Are The Democrat Governors Seizing Powers They Are NOT Allowed Under the US Constitution?
Is This What Martial Law Looks Like?
Item: New Jersey Governor issues order authorizing state authorities to commandeer personal services, real and personal property.[1]
Item: California & New York Governors shut down the two largest state economies in the USA.[2]
Item: Pennsylvania Governor shuts all gun shops as “non-essential” and the PA Supreme Court finds that action not in violation of the 2nd Amendment right to keep and bear arms; beer distributors, however, remain open.[3]
Item: Texas Governor reasserts de facto independence by requiring all visitors from the Northeast and Louisiana to undergo 14 day quarantine.[4]
Item: Hospitals to triage by denying elder patients treatment in New York.[5]
Item: American central bank promises “unlimited” liquidity. A tsunami of fiat dollars.[6]
Martial Law is “the imposition of direct military control of normal civilian functions by a government, especially in response to a temporary emergency such as invasion or major disaster, or in an occupied territory.”[7]
The Founders of the United States of America had considerable familiarity with Martial Law.
The King of England’s military occupied American cities and subjected patriots to summary “justice” without due process of law. The Declaration of Independence singles out the imposition of Martial Law among its catalogue of the King’s abuses that justified American independence: the King made “the Military independent of and superior to the Civil power…”[8]
Therefore, when it came time to write the Constitution limiting the powers of the new central government it is not surprising that there is no provision in the Constitution permitting Martial Law.
Late last month as part of the COVID Emergency Health Summit[9] I interviewed constitutional scholar and lawyer, Larry Becraft, JD (known to many of us as The Dean of the Patriot Lawyers). In that interview[10] we discussed the possibility and legality of Martial Law as a response to the declared pandemic. This article is based on that discussion and subsequent research.
Since there is no provision in the Constitution allowing Martial Law, how did President Lincoln seek to impose Martial Law?[11] How did President Wilson do so? How did FDR do so, going as far as incarcerating hundreds of thousands of American citizens of Japanese origin for years?[12]