by Mary W Maxwell, LLB
Many panic-producing issues are in the air today: possible war with Russia or China, financial bankruptcy of some states or the US nation, imminent death for some people in whom the vaccine caused damage, water shortage, an increase in mind control (possibly connected to the 5G towers), and the loss of sovereignty to NATO. Everyone is overwhelmed. Could the president impose martial law?
As a device to make the martial-law discussion perky, I will pretend I am the US president. Of course, I will adhere to constitutionality, including US Supreme Court rulings that have interpreted the constitutionality of martial law.
Questions
What I am really asking here is: to what extent I, President Mary, can use violence against the American people? Can I instruct officers to use tear gas on demonstrators? Can I use dogs? How about ‘tasers? Drones? Can I announce a curfew on businesses? Can I force people to shelter in place? Can my officers enter homes and take property, such as food? Can I enforce evacuation in the face of, say, a volcano eruption?
Whom would I instruct — who are my “officers”? And which laws, made by Congress over the years, give me power to use violence, other than that which is specified in the Constitution? And do some of those laws violate the Con? If so, President Mary would not impose them. President Mary is a New Hampshire type.
To get the gist of the Founders intentions, we have to imagine what they, in 1787, saw as dangers to the Union. The Framers of the Constitution were easily able to imagine rebellion as a danger, and /or the takeover of a particular state by a tyrant. In 1787 (pre-Constitution), a small rebellion in Massachusetts, against tax collectors, was put down violently.
The first major rebellion occurred in the 1860s and is known as the Civil War. It was met not just with martial law, but with full war. The next example occurred in 1942 when Japanese Americans on the West coast were interned against their will. Recently, in 2013, when officials in Boston were conducting a manhunt for the Marathon bomber, so-called, there seemed to be martial law, but the governor of Massachusetts, Deval Patrick, had only “advised” people to stay home; neither he nor the feds ordered it.
Violence Authorized by the Constitution
The word “martial” means military. Per Article I, Sec 8, clause14, “The Congress shall have Power to … make rules for the Government and Regulation of the land and naval Forces.” But that has to do only with legislating for the behavior of military personnel — as found in the uniform Code of Military Justice, the UCMJ. If I, as president, put citizens under martial law, it essentially means that soldiers will boss them; the courts cannot preserve their rights
Can I do that? Yes, but only if Congress permits me to. Such has been the interpretation of martial law — it is not explicitly provided for, in the parchment. The whole deal on martial law is taken from Article I, section 9 which says: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of Rebellion or Invasion the public Safety may require it.” The habeas corpus writ is our general protection against being imprisoned without charges. Ergo, when that writ is suspended, the nation is experiencing martial law.
In 1942, when President Franklin Delano Roosevelt wanted to imprison (“intern”) persons of Japanese descent, he wrote Executive Order 9066. But he knew his limits and did not impose that EO until he got Congress’s permission. As part of that martial law, a young man, Fred Korematsu, disobeyed a curfew and was imprisoned.
Later, in 1984, Korematsu was exonerated — because the government had failed to produce exculpatory evidence which it had in file. Judge Marilyn Patel in California specified that she was ruling only on Korematsu’s innocence. She noted: “Thus, the Supreme Court’s decision stands as the law for this case and for whatever precedential value it may still have.” (I suspect that the Korematsu exoneration was intended for the very purpose of reaffirming that we can intern a group of American if we feel like lt.)
Let’s not forget that the executive branch never has authority to make law. Article II, which lays out all the president’s powers, is pretty thin on the ground. Sure, it says, in section 3: “He shall take care that the laws be faithfully executed” — which is a biggie (and he has, for decades, been scurrilously remiss about it!). But if he needs a law to be passed, he requests it from Congress, per Article I, sec 8, clause 18. (As a citizen, clause 18 is of course my favorite, but were I the Main Man, I would still respect it.)
“National Guard” — a Misnomer
Article II, sec 2, says of the president: “[He] shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States when called into the actual Service of the United States.”
Oh, what about the national guard? I just told you. Parchmentwise, it is called “the Militia of the several States.” And who may decide to call up that militia? Take a guess. Is it the president, as noted above as being their commander in chief when they are called into actual service?
No. He (or in my case, she) has to wait for Congress to call them. I quote Article I, sec 8, clause 15: “The Congress shall have Power … to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”
I note that in 2005, during Hurricane Katrina, Governor Kathleen Blanco of Louisiana did not accede to President Bush’s request to “nationalize” the situation in her state. Of course it should not have been Bush doing the asking. It should have been our Legislative branch, K?
