Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Scoop 1

A governor has the authority to declare a state of emergency; this places all police under his control and voids all judicial rulings for the duration of the emergency. (Usually this is reserved for the aftermath of a hurricane, flood, riot, etc.) In effect, he rules by martial law.

Andrew Jackson and the judges (from a letter of Abraham Lincoln to Erastus Corning, June 12, 1863)

"After the battle of New Orleans, and while the fact that the peace treaty had been concluded was well known in the city, but before official knowledge of it had arrived, General Jackson still maintained military law. . .

"Among other things, a Mr. Louiallier published a denunciatory newspaper article. General Jackson arrested him.

"A lawyer by the name of Morel procured the United States Judge Hall to order a writ of habeas corpus to release Mr. Louiallier. General Jackson arrested both the lawyer and the judge.

". . .A day or two more elapsed, the ratification of the treaty of peace was regularly announced, and the judge and others were fully liberated.

"It may be remarked--first, that we had the same Constitution then as now; secondly, that we had then a case of invasion. . . and thirdly, that the permanent right of the people to public discussion, the liberty of speech and the press, the right of trial by jury, the law of evidence, and the habeas corpus, suffered no detriment whatever by the conduct of General Jackson. . ."

It would be up to the people, then, not the judges, after such a declaration, to decide if Bush exceeded his powers or wisdom in declaring a state of emergency, in order to prevent an innocent woman from being starved to death.


93 posted on 03/27/2005 12:31:13 PM PST by CondorFlight
[ Post Reply | Private Reply | To 81 | View Replies ]


To: CondorFlight
Read Federalist 78, by Alexander Hamilton.

On the Judiciary's being the weakest of the three branches of government, Hamilton wrote in No. 78 of The Federalist:

"The Judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution, because it will be least in capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The Legislature [Congress] not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The Judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may be truly said to have neither force nor will, but only judgment; and must ultimately depend upon the aid of the Executive arm even for the efficacy of its judgments. ... It can never attack with success either of the other two; and all possible care is requisite to enable it to defend itself against their attacks."

The entire Constiutional order in this country, including Florida, has been torn asunder by the judiciary, WITH the acquiescence of the executive and legislative branches.

What we see in Pinellas County, Florida is simply another manifestation of this.

This would never be permitted to happen if the American people were virtuous and demanded a stop to it. They have not (yet).

112 posted on 03/27/2005 12:40:23 PM PST by tomahawk (http://tomahawkblog.blogspot.com/)
[ Post Reply | Private Reply | To 93 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson