policy) and “Arms Control” (Jeffersonian Foreign Policy) as two halves of one Jeffersonian Weltanschauung.

Executive Order 12170 is not the only exception to the rule. As of November 2021, there are thirty-seven (37) other National Emergencies in effect that have to be renewed by every Jeffersonian presidency. Most of these National Emergencies involve “Economic Sanctions” and “Freezing Financial Assets” aimed at perceived enemies of the Democratic-Republican Party, from Individuals to Totalities. The real exceptions to this rule are:

1. Executive Order 12938 ([Concerning Armaments Exportation and the] “Proliferation of Weapons of Mass Destruction”)
2. Proclamation 6867 (“Declaration of a National Emergency and Invocation of Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels”)
3. Executive Order 13222 (“Continuation of Export Control Regulations”) [Later amended by Executive Order 13637 on March 8, 2013]
4. Proclamation 7463 (“Declaration of National Emergency by Reason of Certain Terrorist Attacks”)
5. Executive Order 13303 (“Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest”)
6. Proclamation 9994 (“Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak”)

Given this information, we can assume these two premises about the Democratic-Republican Party’s Factions, the Madisonians, Monroeans, and Jeffersonians:

• The Madisonian Faction (Democrats) prefers having things done by the Jeffersonian Parliamentary Democracy.
• The Monroean Faction (Republicans) prefers having things done by the Jeffersonian Market Economy.
• The Jeffersonian Faction (Bipartisans) prefers having things done by both Jeffersonian Parliamentary Democracy and Jeffersonian Market Economy in tandem with the Jeffersonian Fractional-Reserve Banking System. It is this particular Faction that needs the other two Factions to agree on all invocations of National Emergencies.

State of National Emergency: Motorized Legislation

“The motorization of law into mere decree was not yet the culmination of simplifications and accelerations. New accelerations were produced by market regulations and state control of the economy —with their numerous and transferable authorizations and sub-authorizations to various offices, associations and commissions concerned with economic decisions. Thus in Germany, the concept of ‘directive’ appeared next to the concept of ‘decree.’ This was ‘the elastic form of legislation,’ surpassing the decree in terms of speed and simplicity. Whereas the decree was called a ‘motorized law,’ the directive became a ‘motorized decree.’ Here independent, purely positivist jurisprudence lost its freedom of maneuver. Law became a means of planning, an administrative act, a directive.”

–Carl Schmitt, The Plight of European Jurisprudence, ca. 1943-1944

The State of National Emergency by the Democratic-Republican Party grants them access to a full arsenal of 136 emergency wartime powers at the disposal of the Jeffersonian Presidency. Of those 136, only 13 require the prior authorization and approval of the Democratic-Republican Party. While the vast majority of these emergency wartime powers originated in the 1930s and 1940s, the 9/11 Attacks in particular have already set the constitutional precedent. The Democratic-Republican Party refrained from deploying all of them, not because all three Factions are ‘allegedly concerned’ about the powers of the Presidency, but because the most are too impractical. They will only become practical at the onset of World War III.  

The Jeffersonians are always known for their ‘Cant’–claim to be against anything, only to do the exact opposite of opposition. Cognitive Biases and Logical Fallacies work great for the Democratic-Republican Party because the American people will always be none the wiser.

When the Democratic-Republican Party claims “Jeffersonian Opposition Against Hitlerists and Trotskyists,” they actually meant Jeffersonian Collaboration with Hitlerists and Trotskyists.

When the Democratic-Republican Party claims “Containment of the Eastern Bloc,” they actually meant Containment of the Western Bloc and Prussia through the EU/NATO.

Alas, most US Presidents were and still are Jeffersonians; Hamiltonians as US Presidents are very rare. This grotesque discrepancy in political governance has led to the rise of “Executive Orders” and “Presidential Directives” as the means by which to bypass the failures of Congress. Such failures of Congress, I should preface, are the direct result of the Democratic-Republican Party. Unlike Carl Schmitt, Hannah Arendt understood the significance of why Congress was supposed to be a Council Democracy. What has happened instead under the Jeffersonians, as Arendt pointed out in two of her works, was the gradual supplanting of Council Democracy with Parliamentary Democracy. The Executive Orders, Presidential Proclamations, Presidential Memorandums and Presidential Directives all attest to this.

1. An Executive Order is in essence the issuance of Federal Law by the President of the United States. The Intent is simple: a Councilor-Parliamentarian Congress, not to mention ruled by the Democratic-Republican Party, will be so chaotic and so disorderly that nothing ever gets done.
2. A Presidential Proclamation, like the Executive Order, is also another issuance of Federal Law. It is done in response to specific events that demand the President of the United States to act, hence its concurrent relationship with National Emergencies.
3. A Presidential Directive differs from Executive Orders insofar as they are not officially declared by the President of the United States. Its Intent is also simple: the President’s communications with the US armed forces and intelligence services necessitate the need to deter hostile interdiction.
4. A Presidential Memorandum also differs from Presidential Proclamations by being an internal document between the President of the United States and specific organizations within the Federal government. Its Intent is the same as the Presidential Directive, except it applies to the rest of the Federal government.
5. The most secretive and unknown of all is the Presidential Emergency Action Document (PEAD). PEADs are related to the Federal government’s Continuity of Government (COG) plans created and introduced during World War II because the Cold War was simply the continuation.

With the obvious exceptions of Executive Orders and PEADs, I personally find the overabundance of Proclamations, Directives, and Memoranda to be unnecessary for the purposes of the Federalist Party. Such legal documents can only be permissible in an America where Kapital and Schuld reign vis-à-vis the Empire of Liberty. All of these are part and parcel with Jeffersonianism, and the American people is paying the price of such idiocy.

Categories: Third Place

Tags: Anti-Federalism, ARPLAN, Carl Schmitt, Cold War, Council Democracy, Economics, Federalist Party, Finance, Hamiltonianism, Philosophy, Politics, Psychology, Socialist Finance, Socialist Student Economy, State of Exception, United States, Work-Standard