Posted by MARTIN on September 13, 1998 at 23:48:41:
In Reply to: No Constitutional Authority for Perpetual Martial Law posted by Ronny Holmes on September 11, 1998 at 20:18:05:
Martial law or rule is a branch of the law of war which is a branch of the law of nations which never needed any constitution to exist.
Congress was given the power to define and punish offenses against the law of nations anyway.
Some say that the States were not lawful States under the law of nations.
One big reason we are still under martial law is that not many will study law.
Most people only have a religious belief that an old past-tense constitution is still law.
Executive orders are constitution (under roman based law) but not to those who assume the We the People constitution is implied.
: 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.
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