Acting under military authority/act:
Now let’s notice with keen interest Pres. Franklin Delano Roosevelt stating that he is acting under the authority granted to him under the trading with the enemy act of October 6, 1917: Whereas those conditions have created a national emergency; and
Whereas it is provided in Section 5 (b) of the Act of October 6, 1917 (40 Stat. L. 411), as amended, "That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange and the export, hoarding, melting, or earmarkings of gold or silver coin or bullion or currency . . .";
Whereas it is provided in Section 16 of the said Act "That whoever shall willfully violate any of the provisions of this Act or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of this Act, shall, upon conviction, be fined not more than $10,000, or, if a natural person, imprisoned for not more than ten years, or both . . .";
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… Proclamation 2039—Declaring Bank Holiday ‘s
March 6, 1933
This was nothing more and nothing less than a military seizing of power, if you will look for the definition of the meaning of “military seizing power”, you will find the word “coup”. The Supreme Court was powerless, the United States Congress was powerless, why? Because Congress had delegated its authority to the president of the United States to operate under his military capacity, to control, to regulate, to prohibit, to arrest, to seize property. This is once again not our opinion, Congress has documented that they violated the Constitution by delegating their authority, their power, their duty to make law, by subjugating the Constitution, and the separation of powers clause in granting their legislative authority and power to the president in an extraordinary way through extraordinary measures, note the title of the special committee report “1976 SPECIAL COMMITTEE ON NATIONAL EMERGENCIES AND DELEGATED EMERGENCY POWERS”
The separation of powers clause has no provision for the delegation of so-called powers during an emergency, since the delegation of power was limited, specific, and the prohibition was binding and could not be nullified.
Many people have heard of the Constitution being suspended, many people have heard that the United States is under military rule, so now we will present what Congress further had to say about this delegation of powers in the 1940s:
"...Under 10 USC 333, the President can use the militia or armed forces to suppress "conspiracy," if it is likely that "any part" of the people in a state will be deprived of some constitutional rights, and the state itself refuses to act. Under this statute, the President conceivably could circumvent Article IV. Section 4, of the Constitution even before waiting for state legislatures or state executives to request Federal troops. Under IS USC 1383. the President has authority to declare any part or all of the United States military zones. People in such zones can be jailed for a year for violating any "executive order of the President." Would these arrests be reviewable in court \ It is not clear Judicial review of agency actions is guaranteed in 5 USC 702, but 5 USC 701 excludes actions taken under declarations of martial law.
A President could make use of Public Law 733, which expresses the determination of the United States to prevent "by whatever means may be necessary including the use of arms, any "subversive" activities by the government of Cuba.
Under 47 USC 308, the Federal Communications Commission could, during a NATIONAL EMERGENCY, modify existing broadcast licenses under terms it might prescribe'. Under 47 USC 606, the President can amend "as he sees fit" the rules and regulations of the Federal Communications Commission and, in particular, can "cause the closing of any facility or station for wire communications."
If the President finds the nation "threatened by attack," he could, under 44 USC 1505, cease to publish his regulations in the Federal Register if he determines that it is "impracticable." This could open the way to promulgation of secret laws.
Moreover, no recent comprehensive record of statutes effective during times of EMERGENCY had been compiled. No consistent procedure was being followed in declaring, administering, and terminating states of NATIONAL EMERGENCY. The enlarged task that the Committee confronted led to its being redesignated the Special Committee on NATIONAL EMERGENCIES and DELEGATED EMERGENCY POWERS..." See: report from the Special Committee on NATIONAL EMERGENCIES and DELEGATED EMERGENCY POWERS 1973.