AMERICA HELD CAPTIVE — Part 6 — How to recognize martial law when you see it.

You are already under martial law. There is no requirement that it be declared.

  • A gold fringe flag is sufficient notice that you are under martial law.
  • Government guns in the street are sufficient notice that you are under martial law.

Perhaps you already know something about the martial law boot on your head.  After all, you cannot graduate from high school without studying your State’s Constitution and the National Constitution.  If you are not yet observant enough to notice a boot on your head, it is now time to remove your blinders. You might drown when the swamp rises.

IF YOU WERE OBSERVANT you would notice that the U.S. Constitution grants to the federal government only the 18 things they are authorized to do. And you would have read Article 6 second paragraph that says the U.S. Constitution is the supreme law of the land and judges in every State are bound thereby.

IF YOU WERE OBSERVANT you would notice that there are Amendments (13, 14, 15, 18, 19, 23, 24, 26) that require Congress to enforce them. These amendments are NOT self-enforcing as the supreme law that State judges are bound to enforce. Congress shall enforce them even if they are contrary to State Constitutions.  Also notice that Congress shall enforce them without any mention of the protection of a Grand Jury indictment required by the Fifth Amendment.  After all, Congress cannot delegate any judicial authority because they don’t have any.

These Amendments are enforced by martial law rule. States are bound to enforce the federal laws that are passed pursuant to these amendments, but not as the supreme law of the land. The 1968 Utah Supreme Court decision in Dyett v. Turner, 439 P.2d 266 has a critical examination of the problems of the 14th Amendment. The Utah Supreme Court justices said

“We feel like galley slaves chained to our oars by a power from which we cannot free ourselves, but like slaves of old we think we must cry out when we can see the boat heading into the maelstrom directly ahead of us;”

Photo credit: 1925 MGM silent film Ben Hur


  • You would notice that there is a standing army.1 And that the President is commander-in-Chief. 2
  • You would notice that States do not pay their debts in gold coins.3
  • You would notice that the paper money in your pocket are debt notes from a private bank. The Federal Reserve is a private bank.4
  • You would notice that banks pay interest. 5
  • You would notice that there are no other private banks.6
  • You would notice that the IRS that collects tax.7
  • You would notice that there is home delivery of mail. 8
  • You would notice that there is government welfare. 9
  • You would notice that there is a gold fringed flag in courtrooms.10 And that the flag is on a pole, not attached to the real estate (on the wall). 11
  • You would notice that there are government guns on police officers that patrol the streets. 12
  • You would notice there are government pensions.13
  • You would notice that the Senate tells us that we are under martial law. 14
  • You would notice that representatives in Congress are apportioned according to a Census that does not ask if you voted for Electors to the Electoral College. 15
  • You would notice that there are licenses to protect you from unlicensed barbers, unlicensed lemonade stands, barking dogs, etc. There are Government licensed Marriages, which can be divorced. And adultery is no longer a felony.
  • And you would notice that government determines which substances are banned.

ALL these can exist only under martial law.

photo credit: WikiImages 74010_960_720
Ever since the Civil War, the “powers that be” do not want to relinquish their power. They have perpetuated a continual series of national emergencies to maintain Martial Law Rule over us. Without which there can be no standing army.

The U.S. Constitution says that it is the Supreme Law of The Land.  Perhaps you have read your Constitution.  In your Constitution prior to the fourteenth amendment, the word Citizen is ALWAYS capitalized: Article 1, section 2 (twice), Article 1 section 3, Article 2, section 1, Article 3, section 2 (five times), Article 4 section 2 (twice) and the 11th amendment (twice). But, it is NEVER capitalized in the five occurrences within the 14th amendment. Or the four occurrences since then. Congress did not forget the proper use of the English language.  One refers to the proper title of the government’s Master. The other is a word for government property. Which one are you?

There are four types of martial law: Military law, Military government, martial law proper, martial law rule. The United States has been under marital law rule ever since the Civil War ended.  Presidents perpetuate it by continuing to renew national emergencies.

“‘Emergencies’ have always been the pretext on which the safeguards of individual liberty have been eroded — and once they are suspended it is not difficult for anyone who has assumed such emergency powers to see to it that the emergency persists.”
— Hayek, Law, Legislation and Liberty, Vol. 3, 1979, page 124.

