Constitution in Chains: How the US Quietly Declared War on Its Own Citizens

Every day, your constitutional rights and personal freedoms are quietly being taken away… And there’s a clear reason for it. 

Under the Emergency Powers Act, your rights can be sidelined with the stroke of a pen. Dr. Andrew Kaufman uncovers how this law fuels corporate profiteering, government overreach, and the erosion of your rights and freedoms. 

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Read the full transcript + blog:
https://www.andrewkaufmanmd.com/blog/Constitution-in-Chains-US-Quietly-Declared-War-on-Its-Citizens

Transcript

Hi, I’m Dr. Andy Kaufman, and today I’m going to talk about an important consequence of law you may have some awareness of, but probably don’t fully understand. Have you ever wondered why so many government actions seem inconsistent with what the Constitution says? Many people have tried making constitutional arguments in court, only to have the judge dismiss or ignore them. There’s a clear reason for this—not a good one, but one with a definite explanation—and it goes back to 1933. I’m going to explain exactly what’s going on with the Constitution and why it’s essentially suspended today.

Before I get into how and why, let’s look at some evidence that the Constitution is not being followed. Article One, Section 10 reads: “No State shall make anything but gold and silver coin a tender in payment of debts.” Up until 1933, you could take a dollar bill to the Treasury Department and exchange it for gold or silver. After 1933, and still today, you can only exchange it for another paper note. Gold and silver coin is no longer used as money, despite the Constitution requiring it. This is one reason we have inflation, deflation cycles, and a constantly devalued currency—our money is no longer backed by anything of real value.

Another example is presidential war powers. The Constitution says the president is commander in chief of the military when called into service by Congress, and that Congress alone has the power to declare war. Yet in modern times, presidents have repeatedly initiated military action without Congressional approval—most recently in Iran. They’ve also used military forces domestically without proper authorization, as seen during protests in Los Angeles. This clearly violates the Constitution.

There are many more examples—just looking at the 10th Amendment, we find numerous violations, such as the REAL ID Act. So how can this happen?

An excellent analysis called The War on Emergency Powers draws on a 1973 congressional report, which states: “When Congress declares an emergency, there is no Constitution.” This doctrine allows suspension of constitutional provisions during declared emergencies. Since March 9, 1933, the United States has been in a state of declared emergency—a fact confirmed in 1973 and, I will argue, still true today.

Congressional records from 1933 show that under emergency powers, the president may seize property, control production, seize commodities, send military forces abroad, institute martial law, control transportation and communication, regulate private enterprise, restrict travel, and essentially control all American citizens’ lives. The report noted that most Americans alive then—and now all Americans—have lived their entire lives under emergency rule.

This traces back to the Trading with the Enemy Act of 1917, which initially applied only to foreign entities. U.S. citizens were explicitly exempt. But in 1933, an amendment removed that exemption. The president was now authorized, during war or national emergency, to regulate or prohibit transactions, gold or silver ownership, and banking activities of “any person within the United States.” In effect, American citizens became subject to the same rules as foreign enemies.

One infamous example was Executive Order 6102, signed by FDR, which forbade the hoarding of gold and allowed the government to seize it. Citizens were paid a set price, and soon after, the government raised gold’s value, increasing its own purchasing power. Under the Constitution, the president has no authority to seize private property in this way—but under emergency powers, it became legal.

Some claim the 1933 emergency has ended. But a congressional report from the late 1970s shows otherwise: the National Emergencies Act terminated all existing emergencies in 1978—except those using Section 5(b) of the Trading with the Enemy Act. That means the 1933 banking emergency, which allows the president to treat U.S. citizens as enemies, is still in effect.

Looking at the list of national emergencies today, many from decades past remain active. The oldest still officially ongoing is from 1979, involving Iran. Others cover terrorism, narcotics, sanctions on foreign nations, and more—spanning every administration since. In the first six months of his term, Trump declared eight new national emergencies.

Every president renews these emergencies quietly—without publicity or press coverage—because they grant unchecked power outside the Constitution. The public remains largely unaware, yet this ongoing state of emergency lawfully bypasses constitutional protections.

There are remedies for this, but that’s a discussion for another time. The first step is awareness—understanding the scope of this problem so we can protect ourselves and take meaningful action. Watch this again if needed, as I moved quickly through the legal language. I’ll include links in the show notes for deeper research.