Posted on 03/13/2010 7:38:07 AM PST by 70th Division
Just wondering. Under what cercumstances can a president invoke Marshall Law. What happens under Marshall Law? Are all our rights gone? Is there a time limit? Who has to approve it?
“The state statute I linked to, however, is contrary to that Constitution... and so I _DO_ have a problem with that”
The problem, as I see it, arises from the fact that in every State there are laws, ordinances and edicts that directly conflict with both the U.S. and State Constitutions. People are arrested, fined or otherwise bullied every day of the week unjustly, and they have no recourse because the process of appeals is stacked in favor of the Government.
>If they go ahead with the Slaughter Rule, that right there is martial law. They have circumvented the Constitution at that point.
If they do that, the American people will have every right to march on Washington DC, armed. Seize the members of the Congress and try them for Treason, in their own courtyard. If they are found guilty, then hang them.
OR, because the law is [apparently] meaningless, they could skip straight to the hanging.
Either way, we’ll need to hold special elections for a new Congress.
And Congress could suspend “habeas corpus” under certain circumstances. The articles do not include suspending the Constitution, as if it is suspended, then as Norman pointed out, the Government is no longer in existence.
>>“The state statute I linked to, however, is contrary to that Constitution... and so I _DO_ have a problem with that”
>
>The problem, as I see it, arises from the fact that in every State there are laws, ordinances and edicts that directly conflict with both the U.S. and State Constitutions.
More restrictive laws, even those prohibited to the federal government by the Constitution, are NOT necessarily violations of the US Constitution. See:
Amendment IX.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
>People are arrested, fined or otherwise bullied every day of the week unjustly, and they have no recourse because the process of appeals is stacked in favor of the Government.
I quite agree. I think people SHOULD fight it... even if it is a “Doomed Cause.” I’m tempted, in fact, to open-carry on campus so that I CAN take legal action against the State. (Having the charge of misdemeanor by that law would, irrefutably, give me standing to challenge such.)
Interesting that you should bring up “bullying” as my state has a barratery statute:
http://www.conwaygreene.com/nmsu/lpext.dll/nmsa1978/9b0/efc5/f7bd/f7c9?f=templates&fn=document-frame.htm&2.0
Of course Congress cannot suspend the Constitution. But he implies that imposing martial law in and of itself constitutes such a suspension.
The Bill of Rights may be “inalienable,” but it is not “un-suspendible.”
The difference, of course, is between temporary suspension, to deal with an extreme emergency, and permanent suspension.
“I really believe that Obama is itching to do this.”
Me too.
And 300,000,000 U.S. citizens living in the U.S. will let Obama do it as everyone sits on their hands whining.
I’m glad I don’t live in the States.
Sorry to disagree. There is enough ammo out there for every man and woman to have two 20 round boxes. We will not go quietly. And if Martial Law is invoked it is up to the states and the people. the feds have no control
Ref. your post #17.
Thank you for that information. I just e-mailed it posthaste to my family.
Listen,
These guys are doing whatever they want? Why are we still limiting the conversation about what Obama will do by the constraints of the Constitution? This guy and his gang of thugs ignore the constitution EVERY DAY!! Each and every day they do something specifically banned or illegal by the constitution. Examples? His usurpation of the office of POTUS, the GM and Chrysler bailouts (the TARP funds had very strictly defined uses, only for financial institutions which were specifically spelled out, yet he uses the money for car companies), the use of the Justice dept. as his personal attorneys, etc, etc, etc.
He and his cronies will declare martial law whenever he wants, with his historical disregard of the constitution with regards to it’s legality and its “supposed” return of power to the governed people.
He thinks the US is an infidel gov’t, that it is unjust and the constitution is it’s legal construct. Every move he makes goes directly to circumventing that document and instilling all power into “HIS” gov’t.
Lenin: National healthcare is the keystone to implementing a marxist/communist government.
Thank you.
“There is enough ammo out there for every man and woman to have two 20 round boxes.”
But the question becomes...is there the will use use it?
Ooopsie...correction:
is there the will use use it? = is there the will to use it?
Sorry.
A President can never evoke Marshall law, only a Marshall can do that. However, he can declare martial law if the emergency is big enough. I am not sure what definition is used for the emergency however.
If he can invoke it, we can shove it up his arse!
Definitely goggle-worthy
Your chosen nom de FR is 70th Division and you don’t know the difference between Marshall and martial?
The irony.
Read this post this week bringing up the same topic.
The Slaughter House Rule IS a Martial Law.
http://www.freerepublic.com/focus/f-news/2470154/posts
What Good Can a Handgun Do Against an Army.....?
http://www.freerepublic.com/focus/backroom/2312894/posts?page=242
Well one, maybe nothing. A million and we get their attention. We are fighting on our own soil. I do not think the army will fight their own citizens. Lets hope it does not come to that 2nd.
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