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Posted: 9/22/2016 11:52:10 AM EDT
[#1]
It's a suspension of your rights. It's a claim to having a right to ignore civil law to restore and maintain order.
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Posted: 9/22/2016 12:04:03 PM EDT
[#2]
Constitutionality, and the rule of law are set aside whenever the ruling class deems it necessary to achieve their goals. When citizens were disarmed in NOLA it wasn't "legal", but it happened anyway.
I wouldn't count on LE or the military to defy orders calling for disarming the people. As the Reverend Johnson said in Blazing Saddles, "Son, you're on your own." |
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Posted: 9/22/2016 12:05:53 PM EDT
[#3]
This is the test of a fundamental American. I will respect Martial Law in the streets, but if you think you are disarming my home....you are no different than the Gestapo.
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Posted: 9/22/2016 12:07:39 PM EDT
[#4]
Quote HistoryQuoted:
I guess you don't know anything about world history. Rite? Hitler Ceasar. Napoleon. Lincoln. Wilson. FDR. |
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Posted: 9/22/2016 12:14:32 PM EDT
[#5]
Under martial law you have no rights. What the government/military says go.
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Posted: 9/22/2016 12:31:13 PM EDT
[#6]
Quote HistoryQuoted: Do you understand what Martial Law is? Martial Law is the military pointing a gun at you and telling you what the law is. Martial Law is might makes right. Martial Law is whatever the CO and the troops willing to follow his order says the law is. Martial Law isn't law books and statues. Martial Law is do what the soldiers tell you before they fucking shoot your ass. Quote HistoryQuoted: Quoted: This is Alaska's law.... AS 26.23.205. Confiscation of Firearms. (a) A person convicted of official misconduct under AS 11.56.850, or interference with constitutional rights under AS 11.76.110, as a result of confiscating, attempting to confiscate, or ordering the confiscation of a firearm, under color of law, during a disaster emergency, (1) forfeits any appointed government position and, if under the jurisdiction of the Alaska Police Standards Council, is subject to revocation of the person's police certification; (2) is subject to impeachment under art. II, sec. 20, Constitution of the State of Alaska; or (3) is subject to having the person's elected municipal office declared vacant under AS 29.20.170 or 29.20.280. (b) This section does not apply if the person is acting as a private citizen who has been directed to confiscate a firearm by another whom the person reasonably believes to be a peace officer or active member of the armed forces or militia. (c) A conviction described in (a) of this section is an offense involving a violation of the oath of office for purposes of AS 29.20.170 or 29.20.280. Do you understand what Martial Law is? Martial Law is the military pointing a gun at you and telling you what the law is. Martial Law is might makes right. Martial Law is whatever the CO and the troops willing to follow his order says the law is. Martial Law isn't law books and statues. Martial Law is do what the soldiers tell you before they fucking shoot your ass. |
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Posted: 9/22/2016 12:36:00 PM EDT
[#7]
Quote HistoryQuoted:
You live in a post-Constitutional America. Prepare accordingly. This means a lawless democracy where power is projected at gunpoint.....for those who went to public school in the past 30 years. |
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Posted: 9/22/2016 12:57:13 PM EDT
[#8]
I swear J.L Bournes book "Tomorrow War", seems extremely plausible. Martial law is a dangerous thing. The government wants to be the only helping hand. It thrives off people needing it. People who can fend for themselves and survive and own firearms would eventually be labeled as terrorists, or insurgents if the state of the country got bad enough.
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Posted: 9/22/2016 1:14:08 PM EDT
[#9]
Rumor is, that hippies really like marshall law.
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Posted: 9/22/2016 1:30:15 PM EDT
[#10]
Quote HistoryQuoted:
Doesn't make a shit. Organization and more manpower, they can do WTF they want. This. When a dozen LEO show up and your door and want to take your guns........being constitutional or not doesn't really matter at that point. |
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Posted: 9/22/2016 1:40:33 PM EDT
[#11]
Martial law can only be enforced by the entity with the biggest stick.
