Military Pundits » Judicial Branch http://militarypundits.com Military folks talking about Political yolks Fri, 09 Sep 2011 17:54:10 +0000 en hourly 1 http://wordpress.org/?v=3.1.3 A Primer On Martial Law http://militarypundits.com/2009/08/a-primer-on-martial-law/ http://militarypundits.com/2009/08/a-primer-on-martial-law/#comments Mon, 31 Aug 2009 23:47:36 +0000 John http://militarypundits.com/?p=941

I got this in an email. It was written by Edwin Vieira, Jr. Edwin holds four degrees from Harvard: A.B. (Harvard College), A.M. and Ph.D. (Harvard Graduate School of Arts and Sciences), and J.D. (Harvard Law School). He probably knows what he is talking about.

By Dr. Edwin Vieira, Jr., Ph.D., J.D.
August 31, 2009
NewsWithViews.com

It is difficult these days not to come upon some pessimistic patriotic commentator expressing the fear that something called “martial law” may soon be imposed on this country, as the General Government’s response to a new “terrorist attack”, or to the economic and social chaos arising out of a collapse of the monetary and banking systems, or to some other dire event that frightens hapless Americans into trading a sure and certain loss of their liberties for a dollop of conjectural safety.

An optimistic patriot might scoff at such fears. But both pessimists and optimists typically share the same implicit first premise: namely, that the form of “martial law” they have in mind is legitimate. Most of the time, this is a rather glaring and dangerous error.

In legal analysis, definitions of terms make all the difference. And “martial law” can be defined in at least four ways:

·First, the term could denote the law that Congress may enact for governance of the Armed Forces and “the Militia of the several States”. This kind of “martial law” is plainly legitimate, because the Constitution delegates to Congress the powers “[t]o make Rules for the Government and Regulation of the land and naval Forces” and “[t]o provide * * * for governing such Part of the[ Militia of the several States] as may be employed in the Service of the United States, reserving to the States, respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”. [U.S. Const. art. I, § 8, cls. 14 and 16.] With respect to “the land and naval Forces” such “martial law” applies at all times. With respect to the Militia, it applies only when the latter have been “call[ed] forth * * * to execute the Laws of the Union, suppress Insurrections and repel Invasions”. [U.S. Const. art. I, § 8, cl. 15.] With respect to everyone else, though, it applies not at all. This absolute separation the Fifth Amendment confirms: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger”. “Martial law” (in this first sense), which may (but need not necessarily) dispense with “Grand Jur[ies]”, applies only to “the land and naval forces” and to the Militia in time of “War” (“repel[ling] Invasions”) or “public danger” (“execut[ing] the Laws of the Union” and “suppress[ing] Insurrections”), and to no one else.

It would be clearer, though, not to describe these matters as involving “martial law, but instead to refer to them with particularity (as the Constitution does) as, say, “rules for the government and regulation of the land and naval forces” and “rules for governing part of the Militia under certain conditions”. Then their application only to individuals in the Armed Forces (at all times and everywhere) and in the Militia (when “call[ed] forth” for the three constitutional purposes)—and their inapplicability to anyone else at any time, anywhere, for any reason—would immediately and always be beyond cavil.

If you care at all about the direction of the country, left or right, you should read the rest of this great essay HERE.

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Hopey-Change is nothing *NEW* http://militarypundits.com/2009/06/hopey-change-is-nothing-new/ http://militarypundits.com/2009/06/hopey-change-is-nothing-new/#comments Sun, 28 Jun 2009 17:42:23 +0000 Andy Wahl http://militarypundits.com/?p=826

Get this. 1948. With some minor changes it could be 2009… well, 2008 really. All too many already drank the brew and now we are seeing what it brings. Remember, in 1948 the United States had a national debt that was over four times the GNP as a result of WW-II. (And you thought we have a huge debt!) Our nation had a lot of choices to make.

Of course, most of the people who owned US Bonds then were Americans… not Chinese. But now we are waaaaay too smart to buy our own junk. Goes for cars, too.

