By Harry V. Martin

Many of the fears of the founding fathers may now be coming to fruition. Today, the executive branch of the government is immensely powerful, much more powerful than the founding fathers had envisioned or wanted. Congressional legislative powers have been usurped. There is no greater example of that usurpation than in the form of the Presidential Executive Order. The process totally by-passes Congressional legislative authority and places in the hands of the President almost unilateral power. The Executive Order governs everything from the Flag Code of the United States to the ability to single-handedly declare Martial Law. Presidents have used the Executive Order in times of emergencies to override the Constitution of the United States and the Congress.

President Andrew Jackson used executive powers to force the law-abiding Cherokee Nation off their ancestral lands. The Cherokee fought the illegal action in the U.S. Supreme Court and won. But Jackson, using the power of the Presidency, continued to order the removal of the Cherokee Nation and defied the Court's ruling. He stated, "Let the Court try to enforce their ruling." The Cherokee lost their land and commenced a series of journeys that would be called The Trail of Tears.

President Abraham Lincoln suspended many fundamental rights guaranteed in the Constitution and the Bill of Rights. He closed down newspapers opposed to his war-time policies and imprisoned what many historians now call political prisoners. He suspended the right of trial and the right to be confronted by accusers. Lincoln's justification for such drastic actions was the preservation of the Union above all things. After the war and Lincoln's death, Constitutional law was restored.

President Franklin Delano Roosevelt issued Executive Order No. 9066 in December 1941. His order forced 100,000 Japanese residents in the United States to be rounded up and placed in concentration camps. The property of the Japanese was confiscated. Both Lincoln's and Roosevelt's actions were taken during wartime, when the very life of the United States was threatened. Whether history judges these actions as just, proper or legal, the decision must be left to time. The dire life struggle associated with these actions provided plausible argumentation favoring their implementation during a time when hysteria ruled an age.

THE NEW DANGERS

A Presidential Executive Order, whether Constitutional or not, becomes law simply by its publication in the Federal Registry. Congress is by-passed. Here are just a few Executive Orders that would suspend the Constitution and the Bill of Rights. These Executive Orders have been on record for nearly 30 years and could be enacted by the stroke of a Presidential pen:

* EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports.

* EXECUTIVE ORDER 10995 allows the government to seize and control the communication media.

* EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.

* EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms.

* EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision.

* EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions.

* EXECUTIVE ORDER 11002 designates the Postmaster General to operate a

national registration of all persons. * EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft.

* EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.

* EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.

* EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

* EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

Without Congressional approval, the President now has the power to transfer whole populations to any part of the country, the power to suspend the Press and to force a national registration of all persons. The President, in essence, has dictatorial powers never provided to him under the Constitution. The President has the power to suspend the Constitution and the Bill of Rights in a real or perceived emergency. Unlike Lincoln and Roosevelt, these powers are not derived from a wartime need, but from any crisis, domestic or foreign, hostile or economic. Roosevelt created extraordinary measures during the Great Depression, but any President faced with a similar, or lesser, economic crisis now has extraordinary powers to assume dictatorial status.

Many of the Executive Orders cited here have been on the books for over a quarter of a century and have not been applied. Therefore, what makes them more dangerous today than yesteryear? There has been a steady, consistent series of new Executive Orders, originating from President Richard Nixon and added to by Presidents Ronald Reagan, Jimmy Carter and George Bush that provide an ominous Orwellian portrait, the portrait of George Orwell's 1984.