A Primer On “Martial Law”
  • Text size
  • Larger
  • Smaller

Dr. Edwin Vieira, Jr.
NewsWithViews
August 31, 2009

It is difficult these days not to come upon some pessimistic patriotic commentator expressing the fear that something called “martial law” may soon be imposed on this country, as the General Government’s response to a new “terrorist attack”, or to the economic and social chaos arising out of a collapse of the monetary and banking systems, or to some other dire event that frightens hapless Americans into trading a sure and certain loss of their liberties for a dollop of conjectural safety.



featured stories A Primer On Martial Law
soylent green featured stories A Primer On Martial Law
Whether or not the military personnel are following some specific “code of military law”, “martial law” in this sense purports to set aside the Constitution and all of the other “Laws of the Union” and to substitute therefore the orders of officers in the Armed Forces.

An optimistic patriot might scoff at such fears. But both pessimists and optimists typically share the same implicit first premise: namely, that the form of “martial law” they have in mind is legitimate. Most of the time, this is a rather glaring and dangerous error.

In legal analysis, definitions of terms make all the difference. And “martial law” can be defined in at least four ways:

·First, the term could denote the law that Congress may enact for governance of the Armed Forces and “the Militia of the several States”. This kind of “martial law” is plainly legitimate, because the Constitution delegates to Congress the powers “[t]o make Rules for the Government and Regulation of the land and naval Forces” and “[t]o provide * * * for governing such Part of the[ Militia of the several States] as may be employed in the Service of the United States, reserving to the States, respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”. [U.S. Const. art. I, § 8, cls. 14 and 16.] With respect to “the land and naval Forces” such “martial law” applies at all times. With respect to the Militia, it applies only when the latter have been “call[ed] forth * * * to execute the Laws of the Union, suppress Insurrections and repel Invasions”. [U.S. Const. art. I, § 8, cl. 15.] With respect to everyone else, though, it applies not at all. This absolute separation the Fifth Amendment confirms: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger”. “Martial law” (in this first sense), which may (but need not necessarily) dispense with “Grand Jur[ies]”, applies only to “the land and naval forces” and to the Militia in time of “War” (“repel[ling] Invasions”) or “public danger” (“execut[ing] the Laws of the Union” and “suppress[ing] Insurrections”), and to no one else.


Read entire article

Views: 59

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

My Good Movers is now a member of 12160 Social Network
11 hours ago
Doc Vega favorited cheeki kea's video
13 hours ago
Doc Vega posted blog posts
21 hours ago
tjdavis posted a video

Metropolis / The Western Lands - The Whore of Babylon

Clips from 1927 German silent film Metropolis with new soundtrack written by The Western Lands. Recorded from the 2007 live performance/film showing
yesterday
cheeki kea commented on Keisha Ruan's blog post I know she was 80 but whenever someone dies now I still go "Were they vaccinated for covid?"...Dolly made this song about it
"Dolly Folly and the Art Of Inveiglement.  "
yesterday
Doc Vega posted a blog post

Is There a Viable Form of Space Travel Aliens Have Already Beaten Us to?

Interstellar space was once considered to be simply a cold, empty vacuum, and a vast portion of the…See More
yesterday
tjdavis posted a video

EXPLOSION of "DISLIKE" for India Explained

⭐ Go to https://tryfum.com/BLACKPIGEON or scan the QR code and use code BLACKPIGEON to get your free FÜM Topper when you order your Journey Pack today.------...
Monday
Doc Vega posted blog posts
Sunday
tjdavis favorited Sandy's video
Friday
tjdavis favorited Sandy's photo
Friday
tjdavis favorited Sandy's photo
Friday
Less Prone commented on tjdavis's video
Thumbnail

COWBOY’S ISLAM SPEECH IS GOING VIRAL⚡️👏🏼 Islam Is Not Compatible With America

"Act now before it's too late. Stop the infiltration. Kick them out."
Sep 10
tjdavis's video was featured

COWBOY’S ISLAM SPEECH IS GOING VIRAL⚡️👏🏼 Islam Is Not Compatible With America

❤️Help me reach 160K Subscribers! Subscribe Now and Turn On Notifications!🔥CHECK OUT THE MERCH HERE: https://ali-tabrizi-shop.fourthwall.comMY SOCIALS:🔥Ins...
Sep 10
Less Prone favorited cheeki kea's video
Sep 10
Less Prone commented on Doc Vega's blog post The Exposure of the 9-11 attacks as an Inside Job! In Plane SITE!
"They keep fooling us until they are stopped. But how?"
Sep 10
Doc Vega's 7 blog posts were featured
Sep 10
Less Prone favorited Doc Vega's blog post The Exposure of the 9-11 attacks as an Inside Job! In Plane SITE!
Sep 10
Less Prone favorited Sandy's video
Sep 10
Less Prone commented on Sandy's video
Thumbnail

Eric moutsos What is Walmart allegedly doing?

"Leavy your mobile "smart" phone home when shopping, or shut it down and put it in a…"
Sep 10
Less Prone posted a photo

Very Stupid Poison Your Food.webp

Are we suicidal or what? Who is pushing this on us?
Sep 10

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted