Martial law was recently imposed in Canada against peaceful protesters who were expressing their disapproval of government policies. Now is a good time to review our own Martial Law legalities that we don’t understand. The president can enforce military rule against citizens.
The U.S. Constitution allows for martial law in several ways. There are three types of martial law. Read the Supreme Court Cases Ex Parte Mulligan, 71 US 2, AND Luther v. Borden, 48 US 1.
AND even the Senate tells us we are under emergency law.
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”
Here are some basics:
1. The president is commander of the army and navy. The President alone can declare Martial Law without Congress.
In LIncoln’s Martial Law Code (the Lieber Code) a declaration of Martial Law is not even necessary. Government guns in the streets is sufficient notice that we are under Martial Law.
2. Only Congress, if it wants to, can suspend Habeas Corpus.
3. After the President declares martial law, Congress may pass martial law statutes, such as the ones you enjoy today. (standing army, home mail delivery, paper money, debt beyond the fiscal year, a central bank, States don’t pay debts with gold coin, FDR’s seizure of gold, IRS collects tax, there are no private banks, welfare, government pensions, government guns in the streets, government banned substances, forced quarantines, prescriptions required for drugs, divorce, forced IDs to travel, etc.)
4. Congress can constitute legislative tribunals. Don’t be fooled that they call themselves “courts”. Real courts are established (not constituted) by the judicial branch.
5. ALL amendments after the Bill of Rights are Martial Law amendments. There are two modes of proposing and ratifying Amendments. Only one of the methods allows “We The People” constituents, who created government, to convene and debate how we are to delegate our powers to the servants. The other mode is for emergencies when Congress determines that it is too dangerous for us masters to convene together.
6. The Amendments that say “Congress shall have power to enforce” (13, 14, 15, 18, 19, 23, 24, 26) take away rights from the states and cancel portions of State Constitutions. They are enforced by the federal government even if contrary to State constitutions. Judges in every state shall be bound thereby (Article 6, second paragraph).
7. If State judicial courts are open for business, they must protect you from federal martial law tribunals. See Ex Parte Mulligan, 71 US 2,
Here is my essay on Martial Law.