It is law by implied force. If a big powerful government declares martial law, has the ability to enact it and carry it out, and the cajones to weather the storm, they will do so and win. |
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Posted: 9/22/2016 1:55:43 PM EDT
[#12]
NEVADA NRS
NRS 414.155 Limitations on emergency powers relating to firearms. Pursuant to Amendment II of the Constitution of the United States and Section 11 of Article 1 of the Constitution of the State of Nevada, and notwithstanding any other provision of law, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow: 1. The confiscation of a firearm from a person unless the person is: (a) In unlawful possession of the firearm; or (b) Unlawfully carrying the firearm; or 2. The imposition of additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of: (a) Firearms; (b) Ammunition; or (c) Components of firearms or ammunition. (Added to NRS by 2007, 358) |
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Posted: 9/22/2016 1:57:36 PM EDT
[#13]
The biggest problems seem to come from outside agencies that come into an area to "help". They either bring their own laws with them or just figure its not my state, let the locals clean up the mess. |
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Posted: 9/22/2016 2:18:54 PM EDT
[#14]
Quote HistoryQuoted:
This is true also. Doing it in a densely populated area is different than securing a large rural area. If the powers that be take an interest on you as an individual, they can still do whatever and say "take it to the court". I hope that you have eleventymillion dollars to dispute them legally.  Having the ability to replace the shit they snatch with serviceable weapons is a better immediate solution.
Quote HistoryQuoted:
Quoted:
They don't have anywhere near the manpower to enforce it outside of urban areas and maybe a hot spot or two anyway. This is true also. Doing it in a densely populated area is different than securing a large rural area. If the powers that be take an interest on you as an individual, they can still do whatever and say "take it to the court". I hope that you have eleventymillion dollars to dispute them legally. Having the ability to replace the shit they snatch with serviceable weapons is a better immediate solution.
And that's why "If it's time to bury them it's time to use them" is bullshit. Yesterday was the day to bury them. Plan A might be "Die in a hail of gunfire as the first resister" but if you mess that up "Go dig up my backup guns" is a better Plan B than "Sit there with your dick in your hand after watching the police take everything." |
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Posted: 9/22/2016 2:20:40 PM EDT
[#15]
Quote HistoryQuoted:
Martial law is when the IED's and booby traps come out and military gets the shit shot out of them. Quote HistoryQuoted:
Quoted:
Quoted:
This is Alaska's law.... AS 26.23.205. Confiscation of Firearms. (a) A person convicted of official misconduct under AS 11.56.850, or interference with constitutional rights under AS 11.76.110, as a result of confiscating, attempting to confiscate, or ordering the confiscation of a firearm, under color of law, during a disaster emergency, (1) forfeits any appointed government position and, if under the jurisdiction of the Alaska Police Standards Council, is subject to revocation of the person's police certification; (2) is subject to impeachment under art. II, sec. 20, Constitution of the State of Alaska; or (3) is subject to having the person's elected municipal office declared vacant under AS 29.20.170 or 29.20.280. (b) This section does not apply if the person is acting as a private citizen who has been directed to confiscate a firearm by another whom the person reasonably believes to be a peace officer or active member of the armed forces or militia. (c) A conviction described in (a) of this section is an offense involving a violation of the oath of office for purposes of AS 29.20.170 or 29.20.280. Do you understand what Martial Law is? Martial Law is the military pointing a gun at you and telling you what the law is. Martial Law is might makes right. Martial Law is whatever the CO and the troops willing to follow his order says the law is. Martial Law isn't law books and statues. Martial Law is do what the soldiers tell you before they fucking shoot your ass. Then you learn what scorched earth is about when the hellfires, A10s and AC130s crank up. |
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Posted: 9/22/2016 2:28:13 PM EDT
[#16]
It all depends on if those tasked with the disarming are willing to comply with the orders, and of course the outcome of the inevitable civil war it would start.
The victors write the history books. 
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Posted: 9/22/2016 2:28:53 PM EDT
[#17]
Quote HistoryQuote HistoryQuoted:
Quoted:
You're one bad hurricane away from finding out. OP didn't learn from Katrina?  http://youtu.be/-taU9d26wT4Completely fucked up. At least some got them back, but had to pay dearly, I'm sure. |
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Posted: 9/22/2016 2:32:52 PM EDT
[#18]
Quote HistoryQuoted:
Yes there are. The owners of the site would rather they not be explored here. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
They don't have anywhere near the manpower to enforce it outside of urban areas and maybe a hot spot or two anyway. This is true also. Doing it in a densely populated area is different than securing a large rural area. If the powers that be take an interest on you as an individual, they can still do whatever and say "take it to the court". I hope that you have eleventymillion dollars to dispute them legally. Having the ability to replace the shit they snatch with serviceable weapons is a better immediate solution.
There are other options too. Yes there are. The owners of the site would rather they not be explored here. What? A well organized armed insurgency? Talking about things that have happened in the past and possible COAs that some may choose to take in the future is not against the COC. 
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Posted: 9/22/2016 2:41:30 PM EDT
[#19]
Quote HistoryQuoted:
Completely fucked up. At least some got them back, but had to pay dearly, I'm sure. Quote HistoryQuoted:
Quoted:
Quoted:
You're one bad hurricane away from finding out. OP didn't learn from Katrina? http://youtu.be/-taU9d26wT4Completely fucked up. At least some got them back, but had to pay dearly, I'm sure. 
I was there with my unit for 5 weeks. We didn't disarm anybody. We actually ran into people that stayed through the storm. Brought them MREs and checked up on them daily. There was one time where some of our guys were doing over watch in a commercial area that was being looted. A guy walked up on them about 0200 in the morning and when our guys challenged him he pulled a gun. He dropped it when he saw 12 M4s pointed at him and ran off. Other than that we had a good relationship with the locals and when we searched houses for survivors or more often than not, drowning victims, we didn't mess with their property. |
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Posted: 9/22/2016 2:52:29 PM EDT
[#20]
Quoted:
I want to know what you guys think about constitutionality vs law and what exactly could happen after Martial Law is declared. I have only been around since 91, but from the looks of it none of you seems to have seen the country in a worse condition than now. not at my house |
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Posted: 9/22/2016 3:14:12 PM EDT
[#21]
I found the NRA YouTube videos to be problematic for the Govt.
An Emergency has been declared (it's not in a WAR situation). Someone.......apparently gave the order to disarm Americans. Beyond the 2A question(s)...... The Police/Military/Whomever takes your personal property (in this case, guns). IMHO, they should at least issue a receipt to you. You know. So, you can get your stuff back, eventually. But if no receipt was issued....how are you suppose to get your property back or the value of your seized property back? Humm........without a receipt, how do you even begin to make a claim? Who will listen? YES, they (whomever it was) are no longer doing a lawful/law enforcement function if it's happening without a receipt. Obviously, THAT is a problem going forward. The lesson needs to be about accountability at this point. Where are the investigations into wrongful conduct and where are the lawsuits? Aloha, Mark |
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Posted: 9/22/2016 3:17:52 PM EDT
[#22]
Quoted:
I want to know what you guys think about constitutionality vs law and what exactly could happen after Martial Law is declared. I have only been around since 91, but from the looks of it none of you seems to have seen the country in a worse condition than now. You are as free as they allow you to believe you are. Nobody can take your guns while you are alive. |
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Posted: 9/22/2016 3:18:19 PM EDT
[#23]
Quote HistoryQuoted:
I was there with my unit for 5 weeks. We didn't disarm anybody. We actually ran into people that stayed through the storm. Brought them MREs and checked up on them daily. There was one time where some of our guys were doing over watch in a commercial area that was being looted. A guy walked up on them about 0200 in the morning and when our guys challenged him he pulled a gun. He dropped it when he saw 12 M4s pointed at him and ran off. Other than that we had a good relationship with the locals and when we searched houses for survivors or more often than not, drowning victims, we didn't mess with their property. Did you guys have bullets in your M-4s? I know the Nasty Girls in Los Angeles during the King Riots didn't. |
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Posted: 9/22/2016 3:18:34 PM EDT
[#24]
Quote HistoryQuoted:
There are lots of state laws that prohibit confiscation of arms during states of emergency/disasters. However, the essence of martial law is the closure of the courts and suspension of Habeas Corpus. Therefore under ML the authorities can seize anything including your person and you have no place to seek redress except in whatever drumhead proceeding the authorities establish - if any. Your choices are to submit or to resist by evasion or force of arms. Yep. |
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Posted: 9/22/2016 3:19:14 PM EDT
[#25]
Quoted:
I want to know what you guys think about constitutionality vs law and what exactly could happen after Martial Law is declared. I have only been around since 91, but from the looks of it none of you seems to have seen the country in a worse condition than now. Under martial law the constitution doesn't apply. |
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Posted: 9/22/2016 3:22:37 PM EDT
[#26]
Quote HistoryQuoted:
Then you learn what scorched earth is about when the hellfires, A10s and AC130s crank up. If it is a widespread thing the A10 and A130 pilots would probably be focused on the safety of their family. |
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Posted: 9/22/2016 3:23:45 PM EDT
[#27]
Quote HistoryQuoted:
It is that simple. Any other answer is un-American. Quote HistoryQuoted:
Quoted:
To be armed is a God-given right, not a man-given right, so yes you always have the right. When someone denies you that right, they are in the wrong. It is that simple. Any other answer is un-American. i never got any guns from my church,,,where is god handing out those ar15 rifles? |
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Posted: 9/22/2016 3:28:14 PM EDT
[#28]
Does it make a difference what is constitutional or not?