There is not much on this earth that cannot be undone… except death and the passing of time. Most everything else can be undone… or perhaps fixed would be a better word. Make no mistake, though, the bottle of “ISM” has already been purchased and consumed by more than half of the population. Call it what you want… “liberalISM,” “socialISM” or whatever.

It’s funny that this actually came from a college. Nowadays, you’d be more likely to have a college or university produce a cartoon extolling the virtues of “ISM.”

It’s still nothing new. You know what is new?

So many people bought it.

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Let them have it http://militarypundits.com/2009/06/let-them-have-it/ http://militarypundits.com/2009/06/let-them-have-it/#comments Fri, 26 Jun 2009 19:33:34 +0000 Andy Wahl http://militarypundits.com/?p=819

Cap and Trade, “Healthcare Reform,” a new Supreme Court Justice. The Democrats have control of Congress and the White House. Americans gave it to them. Very often it feels as if liberalism is all the rage in the United States.

Let them have it.

You can’t stop it, anyway. We are still a year and a half from the next Congressional elections. Forestalling the “program” will only keep the horrible effects of the Democratic domestic agenda from fully taking hold before the next elections. They’re going to take what they want, anyway. Let them have it. Let them have what they want. You don’t have to vote for it. The time to vote is past. Sit back and watch them tear this mother down.

It won’t take long for those in the middle… those caught up in the “spirit of the moment,” those who were so easily convinced that our lives suck so much that we needed such “change” to feel the discomfort of the weight of government on their backs. Don’t let it be eased upon them, let it slam into all of our shoulders with the full weight of the overlord that is to become. Let us all feel the crushing weight of having those who would legislate against us for our own good succeed. It will happen, anyway. They have the votes… because many Americans didn’t.

Sit back, relax as best you can, and watch the show as America kicks her own ass. The “majority” has asked for a good asskicking, and they shall have it. You cannot stop them. Your next best hope is a year and a half away, and Dick Cheney is still taking point against the liberals and progressives. Rush Limbaugh is still shrilly crying out in ridiculous ways. Cheney has no credibility with the common American and Limbaugh is doing more harm than good. He makes so little sense to the average American that he is actually driving people away and helping the other side. The Tea Parties make an awesome statement, but they are not able to influence the liberal lawmakers who have all the votes they need without having to court the right.

The right doesn’t have a point man, or woman, who can coherently stand against the left. McCain is doing an admirable job. He’s the only one on his side of the aisle who is making reasoned statements. He’s also the “failed presidential candidate.” The liberals revel in the fact that there is no acceptable leader, none who anyone outside of the far right, will follow. McCain has been rendered moot. Republicans wouldn’t even vote for him. McCain wasn’t good enough for them.

So six million of them… or more… failed to vote. While Democrats turned out in unprecedented numbers, there were still millions fewer votes cast in 2008 than in 2004. Fewer votes cast! A minimum of six million Republicans failed to live up their responsibilities to vote.

You know that they did. Who didn’t hear Republicans claiming that there wasn’t really a Republican in the race? We all did. Well, that’s fine then. They made their little personal protest by not voting for anyone. In so doing, they screwed themselves and the rest of the country. It wasn’t just the presidency, it was Congress as well. If you are one of them who failed to get off their ass and vote, shame, shame on you!

The nation has spoken while a goodly portion of the right side of its brain was asleep. A single party has full control and has been running rampant. We had the equivalent of a national stroke, and we did it willfully. The checks and balances built in by the framers of the Constitution have had their hard work rendered useless by millions of petulant “Republicans.” While the left cries out that it has a mandate, all you have to do is look at the numbers. They didn’t have a landslide, millions stayed home and failed to vote. It wasn’t a victory of the left so much as a failure of the right.

Let them have their agenda. Let them have it. Let them have it all quickly so that we can feel the sting more fully and perhaps be woken up by the slap of oppression on our backs. Let us begin to feel the crushing “kindness and fairness” of liberalism. Let socialism begin to make an impact on our daily lives and let it come come quickly so that there is no creeping anesthesia… because this is going to hurt, and we as a nation deserve it. Find new leadership, as the left did, and back him or her.

Here’s a hint: Sarah Palin is not that point woman. She may be a player, but she is not the point woman. That bolt has been shot.