Martial law authorizes many unconstitutional “benefits” that you see around you: paper money that is not backed by gold, the IRS, postal delivery beyond the post office, prosecutors who decide what crimes should be tried, 14th Amendment federal “citizenship”, a standing army, federal district courts, zoning regulations,  statutes passed by Congress that have nothing to do with the Constitution, Law Dictionary definitions that change at the whim of lawyers, Law Dictionary definitions that are different than ordinary Webster’s dictionary definitions. People over the age of 18 can be arrested for possessing alcohol. Wives can be arrested for their crimes, instead of their husbands being arrested. And all additional government programs beyond the 18 things the Constitution authorizes the U.S. government to do. Police can police the police. And don’t forget the “benefits” of surveillance, rendition, torture, not to mention civil asset forfeiture without any charges of wrongdoing and no chance for a trial. And perhaps even paved roads and welfare. All of these will disappear the moment a President fails to extend a national emergency.

Martial Law killed Christ. His only crime was confronting the Pharisees. He was never accused of violating any criminal law, and Pilate kept trying to release him. Martial law prohibited the Jews from executing anyone (John 18:31) and Pilate had washed his hands of any involvement in the persecution.

The apostles lived and died under martial law. The end times will not be any different.

Just as the European National Socialists’ Martial Law killed many in the 1930’s without any trials, so will America’s national socialists, who are already using Martial law, will eventually “kill” Christians without trials for refusing reverence to today’s Pharisees (according to Revelation 13:15 — the Greek word apokteino is never used for government executions).

Martial law is a convenient way to suspend civil and criminal laws and implement whatever controls are deemed necessary to control the conquered civilians.

Congressman Beck warned that an emergency declaration would cancel the Constitutional restrictions on congress. Congressman Beck’s comments about the Farm Bill published in the Congressional Record 1933:

I think of all the damnable heresies that have ever been suggested in connection with the Constitution, the doctrine of emergency is the worst. It means that when Congress declares and emergency, there is no Constitution. This means its death. It is the very doctrine that the German chancellor is invoking today in the dying hours of the parlimentary body of the German republic, namely, that because of an emergency, it should grant to the German chancellor absolute power to pass any law, even though the law contradicts the Constitution of the German republic. Chancellor Hitler is at least frank about it. We pay the Constitution lip-service, but the result is the same . . . But the Constitution of the United States, as a restraining influence in keeping the federal government within the carefully prescribed channels of power, is moribund, if not dead. We are witnessing its death-agonies, for when this bill becomes a law . . . there is no longer any workable Constitution to keep the Congress within the limits of its Constitutional powers.”


Perhaps you noticed that the Fifth Amendment requires a Grand Jury presentment to authorize a court to issue a search warrant or arrest warrant, but you never figured out how they get away proceeding without this.

Tribunals are constituted. Courts are established.  Don’t be fooled by tribunals calling themselves courts.

Article 1, section 8 authorizes Congress “To constitute Tribunals inferior to the supreme Court”. Congress does not have judicial powers. Congress cannot delegate judicial powers to the tribunals they constitute — because they do not have any such authority to delegate. Under martial law, these legislative tribunals have been allowed to get away with calling themselves courts. (Also notice the language. Tribunals are constituted. whereas Courts in Article 3 are established.) The Supreme Court in Article 3 can delegate judicial authority to the courts they establish.

Federal regional power is authorized by Martial Law. Before martial law existed there were only United States Judicial Districts, which were superior to state courts, and only considered constitutional questions. A good discussion of this is the US Supreme Court decision in Ableman v. Booth 62 US 506 (1858). The reason they only considered constitutional questions is because there could be no federal laws that apply to state Citizens, except for the three crimes mentioned in the Constitution. There is no other authority granted to the federal government that affects state citizens.

photo by Klaus
The martial law amendments shackle those who volunteer as 14th Amendment citizens. Congress enforces the amendments with appropriate legislation to force criminal jurisdiction on the States’ “courts” (tribunals).

State Citizens are not subject to federal laws other than the three laws mentioned in the National Constitution. By allowing the state court (tribunal) to hear your case you have availed yourself of  a federal statute.  The statute that created the criminal jurisdiction. The U.S. Supreme Court in Ashwander v. TVA, 297 US 288. at page 348, citing 3 other cases: “The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits”.

The Supreme Court will not hear your appeal.  That’s right!  By taking the federal benefit of their forced jurisdiction, you become subject to federal laws.  You have been assimilated. Resistance is futile. There is a boot stomping on your face forever.

After martial law was imposed the Federal District Courts (federal regional tribunals) were constituted inferior to state courts. Federal regional tribunals are Legislative “courts”, they cannot possess the judicial power of the United States when hearing statutory regional proceedings.

Federal Regionalism, if you accept it, will destroy the common law. States must protect true state citizens from federal regional venue and jurisdiction, unless the citizen has recognized such jurisdiction by his own act (by, for example, applying for a federal benefit).