In 1976, Congress passed the National Emergencies Act. Note the word national. Hitherto, it had been the prerogative of governors to deal with emergencies. They could call on their own national guard troops, or ask other governors to supply help. The Constitution does provide for the use of such troops, which were then called the militia, as distinct from the army.
(Undoubtedly the term “national guard” is a misnomer, and should be corrected. They are the Staes’ Guards.)
My Emergency Powers
Perhaps President Bush, during Katrina, was trying to use the National Emergencies Act. Today, as President Mary, I would have many emergency powers — but as Citizen Mary, I think most of them are unconstitutional and hence void. What makes them unconstitutional? They hand over to the Executive Branch some powers that belong to the Legislative Branch — which really means they belong to the People. Congress is not allowed to give away its powers (our powers).
Why did Congress come up with a National Emergencies Act in 1976? The alleged reason was that many emergencies had been on the books since WWII, yet had not been officially ended. This Act would clean-up that bookkeeping mess. But Congress’s new enactment erred — it says that allows a president can declare a national emergency and Congress must stay its hand for at least 6 months. What! Since, as we saw, the Constitution does not give the president emergency powers, this was an abdication. (It could be corrected now by Congress.)
And whatever happened to the provision so carefully made by the Framers of the Constitution: Article I, section 9: No money shall be drawn from the Treasury but in Consequence of Appropriation made by Law“? The codified wording of the National Emergencies Act, found in the United States Code (the USC) at 50 USC 1641, contains the following:
“(c) When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures.”
Congress abdicated the purse! The National Emergencies Act lets the president write big checks with no legislative supervision.
What about Tasers, Dogs, Forcible Entry, Etc?
Let’s switch focus now to the actual tactics in the field that could be used during martial law. The players would be soldiers, not local police. They have been trained for combat. It has not been part of their outlook to worry about the civil rights of the people they are rounding up or tossing into internment camps, as those people in war are the nation’s enemies not their own citizens.
During the Covid emergency, in Canada and Australia, we saw police use very rough tactics, even throwing a pregnant woman on the ground, and tear-gassing the elderly. Recently, during a massive rally in Canberra, Australian cops blatantly used the pain truck — which the US has used in Iraq. It causes a crowd to disburse, as it gives people a headache and/or some mental confusion.
American cops and prison guards have famously used brutality, in spite of constitutional protections. Even when a victim sues the government, citing the clear provisions of the Civil Rights Act, at 42 USC 1983, justice is rarely obtained. And that does not involve soldiers or martial law!
So what should we expect? I mean, what does the law say? Martial law is an extremely under-developed are of jurisprudence. I think most people get their education (miseducation) from television. They see brutality and sigh “Ho hum.” Once again, Congress is not doing its job, but neither is the judiciary.
I will cite but one case. A man named Albert Florence who was picked up for a traffic violation was strip-searched at jail. He objected all the way to the US Supreme Court but there it was decided that the jailer needed protection (if Mr Florence was carrying explosives or whatever).
With such a ruling on the books, I don’t see any relief coming from courts. People need to be reminded that here is nothing self-enforcing about the Bill of Rights. If one or more of the three branches of government lets us down, we can’t sit idly by. We gotta do what we gotta do.
Note: SCOTUS did come to our aid on this in 1931, and the ruling is still precedential. The case is Home Building v Blaisdell. “Emergency does not create power. Emergency does not increase granted power….” Just think how vast that statement is, and yet hardly anyone knows it exists.
My Day Job
I am not really a president. I am a legislator wannabe — currently on the Republican ballot for US House of Reps in New Hampshire’s District 1. My real Day Job, for the last 17 years or so, has been to work on these issues privately, as an activist and legal researcher.
In the last year we saw Canada and Australia practice martial law. I am not sure it was technically martial law, but it was brutal and in Canada’s case it violated the Charter of Rights. Australia does not have a Bill of Rights. I think most people — and this includes Americans, too — took their cue from the word “Emergency” and let the government get away with it. It’s hard to stand up to a proclaimedly moral leader who points out the dangers involved in the spread of a new disease.
I repeat, though, that the invoking of martial law does not include health matters, the US Constitution at Article I, sec 9, says “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of Rebellion or Invasion the public Safety may require it.” I also remind the reader that since this is part of Article I, which is the Legislature’s Article, ain’t gonna be no suspending of habeas corpus without Congress’s permission. As I said, FDR got Congress’ permission.
One should not feel at ease. Congress can be stampeded into thoughtless action. In October 2001 it passed the disgusting Patriot Act. I guess the reps and senators were afraid of being called sympathetic to terrorists. In 2020, even our doctors were afraid of tolerating vaccine hesitancy.
The New Hampshire Bill of Rights, in its Article 34, says: “No person can, in any case, be subjected to law martial, or to any pains or penalties by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the Legislature.” But that does not save a Granite Stater from federal martial law, as any conflict between a state’s constitution and the parchment gets resolved in favor of the parchment.
It is urgent to clarify to the public what the law says on martial law. It says no president can go it alone. I repeat Article I, sec 8, clause 15: “The Congress shall have Power … to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”
Congress can call forth the “National” Guard. Congress is the People. If a president wants to invoke martial law, he needs YOUR permission.
— Mary Maxwell’s website is ConstitutionAndTruth.com. Maxwell is the author of Prosecution for Treason and Keep the Republic, Kill the Takeover. She wants to hear from you at: MaxwellMaryLLB@gmail.com. There’s not much time left.
Dear Mary.
With utmost respect;
Bill gates,
Klaus and his WEF NWO FASCIST acolytes from 1991-2.
Fauchi
Our governments,
Our WHO ‘dictators’,
OUR AMA,
Our mass controlled NWO MEDIA AND ABC.
DO NOT GIVE A STUFF ABOUT our sovereignty and THE LAW AS WAS. They are not of us and do not care about humanity.
They are traitors here and anti-Australian.
They do as they are compromised to do.
Thank you, Nedski. You have now inspired me to look at Martial Law in a new way. Give me a few days to develop what the real Mary would do. I was being too, um, how can I say this, too constitutional.
But the Constitution has always got room for intelligent growth.
And I say that as an originalist.
Mary,
Buy a gun..
Mao would understand.
Hallelujah !!!
“SHOCK POLL: Nearly 3 in 10 Americans Believe It May ‘Soon Be Necessary to Take Up Arms’ Against the Government”
https://www.mediaite.com/tv/shock-poll-nearly-3-in-10-americans-believe-it-may-soon-be-necessary-to-take-up-arms-against-the-government/
Actually, Ned, I went for gun training yesterday in NH.
(Terry, don’t split a gut.)
The main thing the teacher said was “Never hover your finger on the trigger.”
Hmm. I’m afraid I’ve been hovering it for years.
Mary, here’s another one – don’t shoot at your target, shoot into it.
Three young Indians went to a village elder to find out why Hiawatha was such a good shot with the bow and arrow. The elder asked the first Indian, “There is an Eagle in the sky, what do you see?” – “I see the sky, the clouds and the Eagle.”
He turned to the second and asked the same question. The reply came back, “I only see the Eagle”.
He then asked Hiawatha the same question. The reply was “I only see the Eagle’s breast.”
Terry, – when rapid firing from helicopters on the annual donkey shoot I would only focus on where on my target i wanted to hit. If you sat back and tried to conventionally aim you would be too slow and probably miss. Any more than two shots to down a donkey was a no no.
Interesting; three out of ten.
The mystery is when the tippping point is reached.
However some more dripping of reality is required.
Biden is not Biden.
He has never moved into the Whitehouse,
Was not given the nuclear codes.
Washington DC as a separate corporation is broke.
Currencies are now mostly gold backed,
The oval room is presently a Hollywood mock up.
Basically, the military have run a sting operation and are in control …… to prevent a potential civil war.
All fun to watch, best movie in town. Hope the ending with credits is as hoped.
Try report 2844 at
X22Report.comB
Sorry, the B should be after as 2844b.
Drop the B from X22Report.com
I agree, we are undergoing a process I would call “stupification” where we become totally dependent on the Coles+Woolworths mall and UniversalBasicIncome, where all our information is to be filtered by AI, and our high priests are to be believed whatever rubbish they come up with. When we have become fully stupified we will believe vastly complex, tight and rigid systems of regulation are all there for our own good and we have no rights and need none because everything we need comes via the internet. It’s like a science fiction movie already with goon squads, compulsory injections, drones, mutant GMO’s, political figures such as Joe & Hunter Biden, etc.
Joe, I never till this moment thought of the mall as part of our world-decreasing mind control. But now that I recall that Frank Lowy was the Westfield Malls man, well….
Mary,
… and boss of the private central reserve bank of Oz for many decades.
His timing in selling Westfield brilliant, just in time before shopping went on-line. Wonder if he has shares in Amazon? Probably no need, he is loaded well above the combined toils of most locals in this krown kabal kolony now komunist with digital ID insanity.
The combined efforts of small business made Mr. Lowy.
Thirty years ago, 24sq.metres of shopfront was $600 per day at Westfield. Multiply that by seven or eight hundred shops in each complex, then multiply that by a hundred or so in five eye colonies.
