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By Dr. Edwin Vieira, Jr., Ph.D., J.D.
June 25, 2016

No Perpetual “Emergency” Presidency

Constitutionalists, patriots, and other friends of freedom in ever-increasing numbers are expressing their fears that the present resident of the White House, Barack Obama, intends, under color of some real or contrived “emergency”, to suspend the National elections this November, declare “martial law”, and expand the ambit of his usurpatory rule from that of an arguably faux yet only temporary President to that of an authentic and permanent dictator, in service of some absurdity such as a supposed necessity to maintain “the continuity of government”. In light of the possibility of a nationwide calamity in the near future (especially likely in the economic realm), and of Mr. Obama’s own personality and past pattern of misbehavior under color of public office, these concerns cannot be easily dismissed as mere delusions springing from paranoiac imaginations. Nonetheless, from the constitutional perspective, they are entirely devoid of foundation.

No need exists to repeat here the extensive analysis in my book By Tyranny Out of Necessity: The Bastardy of “Martial Law”, which explains that so-called “emergency powers” are bunkum, and “martial law” (as most Americans understand it) bunkum to the second power. The only “martial” institutions to which the Constitution delegates the responsibility and authority “to execute the Laws of the Union”, whether in an “emergency” or otherwise, are “the Militia of the several States”. But “the Militia of the several States” consist of the body of WE THE PEOPLE of the United States. And the very last thing Mr. Obama would ever want to admit in a public forum is that WE THE PEOPLE enjoy the unique constitutional power, in “martial” institutions especially, to “execute the Laws of the Union” against anyone and everyone who might dare to transgress those “Laws”—himself included. So, putting to one side “emergency powers” and “martial law” as the irrelevant anti-constitutional fantasies they are, the only question which needs to be answered is: “Does the Constitution provide any means by which Mr. Obama can perpetuate his residency in the White House in the guise of ‘President of the United States’ on any excuse whatsoever?” The answer is “No”.

1. Even if Mr. Obama were “a natural born Citizen * * * eligible to the Office of President” under Article II, Section 1, Clause 4 (which in the absence of sufficient evidence remains an open question), Section 1 of the Twenty-second Amendment precludes him from being “elected to the office of the President more than twice”. Of course, the premiss of the instant analysis is that no Presidential election at all would occur in November of 2016; and therefore he could not possibly become even a faux “President elect” under color of the Twelfth Amendment. That being so, perforce of Section 1 of the Twentieth Amendment his present, possibly faux “term[ as] the President * * * [would] end at noon on the 20th day of January”, 2017. By dint of that same Section, the present, but also arguably faux term of Mr. Joseph Biden as “Vice President [would] end” at the very same time.

2. In the normal course of events, someone other than Mr. Obama would be chosen as President elect in the 2016 elections, and would take the “Oath or Affirmation” of “the Office of President” on 20 January 2017, pursuant to Article II, Section 1, Clause 7. But, were no National elections conducted in November, no one would be chosen President elect or Vice President elect. Under those circumstances, Section 3 of the Twentieth Amendment would take effect:

If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

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Shorty Dawkins


  1. Good job Elias and all OK staff. I was wondering if you guys saw this as well or maybe I was just the only one in thinking this way. Sometimes I have to pinch myself just to make sure im not dreaming all this craziness our leaders are causing…

    1. I have been writing and commenting about this thesis for over a year now. But I must disagree on one issue. It is not necessarily an economic issue that might be the catalyst . It could also be a series of events like the racial animus being ramped up and additional terror attacks inside CONTUS that could be the catalyst for martial law. Seems to me we are witnessing an orchestrated ramp up in all of the these outlier events as well as rampant illegal alien entry , the refugees fiasco and all manner of racial animus that may be dove tailed to acts of terror that are allowed to happen , just as Boston, San Berdoo, Orlando and Ft.Hood were allowed to happen ! All it would take is a few more terror events inside CONTUS with more victims and most people would beg for martial law !

  2. Nope. In America even Lincoln has to win re-election. The bureaucracy never does, but the sock-puppet being handled in the Oval Office does.

  3. Obama obviously has no respect for the Constitution, nor any intention of recognizing its authority. So long as his minions will allow it he will continue his quest to destroy the piece of paper our founders wrote on. Unfortunately we do not have a Congress who will stand up to Obama and those who control him. Most of them are more interested in their personal government wealth machine than they are to what their constituents want done.

  4. Good work Elias, and thank you Mr. Vieira for such fine clarification. We must all be prepared for every possible scenario.
    I often wonder about the ‘higher ups’ in our military. Are there any out front speaking of the treason that stares us in the face? If there are I would like to know who they are.
    With gratitude to all Oath Keepers around the country, and especially those who operate this organization and website!!!
    Robert D. Gubisch

  5. I think BLM is a tool for Obama to stir things up, push his divisive agenda, destroy the American family. I also think the Muslim Brotherhood has infiltrated BLM, like it’s infiltrated the White House. I also think the Muslim Student Organizations participate in BLM events. If anyone knows how to ramp things up Muslim certainly do.

    1. That makes sense.

      Mayor, police chief discuss National Guard, curfew options

      But the mayor said everything has its limits and warned protesters to show respect and restraint as they demonstrate. He says he’s noticed a worrisome change in the demonstrations as the days have gone on.

      “We weren’t seeing families marching anymore. We were seeing a different kind of activist, in people affiliated with community organizations that we were unaware of, and this has caused a concern for us,” Reed said.

      who has seen a lot of middle eastern folks involved with BLT?

  6. Does OATHKEEPERS have access to the “ISIS Christian/Jew kill list(s) for the US” ? The ISIS
    recommended target lists for “lone wolf” jihadists attack. Our domestic jihadists evidently have no problem acquiring weapons and explosives for domestic jihad:

    It would be good if the list(s) were made available to seaarch on a trusted website such as Oath Keepers. It would come as no great surprise if large scale jihadist attacks against churches/synogogues and individual Christians got underway big time in the next few weeks leading up to the US election creating conditions for martial law. Oath Keepers must play a major leadership role in recruiting/training militia to counter this threat. Federal/State law enforcement agencies under the present administration can no longer be trusted to safeguard the National Security.

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