Ever since we were duped into ratifying the 17th Amendment, congress is power hungry to expand its martial law rule and destroy the sovereignty of the several states. They will use the chaos that you see around you to destroy America and install a Dictatorship.

Are you protected from the federal courts?

After the Civil War, Mr. Milligan and three others were tried in federal court and sentenced to death. They appealed and the US Supreme Court agreed that IF the civilian courts are open for business then the federal martial law courts can have no jurisdiction over State Citizens. See the US Supreme Court’s decision in Ex Parte Milligan, 71 US 2.

An historical landmark plaque at the Courthouse in Huntington, Indiana proclaims the freedom from martial law by the 1866 U.S. Supreme Court’s Ex Parte Milligan:

… This decision, rising out of the Civil War, set a precedent which protects civilians from being tried in military courts, even in time of war, if the civil courts are open and functioning.”

By the way the IRS was created under martial law, and it exists only under marital law.

Every officer of government has sworn an oath to uphold and defend the law that created government. Article six allows for amendments TO, never an amendment OF, the constitution that created their office. If any legislator suggests an amendment of the constitution, he has denied the legitimacy of his government.

A judicial court is authorized to exist if the Constitution authorizes it under the Judicial Article.  According to the language of the Constitution, Judicial courts are established.  Legislative tribunals are not established, they are constituted. It takes an Act of Congress to bring a legislative tribunal into existence.  Do not be fooled that they are called courts.
There is no Act of Congress before 1948 naming any court “The United States District Court”, or “The United States Circuit Court of Appeals”. These two Courts did not exist before 1948.  In 1948 Congress enacted Title 28 USC into Positive Law.  This title creates courts that do not possess the judicial power of the United States.  They can be delegated legislative authority only, because the Constitution did not establish them.  They can only possess legislative authority, because the legislature created them. (such as Military jurisdiction — Again, a judicial court is established if the Constitution authorizes it under the Judicial Article).  They can possess the Military jurisdiction that  the martial law amendments  that “shall be enforced by Congress”.  Under Title 28 act of Congress these two courts were created by statute. Before 1948 it was impossible for these two Courts to  exist.). Again: Article 1, section 8 authorizes Congress “To constitute Tribunals inferior to the supreme Court”. Legislative tribunals are not judicial courts.

I should also remind you that under our U.S. Constitution, in 1798, Vice President Thomas Jefferson reassured the people of Kentucky that they were free from all federal laws, except for the three crimes mentioned in the Constitution, “and no other crimes, whatsoever”. He went on to say

“(and all other their acts which assume to create, define, or punish crimes other than those enumerated in the Constitution) are altogether void and of no force, and that the power to create, define, and punish such other crimes is reserved, and of right appertains solely and exclusively to the respective States, each within its own Territory.”

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1. Congress can only fund an army for two years — Article 1, section 8. And no state can keep troops or ships of war — Article 1, section 10.

2. There is a commander-in-chief only when the military is called into actual service. Article 2, section 2. Congress, not the President, calls forth the army and navy into actual service, Article 1, section 8.

3. Article 1 Section 10. No state shall make any thing but gold and silver coin a tender in payment of debts;

4. Lewis v. Federal Reserve (Link: ). Federal Courts know the Federal Reserve is not federal. The Federal Reserve is owned by the Class A member banks, who are in-turn ultimately owned by 10 European families.

The fifth plank of the Communist Manifesto requires creation of a national bank. In freedom loving countries, centralized banks have been forbidden since before Moses came down from the mountain and saw a golden calf.

5. Paying Interest is still a crime. It has not been punishable since 1913 but it is still illegal to pay interest. The U.S. Supreme Court ruled in a 1913 case, German Alliance Insurance Co. v. Kansas, 233 U.S. 389 at page 432 that “Moreover, interest laws were in their inception not a restriction upon the right of contract but an enlargement, permitting what theretofore had been regarded both as an ecclesiastical and civil offense. ”

6. U.S. Supreme Court in McCulloch v. Maryland,17 U.S. (4 Wheat.) 316 (1819) listed the power “to declare and conduct a war” 17 U.S. at 407, as one of the “enumerated powers” from which the authority to charter the Bank of the United States was deduced.

Private banks can pay interest too, but ever since 1869 they must also pay a 10% tax for this government granted privilege (see Veazie Bank v. Fenno 75 US 533). This is why there are no private banks left.

A declaration of martial law such as this one, is never necessary. Government guns in the streets is sufficient proof that martial law is in effect.
A declaration of martial law, such as this one during the Civil War, is never necessary. Government guns in the streets is sufficient proof that martial law is in effect.