Perhaps the slap of overwhelming governmental control will awaken the nation (or enough of it) from its opiated state, quit selling its liberty for the siren song of governmental coddling, and vote again. Perhaps liberalism will finally show itself for what it is, perhaps strong men and women will never again lay down and let socialism walk over them, and the tree of liberty will again be refreshed. Do it before the memory of handing over our liberty for the sake of “safety” and being “taken care of” fades. Do while patriots still walk the earth and have strength in their arms.

We will always have our weak-minded. We will always have those who yearn for the government to take care of them, those who will gladly hand over their liberty for the mock safety of the blanket of government. There will always be those whose higher power is the government… it is their solution to the ills of the world.

Let them have it, and let us all taste it so that we will know the bitterness of it and remember. I am convinced that most of us will rebel against it, and a revolution of sorts will occur… people will remember why it’s important to vote, even if it is not a perfect choice… and those couch potatoes who protested McCain by sitting on their butts will realize that such self-destructive “statements” are never the answer to a threat to liberty. Perhaps they will show up and vote. We will have a chance to restore personal liberty and responsibility and reestablish some balance in Congress so that no one agenda can rule this nation in this way again. For now, there is nothing that anyone can do except interfere momentarily with the progress of the liberal agenda. That only softens the blow. We need to have it all crash down on us like a ton of bricks, as painfully as possible, so that there will be the will to roll it back.

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Where is the outrage? http://militarypundits.com/2009/05/where-is-the-outrage/ http://militarypundits.com/2009/05/where-is-the-outrage/#comments Fri, 29 May 2009 12:53:31 +0000 Bouhammer http://militarypundits.com/2009/05/where-is-the-outrage/

"The Justice Department was successful in obtaining an injunction that prohibits the defendant who brandished a weapon outside a Philadelphia polling place from doing so again…” So what does that mean? Did he promise never to show a weapon outside of a polling place again as long as Obama is in office?

I cannot believe the administration of HOPE and CHANGE and (excuse me while I puke in my mouth), TRANSPARENCY is dropping charges against visible and undeniable violations of the law by these idiots.

www.foxnews.com/politics/elections/2009/05/29/charges-black-panthers-dropped-obama/

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First, disarm the people. http://militarypundits.com/2009/02/first-disarm-the-people/ http://militarypundits.com/2009/02/first-disarm-the-people/#comments Fri, 27 Feb 2009 07:16:54 +0000 Andy Wahl http://militarypundits.com/?p=179

In what looked like one of those human viruses that occasionally make the rounds warning of a deadly computer bug that will wipe your hard drive and eat your RAM like sugar wafers, I found a warning today that sounded too ridiculous to be true.

It is.  Of course, that doesn’t mean it’s not true.   HR 45, The Blair Holt Firearm Licensing and Record of Sale Act of 2009 has been introduced.  It includes provisions that require licensing of any firearm that can be fed by a detachable feeding system (magazine,) fingerprinting of every purchaser, and the requirement to notify the Attorney General of your new address within 60 days of moving… just like a child molester.  You also agree to the automatic release of any mental health records, give the state Attorney General the right to demand a physical examination or mental health evaluation at the leisure of the government, and a certification by the applicant that they will keep the weapon(s) out of the possession of those under 18.

I guess that means no shooting with my 14 year old.  “Shooting?  Sorry, son, not until you’re 18.”

I wonder what the Army is going to do with the 17 year olds who join with parental consent.  (Actually, the government is exempt from the provisions of the entire bill.  I know.  I read it.)

Goodbye, Second Amendment; hello, first step to disarming Joe and Jill Sixpack. That’s okay… we’re in good company, Joe. Nothing at all to be concerned about.

“Any Jews still found in possession of weapons without valid licenses are threatened with the severest punishment.” – Berlin Police President, Count Wolf Heinrich von Helldorf, quoted in the New York Times, November 8, 1938.

Well hide me in your attic and call me Ann… I’m taking bets on what’s first after this; freedom of assembly or freedom of speech?

Freedom of association?

.

.

Liberty; it’s more than just freedom.

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