Tuesday, April 3, 2012

Michigan PA 4 of 2011 vs Enabling Act of 1933

We are all well aware by now of the political climate in which we live. Extreme and draconian legislation is being pushed through and signed in to law faster that it takes one to even read the bills being written. Fascist is the more common term being used to describe the new breed of GOP that is currently in power. Usually when name calling occurs in politics, its more out of frustration and anger. The scary thing is there is truth behind calling the GOP and their legislation fascist. 

Most of us are familiar with what the Enabling Act of 1933 is. In short,

The Enabling Act was passed by Germany's Reichstag and signed by President Paul von Hindenburg on 23 March 1933. It was the second major step, after the Reichstag Fire Decree, through which Chancellor Adolf Hitler legally obtained plenary powers and established his dictatorship. It received its name from its legal status as an enabling act granting the Cabinet the authority to enact laws without the participation of the Reichstag. The act stated that it was to last for four years unless renewed by the Reichstag, which occurred twice.

The Reichstag has passed the following law, which is, with the approval of the Reichsrat, herewith promulgated, after it has been established that it meets the requirements for legislation altering the Constitution.
Article 1. National laws can be enacted by the Reich Cabinet as well as in accordance with the procedure established in the Constitution. This also applies to the laws referred to in Article 85, Paragraph 2, and in Article 87 of the Constitution.
Article 2. The national laws enacted by the Reich Cabinet may deviate from the Constitution as long as they do not affect the position of the Reichstag and the Reichsrat. The powers of the President remain undisturbed.
Article 3. The national laws enacted by the Reich Cabinet shall be prepared by the Chancellor and published in theReichsgesetzblatt. They come into effect, unless otherwise specified, the day after their publication. Articles 68-77 of the Constitution do not apply to the laws enacted by the Reich Cabinet.
Article 4. Treaties of the Reich with foreign states which concern matters of national legislation do not require the consent of the bodies participating in legislation. The Reich Cabinet is empowered to issue the necessary provisions for the implementation of these treaties.
Article 5. This law becomes effective on the day of its publication. It becomes invalid on April 1, 1937; it also becomes invalid if the present Reich Cabinet is replaced by another.


Public Act 4 of 2011 which was passed and signed in to law by MI Gov. Snyder mirrors that of the Enabling Act. In HB 4214, (PA 4 of 2011), Section 19 (cc) states that:
"For municipal governments, with approval of the governor, disincorporate or dissolve the municipal government and assign its assets, debts, and liabilities as provided by law."

The Reichstag in Germany would be the equlivalint to Congress, or local elected officals, elected to represent their constituents. Gov. Snyder would be the equivlient of President Paul von Hindenburg and or Adolf Hitler. He by siging PA 4 into law gave himself dictatorial powers, to at his own discression, can appoint "mini dictators" or "EFM's" to come in and take over a town, city, school district ect, for any reason sufficent unto himself.  These EFM's can then come in and over throw the local government officials or (Reichstag), and have a one man control of that establishment.

With this law, there is no democracy. There is no system of checks and balences. The voice of the voters can be taken and stripped away. Elected officials rendered powerless.

Gov. Snyder says that he does not plan to use the EFM law, but yet has over 300 potential EFM's trained or being trained to take over. Sound familar? Think back to Hitler and the Brown Coats.

The EFM law has been on the books before Snyder. BUT its the NEW sweeping, fascist powers that PA 4 gives to the Governor and the EFM's that is the issue. The prior EFM law worked more like a credit counseling agency. Say a town was having finnacial difficulties. The Gov. would send somene in to work WITH the local elected officials, to HELP them figure out and work out whatever issues were ocurring. No one lost their elected position to this one individual, and therewas a system of checks and balances in place and accountability.

I was taught about the horrors of Nazi Germany and Adolf Hitler. Never once, did I think it could happen again...especially here in the USA. Yet, I find myself carrying a contraversial to some, sign bearing the swastika with Hitler and Snyder's faces saying "The Fourth Reich?" I carry this as a warning, not as a joke or disrespect to those who perished at the hands of a vicious dictator. We must be vigilant.

"Those who forget history, are doomed to repeat it." 

I remember history....
I also remember that we live in a Democracy and this is NOT what Democracy looks like.

Democracy is NOT negotiable.

Feel free to read the Enabling ACT and PA 4 of 2011 and compare the two.

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