7. Internal Revenue Manual (10-27-86), Ch. 1100, § 1111.2(3): “… the act of July 1, 1862 is the organic act of today’s Internal Revenue Service.”

This act was, and still is, “An Act to provide Internal Revenue and to pay the Interest on the public debt”, Approved July 1, 1862, Ch. 119, 12 Stat 432. This was the second federal act which imposed income tax. The first act to impose an income tax (called an “Income Duty” in the second act) was “An Act to provide increased revenue from imports to pay interest on the public debt, and for other purposes”, Approved August 5, 1861, Ch. 45, §§ 49, 50, 51, 12 Stat. 292, 309-310.

Commander In Chief Lincoln had already called forth the militia (Proclamation No. 3, April 15, 1861, 12 Stat 1258) and Martial Law was in force with the suspension of the Writ of Habeas Corpus in part of the country (Proclamation No. 7, May 10, 1861, 12 Stat. 1260) when both acts were enacted to provide for funds to execute the Civil War against the Southern States.

This Act of July 1, 1862, cited as the organic act of the IRS in the Internal Revenue Manual, created the Office of Commissioner of the internal Revenue to administer the income tax and other taxes.

One of the taxes to be administered by the Commissioner of the Internal Revenue was the Income Tax, which the act called an Income Duty. See An Act to provide Internal Revenue and to pay the Interest on the public debt, Approved July 1, 1862, Ch. 119, §§ 81, et seq., 12 Stat 432, 473.

The Internal Revenue Manual refers to this act as the Organic Act of the IRS is because the Internal Revenue Service is an extension of this one-man, with an assistant, Commission. The IRS exercises statutory martial law powers of the Office of The Commissioner of The Internal Revenue created in 1862.

IRS Manual pages 1117 through 1125 show Internal Revenue Districts existed in July 29, 1862. The first act authorizing an income tax while portions of the country were under martial law. [“An Act to provide increased revenue from imports to pay interest on the public debt, and for other purposes”, Approved August 5, 1861, Ch. 45, §§ 49, 50, 51, 12 Stat. 292, 309-310.] authorized the Commander in Chief to establish regional internal revenue “collection districts” This provision still appears in Title 26, USC 7621

THIS WAS DONE WHILE The Constitution (Article 4, section 3) prohibits the junction of parts of any two states, or separation of a State except with consent of the State legislatures and Congress combined.

There is no presidential proclamation creating internal revenue “collection districts” because they were established by military order as Commander in Chief. Volume 12 US Statutes At Large has many other examples of legislation to use military force to collect revenue.

The Commissioner of the Internal Revenue is an office created to collect taxes with the power of Martial Law.

San Francisco under martial law after the earthquake and fire of 1906
San Francisco under martial law after the earthquake and fire of 1906

Other examples of martial law proper since the Civil War include political uprisings of 1894 Chicago; 1899 Shoshone County, Idaho; 1902 Schuylkill County, Pennsylvania; 1903-1904 Colorado; and many natural disasters since San Francisco earthquake.  You may have noticed the house to house gun confiscation after hurricane Katrina and the house to house military searches after the Boston Marathon explosions.  And you may have experienced being pulled over by police with government guns for crimes that harmed no one, and without a grand jury indictment.

8, Delivery beyond the post office, even to a box in the same building is not a normal government function. Delivery beyond the government is available only during martial law. Even “General Delivery” is not general.

The postage on the envelope only covers the cost to deliver it from post office to post office, it does not cover any delivery to or from the post office. It does not pay for the costs when that envelope leaves the area behind the clerk’s desk and gets delivered to the receiver’s address, mailbox, post office box, mail slot, etc. This is a “free” service, a benefit of martial law.

The alternative to free mail delivery is to receive all Postal Matter either in general delivery, or through the general post office.

Free delivery started during the Civil War under Martial Law Authority on July 1st, 1863. It is a benefit of Martial Law. Before 1863, people would receive their mail by going to the local post office.

9. Intended to care for the Fourteenth Amendment citizens who had no way to provide for themselves.

10. The yellow fringe flag is a military flag.

The laws of Congress in Title 4 United States Code section 1 describe a United States Flag. There is no mention of yellow fringe. The national flag when representing the national civil jurisdiction has no yellow fringe on its borders.

But under martial law, the yellow fringe is required.