Has the constitution previously stopped the U.S. Gov't or individual states from enacting erroneous laws in the past? They selectively use the constitution to their advantage. |
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Posted: 9/22/2016 3:34:49 PM EDT
[#29]
What does the Constitution say?
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Posted: 9/22/2016 3:37:26 PM EDT
[#30]
Why does it even matter? This gov't has been out of control with and w/o Hussein for years and years. They can pretty much do whatever they want with little or no interference.
  
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Posted: 9/22/2016 3:37:41 PM EDT
[#31]
Quote HistoryQuoted: NEVADA NRS NRS 414.155 Limitations on emergency powers relating to firearms. Pursuant to Amendment II of the Constitution of the United States and Section 11 of Article 1 of the Constitution of the State of Nevada, and notwithstanding any other provision of law, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow: 1. The confiscation of a firearm from a person unless the person is: (a) In unlawful possession of the firearm; or (b) Unlawfully carrying the firearm; or 2. The imposition of additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of: (a) Firearms; (b) Ammunition; or (c) Components of firearms or ammunition. (Added to NRS by 2007, 358) Thanks |
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Posted: 9/22/2016 3:39:52 PM EDT
[#32]
Quote HistoryQuoted:
Rumor is, that hippies really like marshall law marshmallaw.  
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Posted: 9/22/2016 3:46:10 PM EDT
[#33]
Quote HistoryQuoted:
Did you guys have bullets in your M-4s? I know the Nasty Girls in Los Angeles during the King Riots didn't. Quote HistoryQuoted:
Quoted:
I was there with my unit for 5 weeks. We didn't disarm anybody. We actually ran into people that stayed through the storm. Brought them MREs and checked up on them daily. There was one time where some of our guys were doing over watch in a commercial area that was being looted. A guy walked up on them about 0200 in the morning and when our guys challenged him he pulled a gun. He dropped it when he saw 12 M4s pointed at him and ran off. Other than that we had a good relationship with the locals and when we searched houses for survivors or more often than not, drowning victims, we didn't mess with their property. Did you guys have bullets in your M-4s? I know the Nasty Girls in Los Angeles during the King Riots didn't. Most, if not all of us, had at least 1 full mag. |
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Posted: 9/22/2016 3:48:03 PM EDT
[#34]
Don't give trump any ideas
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Posted: 9/22/2016 3:49:59 PM EDT
[#35]
Quote HistoryQuoted:
What does the Constitution say? "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." |
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Posted: 9/22/2016 4:48:28 PM EDT
[#36]
According to wiki, it has not been used since the early 60's, when Alabama governor used it in response to civil rights affairs.
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Posted: 9/22/2016 4:54:08 PM EDT
[#37]
Nope. They won't be able to hold their own.
