Is it part of his plan?
Mark Caserta: Editor Free State Patriot
When progressives begin to label conservatives as “neocons” and “conspiracy theorists,” we can generally be assured we’re on the right track. But liberal coddling of Barack Obama aside, we’d better become familiar with the facets of martial law and it’s reality in the U.S.
Martial law is an extreme measure whereby the government and military authorities exercise control over the civilian population of a designated territory. To a varying degree, and depending on the martial law order, certain civil liberties may be suspended, such as the right to freedom from unreasonable searches and seizures, freedom of association and freedom of movement. In some cases the writ of habeas corpus, which allows persons unlawfully imprisoned to gain freedom through a court proceeding, may also be suspended.
While martial law is not explicitly mentioned in the Constitution, the Supreme Court’s interpretation of Article 1, sections 8 and 9, declares that martial law, on a national level, must be declared by the president or Congress. If declared by a president, the “Posse Comitatus Act” of 1878, forbids military involvement in domestic law enforcement without congressional authorization.
It’s been argued that only Congress can declare martial law, since Congress alone is granted the power to suspend the writ of habeas corpus. But as commander-in-chief of the military, it’s also been argued the president can autonomously declare martial law. However, if Congress rejects the president’s declaration, it could set up a power struggle between the Legislative and Executive Branch that only the Judiciary would be able to resolve.
Sounds familiar doesn’t it?
Martial law has been instituted on a national level only one time in the United States. During the Civil War, Congress ratified most of the martial law measures declared by President Lincoln when he authorized Union military forces to arrest persons and conduct trials. Otherwise, the use of martial law has been limited to the states.
On the state level, a governor may declare martial law within their state as granted in the state constitution. Uprisings, political protests, labor strikes and riots have, at various times, caused several state governors to declare some measure of martial law.
Anyone believing the notion of martial law is far-fetched should consider the potential catastrophic scenarios this administration has already allowed to permeate U.S. borders. The Ebola virus, the threat of Islamic terrorism, and the potential financial collapse of our economy have all been heretofore avoided. And what if the welfare system crashed overnight and EBT and Medicaid/Medicare cards ceased to work? This financial impact on 35 percent of the population at the hands of government would not fare well.
Consider this: In September 2013, 70 federal agents in full body armor, carrying M-16s, raided the tiny Alaska gold mining town of Chicken, Alaska. They were from the Environmental Protection Agency looking for violations of the Clean Water Act!
Barack Obama hasn’t been very good at keeping his word, but he has successfully kept his focus on a singular objective – “fundamentally transform America.”
He now has only 19 months left to achieve it.
Mark Caserta is a conservative blogger, a Cabell County resident and a regular contributor to The Herald-Dispatch editorial page
Free State Patriot 