The 1925 Attorney General Opinion 34 OP ATTY GEN 483:

“The placing of the fringe on the national flag, the dimensions of the flag and arrangement of the start in the union are matters of detail not controlled by statute, but are with the discretion of the President as Commander and Chief of the Army and Navy.”
“Ancient custom sanctions the use of fringe on the regimental colors and standards, but there seems to be no good reason or precedent for its use on other flags.” The Adjutant General of the Army, March 28, 1924.

1959 President Eisenhower’s Executive Order 10834 as originally published in Federal Register at 24 FR 6865 specifies a U.S. flag without a Fringe border.

Army Regulation AR840-10, 1 October 1979 requires fringe to be used on their flags.

“2-3. Sizes and occasions for display,

b. national flags listed below are for indoor display and for use in ceremonies and parades. For these purposes the United States flag will be rayon banner cloth, trimmed on three sides with golden fringe, 2 1/2 inches wide. It will be the same size as the flags displayed or carried with it.

c. Authorization for indoor display.

(4) each military courtroom.

The display of yellow fringe is prohibited outside the federal military jurisdiction, according to Army Regulation AR840-10 1-c(4) and 1-6e(3).

“1-6 Restrictions. The following limitations and prohibitions are applicable to flags, guidons, streamers, and components.
e. Unauthorized use of official flags, guidons, and streamers or replicas thereof, including those presently or formerly carried by US Army units, by other than the office, individual, or organization for which authorized, is prohibited except as indicated in (3) below.
(3) Recognized United States Army Division associations…”

iStock_000016987882_small flag with fringe

11. The Attorney General Opinion also explains the history of pole mounted flags.

Courtrooms once displayed a non-fringed flag on the wall (attached to the real estate, which is appurtenant to the land) whereas a flag on a portable staff is planted by dismounted troops as an act of conquest.

What kind of court are you forced into?  Read the US Supreme Court’s decision in Ex Parte Mulligan, 71 US 2, and prove to yourself that the judicial branch of a sate government must protect its citizens from the federal military.

That’s right, the judicial branch of any state’s government must protect its Citizens from the yellow fringe flag. If your state supreme court is flying a yellow fringe flag (and it is), then you must confess that it is no longer protecting you from the flag it is flying.

YOU are under martial law.

The Lieber Code was Lincoln's Martial Law manual.
The Lieber Code was Lincoln’s Martial Law manual.

Yes, there is a boot on your face.

Nast cartoon of Democratic Party Platform 1868
The Democratic Party Platform of 1868

12. Back in the old days, it was never a government function to kill people without a trial, except in war – therefore a policeman had to provide his own sidearm if he wanted to defend himself. – the action of defending oneself is a private act, never a government act, and cannot be funded with public funds or equipment, except in war.

President Lincoln’s martial law code, the Lieber Code — Mr. Lieber was Lincoln’s martial law attorney who wrote it — states that a declaration of martial law is never necessary. The mere fact that there are government arms in the streets is sufficient notice that we are under martial law.  If government police officers are in the streets with government guns, then you are living under martial law. Again: a declaration of martial law is never necessary. Actions speak louder than words.

13. Grover Cleveland’s veto of government pensions June 21, 1886:

. . . I am so thoroughly tired of disapproving gifts of public money to individuals who in my view have no right or claim to the same, notwithstanding apparent Congressional sanction, that I interpose with a feeling of relief a veto in a case where I find it unnecessary to determine the merits of the application. . . . Every relaxation of principle in the granting of pensions invites applications without merit and encourages those who for gain urge honest men to become dishonest. This is the demoralizing lesson taught the people that as against the public Treasury the most questionable expedients are allowable.

14. According to Senate Report 93-549, written in 1973:

Since March the 9th, 1933, the United States has been in a state of declared national emergency. Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and control the lives of all American citizens”

15. Article 1 authorizes a census by which representatives and direct taxes are apportioned.  The 14th Amendment requires the proportion to be reduced by those who cannot vote for Electors.  For more information read my book Census: Mandatory or Voluntary

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In 1879, after the Reunification, congress passed the Posse Comitatus Act, which stipulates that federal troops cannot be used on US soil for law enforcement purposes.

In 2002, the federal government established for the first time, a North American Army command to use federal troops on US soil for law enforcement purposes. Its purpose is not to repel foreign invaders. Under the guise of Homeland Security, The United States Northern Command or US NORTHCOM was created for domestic operations.

NORTHCOM violates the Posse Comitatus Act.  The recently passed Insurrection Act (Title 10 USC, Sections 331-335), allows  “the president to use U.S. military personnel at the request of a state legislature or governor to suppress insurrections.” The Insurrection Act also “allows the president to use federal troops to enforce federal laws when rebellion against the authority of the U.S. makes it impracticable to enforce the laws of the U.S.”