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Posted: 9/22/2016 5:00:54 PM EDT
[#38]
It gives them the ability to try to disarm me. The
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Posted: 9/22/2016 6:03:17 PM EDT
[#39]
Quote HistoryQuoted:
Well, In my recent experience, it was the State Police that were running rampant. I'm sure if they saw someone with a gun they'd disarm him and arrest him for any number of vague charges. They had enough guys in the field that as soon as someone reported a disturbance, a swarm of cops would arrive, eager to get a little stick/taser time. See my above photo. When the Governor declared a mandatory evacuation area, around 40 square miles, the Guard guys went to each property and reported anyone they saw. The State police arrived to immediately escort ranchers off their properties. Are you gonna tell a Trooper, wearing body armor and carrying an AR, pistol, radio, etc., and who just reported your presence to dispatch, that you aren't leaving just yet? Cause if you do, he is gonna remove you by force. And if you're wearing a pistol, chances of getting shot are excellent. In today's society, I don't think most cops have any real fear of being prosecuted for any crime they commit except in very rare instances. Quote HistoryQuoted:
Quoted:
Who exactly is going to disarm us? Military? No. Locals? Good luck with that. Before they get to that step they will be busy trying to stave off the masses. Ain't gonna happen. Well, In my recent experience, it was the State Police that were running rampant. I'm sure if they saw someone with a gun they'd disarm him and arrest him for any number of vague charges. They had enough guys in the field that as soon as someone reported a disturbance, a swarm of cops would arrive, eager to get a little stick/taser time. See my above photo. When the Governor declared a mandatory evacuation area, around 40 square miles, the Guard guys went to each property and reported anyone they saw. The State police arrived to immediately escort ranchers off their properties. Are you gonna tell a Trooper, wearing body armor and carrying an AR, pistol, radio, etc., and who just reported your presence to dispatch, that you aren't leaving just yet? Cause if you do, he is gonna remove you by force. And if you're wearing a pistol, chances of getting shot are excellent. In today's society, I don't think most cops have any real fear of being prosecuted for any crime they commit except in very rare instances. What happens when you're wearing plates and have a better AR? |
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Posted: 9/22/2016 6:14:59 PM EDT
[#40]
Quote HistoryQuoted: What happens when you're wearing plates and have a better AR? Quote HistoryQuoted: Quoted: Quoted: Who exactly is going to disarm us? Military? No. Locals? Good luck with that. Before they get to that step they will be busy trying to stave off the masses. Ain't gonna happen. Well, In my recent experience, it was the State Police that were running rampant. I'm sure if they saw someone with a gun they'd disarm him and arrest him for any number of vague charges. They had enough guys in the field that as soon as someone reported a disturbance, a swarm of cops would arrive, eager to get a little stick/taser time. See my above photo. When the Governor declared a mandatory evacuation area, around 40 square miles, the Guard guys went to each property and reported anyone they saw. The State police arrived to immediately escort ranchers off their properties. Are you gonna tell a Trooper, wearing body armor and carrying an AR, pistol, radio, etc., and who just reported your presence to dispatch, that you aren't leaving just yet? Cause if you do, he is gonna remove you by force. And if you're wearing a pistol, chances of getting shot are excellent. In today's society, I don't think most cops have any real fear of being prosecuted for any crime they commit except in very rare instances. What happens when you're wearing plates and have a better AR? |
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Posted: 9/22/2016 7:00:41 PM EDT
[#41]
Quote HistoryQuoted:
What? A well organized armed insurgency? Talking about things that have happened in the past and possible COAs that some may choose to take in the future is not against the COC.
Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Quoted:
They don't have anywhere near the manpower to enforce it outside of urban areas and maybe a hot spot or two anyway. This is true also. Doing it in a densely populated area is different than securing a large rural area. If the powers that be take an interest on you as an individual, they can still do whatever and say "take it to the court". I hope that you have eleventymillion dollars to dispute them legally. Having the ability to replace the shit they snatch with serviceable weapons is a better immediate solution.
There are other options too. Yes there are. The owners of the site would rather they not be explored here. What? A well organized armed insurgency? Talking about things that have happened in the past and possible COAs that some may choose to take in the future is not against the COC.