Maybe I’m bitter for having been shafted on occasions. One even told me, that he wouldn’t even pay his mother. Whatever you do, don’t go to court for justice, may lose everything.
They got everything stitched up on all bases loaded.
Don’t forget LJ Hooker leads >>Trump (v) Epstein >>> real estate >>>>>who can buy what because of history(lil st james,doze,,Obama Martha Vineyard closed sale) >>>>>> everything but I digress
https://crimesofzion.blogspot.com/2007/05/frank-lowy-zionism-and-911.html
“Fifty days before 9/11, Larry Silverstein’s Silverstein Properties and Frank Lowy’s Westfield America secured a 99-year lease on World Trade Center Buildings One, Two, Four and Five. Silverstein already owned Building Seven, aka the Salomon building. The Port Authority of New York and New Jersey handed over control of the World Trade Center to Silverstein and Lowy on July 24, 2001, an “historic” agreement and “one of the largest privatization initiatives in history.”
Lowy leased the shopping concourse area called the Mall at the World Trade Center, made up of approximately 427,000 square feet of retail floor space. Silverstein and Westfield America insured the complex for $3.55 billion, but after the attacks of September 11 lodged a claim for $7.1 billion on the premise that each plane collision constituted a separate act of terrorism, doubling the payout. Most people know about “Lucky” Larry Silverstein’s part in 9/11 and his dubious connections to Binyamin Netanyahu et al, but not much has been reported on Lowy, so let’s have a look.
Frank Lowy is a Hungarian Jew who arrived in Palestine in 1945 to fight with the Haganah terrorist organisation in the Israeli “War of Independence”, later joining Israel’s Golani Brigade which was created in February 1948. In 1952 he moved to Sydney, Australia, where he started building shopping centers, before going on to work in investment banking in London, New York and Los Angeles. He co-founded the Westfield Group, which he still chairs. According to Wikipedia, “Westfield currently has interests in total assets worth A$41 billion, representing 121 shopping centres in four countries with over 10 million square meters of retail space. It is the world’s largest retail property group by equity market capitalization”. In California alone, he has overseen Westfield’s regional growth from 6 shopping centers to at least 59. At $3.8 billion, he’s ranked #2 in Forbes.Com’s list of Australia and NZ’s richest individuals – one of three men, all Jewish, who make up Australia’s wealthiest elites – and by the same standard is the 174th richest man in the world.
Lowy’s fondness for banking is not limited to the U.S. He’s a board member of the Reserve Bank of Australia, Australia’s central bank, which is the Australian version of the American Federal Reserve system and issuer of Australian banknotes. Lowy served a ten year term as director of the RBA.
Read on –
Lowy was a non-exec director as I recall but that means little, as with Jane Haldon they appear to be in some proportion go-betweens, JH now on the ANZ board too. Lowy and Triguboff have plenty of access to credit and between them are already corporate “owners” of many residents of Sydney. They would appear to be “well & truly” serving the same master, while looking after their own interests. The same master always effectively seems to go back to Zurich, otherwise why would they all be falling over themselves to implement CBDCs.
Seriously, our efforts without hardware will be effective as the Gaza boys throwing stones at tanks. They took the guns after PA, now they cost more than most can afford. Our only hope is in convincing their goon squads to truth, and with the consequences of the jabs that may be a possibility. The perpetraitos are few.
This one’s for you, Ant. Last week the mayor of Houston held a voluntary gun buyback. You hand in your gun, any type, and you get a gift certificate of $100.
Wise guy knows how to make guns by 3d. He makes dozen and turns them in.
“The man, who chose to remain anonymous, told Fox 26 that “the goal was not personal profit, but to send [Houston leaders] a message about spending $1 million tax dollars on something that has no evidence of any effect on crime.”
Grassy Knoll. Just watch from 2.28 to 2.56
“There’s a plot in this country to enslave every man, woman and child. Before I leave this high and noble office, I intend to expose this plot.”
John F. Kennedy
The last American president, 7 days before assassination.
You can see the drain cover 10 yards down from where they are standing. That is where the shooter (Jack Lawrence) shot the final blow.
