No Constitutional Authority for Perpetual Martial Law


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Posted by Ronny Holmes on September 11, 1998 at 20:18:05:

There is no constitutional authority for
sustaining a perpetual martial law, or
a perpetual martial rule. See Ninth and
Tenth Amendments, for strict rules of
constitutional construction.

On the contrary, the Framers identified
treason as warring on the several states,
and Congress has imposed the death penalty
on treason.

Martial law is a form of warring upon the
several states, particularly if it is
being perpetrated by the federal government.

Martial law has always been identified
as a temporary, short-term measure;
when the emergency is over, martial law
is terminated.

See pleadings in USA v. Looker, for further
details on these points.

Chief Justice Taney told Pres. Lincoln that
the President could not prosecute the Civil War
under martial law. See Ex parte Merryman
for authority.

Those who would defend an unending martial law
in America, are apologists for treason.


RH


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