I would be interested in a COA other than shooting motherfuckers in the face. If the courts are no longer relevant and you curry the interest of dudes there to disarm you, I see the options at that point in time as pretty limited. |
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Posted: 9/22/2016 7:08:10 PM EDT
[#42]
Disarmament will always equal a deadly threat to me. Don't fuck around
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Posted: 9/22/2016 7:12:46 PM EDT
[#43]
Quote HistoryQuoted:
Yes there are. The owners of the site would rather they not be explored here. Quote HistoryQuoted:
Quoted:
<snip> There are other options too. Yes there are. The owners of the site would rather they not be explored here. QFT, on both points. |
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Posted: 9/22/2016 7:23:14 PM EDT
[#44]
Quote HistoryQuoted:
Then you learn what scorched earth is about when the hellfires, A10s and AC130s crank up. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
This is Alaska's law.... AS 26.23.205. Confiscation of Firearms. (a) A person convicted of official misconduct under AS 11.56.850, or interference with constitutional rights under AS 11.76.110, as a result of confiscating, attempting to confiscate, or ordering the confiscation of a firearm, under color of law, during a disaster emergency, (1) forfeits any appointed government position and, if under the jurisdiction of the Alaska Police Standards Council, is subject to revocation of the person's police certification; (2) is subject to impeachment under art. II, sec. 20, Constitution of the State of Alaska; or (3) is subject to having the person's elected municipal office declared vacant under AS 29.20.170 or 29.20.280. (b) This section does not apply if the person is acting as a private citizen who has been directed to confiscate a firearm by another whom the person reasonably believes to be a peace officer or active member of the armed forces or militia. (c) A conviction described in (a) of this section is an offense involving a violation of the oath of office for purposes of AS 29.20.170 or 29.20.280. Do you understand what Martial Law is? Martial Law is the military pointing a gun at you and telling you what the law is. Martial Law is might makes right. Martial Law is whatever the CO and the troops willing to follow his order says the law is. Martial Law isn't law books and statues. Martial Law is do what the soldiers tell you before they fucking shoot your ass. Then you learn what scorched earth is about when the hellfires, A10s and AC130s crank up. 
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Posted: 9/22/2016 7:24:45 PM EDT
[#45]
Why would the government disarm?
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Posted: 9/22/2016 7:27:36 PM EDT
[#46]
Quote HistoryQuoted:
Shake hands and go to Arbys for a roast beef sandwich ? Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Who exactly is going to disarm us? Military? No. Locals? Good luck with that. Before they get to that step they will be busy trying to stave off the masses. Ain't gonna happen. Well, In my recent experience, it was the State Police that were running rampant. I'm sure if they saw someone with a gun they'd disarm him and arrest him for any number of vague charges. They had enough guys in the field that as soon as someone reported a disturbance, a swarm of cops would arrive, eager to get a little stick/taser time. See my above photo. When the Governor declared a mandatory evacuation area, around 40 square miles, the Guard guys went to each property and reported anyone they saw. The State police arrived to immediately escort ranchers off their properties. Are you gonna tell a Trooper, wearing body armor and carrying an AR, pistol, radio, etc., and who just reported your presence to dispatch, that you aren't leaving just yet? Cause if you do, he is gonna remove you by force. And if you're wearing a pistol, chances of getting shot are excellent. In today's society, I don't think most cops have any real fear of being prosecuted for any crime they commit except in very rare instances. What happens when you're wearing plates and have a better AR? 
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Posted: 9/22/2016 7:29:46 PM EDT
[#47]
Right? No. Excuse, yes.
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Posted: 9/22/2016 7:41:31 PM EDT
[#48]
Quote HistoryQuoted:
"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Quote HistoryQuoted:
Quoted:
What does the Constitution say? "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." http://www.ar15.com/forums/t_1_5/1907451_.html |
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Posted: 9/22/2016 7:50:27 PM EDT
[#49]
I dont see how martial law could even be considered Constitutional. Suspending the Constitution effectively dissolves the U.S government, because it exists because of the Constitution and the consent of the governed. So if the feds declare marital law and suspends the Constitution, what law or entity do they adhere and are accountable to? |
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Posted: 9/22/2016 8:04:27 PM EDT
[#50]
Quote HistoryQuoted: I dont see how martial law could even be considered Constitutional. Suspending the Constitution effectively dissolves the U.S government, because it exists because of the Constitution and the consent of the governed. So if the feds declare marital law and suspends the Constitution, what law or entity do they adhere and are accountable to? There have been many instances of the use of the military within the borders of the United States, such as during the Whiskey Rebellion and in the South during the civil rights crises, but these acts are not tantamount to a declaration of martial law. The distinction must be made as clear as that between martial law and military justice: deployment of troops does not necessarily mean that the civil courts cannot function, and that is one of the keys, as the Supreme Court noted, to martial law. The martial law concept in the United States is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is related to the imposition of martial law.[url=https://en.wikipedia.org/wiki/Martial_law#cite_note-24][24][/url] Article 1, Section 9 of theUS Constitution states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congresspassed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. |
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