Martial Law in the US of A
GOLD FRINGED FLAG –
The flags displayed in State courts and courts of the United States have gold or yellow fringes. That is your WARNING that you are entering into a foreign enclave, the same as if you are stepping into a foreign embassy and you will be under the jurisdiction of that flag. The flag with the gold or yellow fringe has no constitution, no laws, and no rules of court, and is not recognized by any nation on the earth, and is foreign to you and the United States of America. more information
MILITARY FLAG WITH THE GOLD FRINGE
Martial Law Flag “Pursuant to 4 U.S.C. chapter 1, §§1, 2, & 3; Executive Order 10834, August 21, 1959; 24 F.R.6865; a military flag is a flag that resembles the regular flag of the United States, except that it has a YELLOW FRINGE border on three sides. The President of the United States designates this deviation from the regular flag, by executive order, and in his capacity as Commander-in-Chief of the military. The placing of a fringe on the national flag, the dimensions of the flag and the arrangement of the stars in the union are matters of detail not controlled by statute, but are within the discretion of the President as Commander in Chief of the Army and Navy.” 34 Ops. Atty. Gen. 83.
President, Dwight David Eisenhower, by Executive Order No.10834, signed on August 21, 1959 and printed in the Federal Register at 24 F.R. 6865, pursuant to law, stated that: “A military flag is a flag that resembles the regular flag of the United States, except that it has a yellow fringe border on three sides.”
Read on –
http://www.apfn.org/apfn/flag.htm
How trade war and corporate debt could trigger a perfect storm……………..Read on –
https://www.investmentwatchblog.com/the-u-s-a-is-preparing-for-martial-law-and-total-military-oppression-economic-collapse-martial-law-the-storm-is-the-end-game/
Right Wing Watch reports on the extreme rhetoric and activities of key right-wing figures and organizations by showing their views in their own words. In this clip, Liz Crokin says the coronavirus outbreak is just a cover for the military to carry out the mass arrests that have been promised by QAnon.
Yeah yeah yeah… still waiting. Thanks for the reminder CC. Video 2 years old.
Well, Melbourne got a taste of what she was talking about.
Sure did. But so wanted the arrests?
Martial Law. The exercise of government and control by military authorities over the civilian population of a designated territory. Martial law is an extreme and rare measure used to control society during war or periods of civil unrest or chaos.
https://legal-dictionary.thefreedictionary.com/Martial+Law
The Police “Force” is an armed force which carries out the dictates of government.
Crazy Nancy the human false flag has now engineered a CCP blockade of US ally Taiwan, her supposed dividend is that she stands for democracy, Some say she was checking out their military. The audacity of a coup leader claiming to be for democracy has not escaped them, in fact they even call themselves “Democrats”. Who said Americans have an irony deficiency.
The overarching plan is to undermine and wreck the USA, whose greatest strength and weakness is USD hegemony. Those who say this or that war was about hegemony are not exaggerating. Specific wars have specific objectives, many about oil, but hegemony is what binds them all, it’s the unassuming mechanism that enslaves us, it’s one of the advances the Roman empire enjoyed, while the Egyptians were still using whips and real money, which made sense given they were at the end of the original silk road, the Nile river. Rome enforced the use of its currency, and taxed at any opportunity, this policy brought about the death of Jesus which we all know about.
The BRICS and the prospective junior brics, Argentina, Iran, Turkey and anyone else who dares are directly engaged in undermining USD hegemony which works in favour of the communo-fascists in Switzerland, who want to usher in the CBDCs to the Anglosphere, cyber hegemony. Crippling the USA, destroying the constitution and democracy, are desirable features of the Swabian plan.
So, are Crazy Nancy and the CCP working together to advance the interests of the Swabians or is any conclusion other than “pure coincidence” a conspiracy theory.
Rumble – 5G explaind – Radiation Poisoning is Causing Sickness Kevin Woodman
‘when officials in Boston were conducting a manhunt for the Marathon bomber, so-called, there seemed to be martial law, but the governor of Massachusetts, Deval Patrick, had only “advised” people to stay home; neither he nor the feds ordered it.”
That seems to be the dynamic of all such heavy-handedness.
Which kinda suggests that there really isn’t the will or the means to do the same thing on a national scale.
But it’s not exactly comforting to know that the grunts on the ground can go berserk whenever the see fit with no fear of official retribution
“Deval Patrick, had only “advised” people to stay home”
Actually I thought they were forcibly chucked out onto the street
Somehow I don’t think pulling out one’s own gun in such a situation would be such a capital idea
“the grunts on the ground can go berserk whenever the see fit with no fear of official retribution”
Which is actually exactly how the entire Country is being run
Bill Gates be damned
Woolies & Bunnings & endless bureaucracies & a few cops with personal issues is all that’s needed
There has never been a communist nation that has had a standard of living equal to a constitutional republic. When a nation goes communist, most people are reduced to bare survival and the few gather all the wealth and power. When the nation is destroyed, the oil on top flee to another host.