What is the rationale behind the recent presidential authority signing of Martial Law obligation of military rule granting military authority on anurgent situation when the civilian government or civilian authorities fail to function to all intents and purposesto maintain order and security, and provide necessarycivic amenities and public services if disobedience of the law becomes widespread?
Legalizing martial law, the National Defense Authorization Act for Fiscal Year 2012 and the National Defense Authorization Act (NDAA) for Fiscal Year 2012 was signed into law this past December 31, 2011 by President Barack Obama without any widespread media news coverage to provide the scope of military forces deployed to secure government susceptible locations and to maintain order with the military personnel replace civil authorities of federal laws performing their functions.
Why has President Obama signing authorizing a declaration of martial law by the US military to perform law enforcement functions on Americans to enforce their rule over the public when threatened by protest to suppress political opposition? Martial law is imposed during conflicts and in cases of occupations.
Occupy Wall Street a protest movement against corporate greed from the middle classwhich began this past September in New York City organized by Canadian activist group Adbusters protest against financial, social and economic injustice, unemployment, the financial influence of major corporations particularly from the Federal Reserve and financial institutions. The protesters’ catchphrase“We are the 99%” refers to the growing income and wealth disparityin the US between the wealthiest “1%”and the rest of the population. Occupy proposed a peaceful occupation of Wall Street not political resistance against the federal government.
What was the single source that prompted president Obama to quietly without any fanfare sign full-scale martial law, the highest-ranking military take over as head of the government, thus removing all power from the previous executive, legislative, and judicial branches of government? There has never nor will there ever be absence of any civil government for an unstable population in the US, period at any level.
Since President Obama took office in 2009 Martial law has been on the president’sagenda thanks to the Bush Administration’s revisions of the Posse Comitatus Act of 1878 which granted limited deployment of the US military after Hurricane Katrina ripped through New Orleans in 2005. The Posse Comitatus act shall not employ “any part of the Army of the United States”, as a posse comitatus for the purpose of executing the laws unless force maybeauthorized by the Constitution or by an act of Congress. President was able skirt the entire Congressional voting power limiting it down to a selected few which granted the president full power to enact the new law.
In the aftermath of Hurricane Katrina, the State of Louisiana was declared under a State of Emergency. The City of New Orleans was ordered under martial law after widespread flooding and looting rendered civil authorityhopeless. The State of Louisiana does not have a martial law, but instead the state of emergency allows the governor to suspend laws, order evacuations, and limit the sales of consumer goods.
President Obama is single handedly changing America having the authority to make moves to streamline at all branch levels of government. In my opinion any American difference of opinion are forbidden, violating freedom of speech and conscience, government stimulus bailouts, attempting yearlong schooling within the education system, use of healthcare reform to target the elderly, imposing a fine on anyone not accepting healthcare coverage even urged fellow citizens to tattle tale with a website any challengersof Obama’s healthcare bill and private sector companies like Fannie Mae and Freddy Mac are now under the direct control of the President.
President Obama signed Martial Law as the National Defense Authorization Act for Fiscal Year 2012 (NDAA) on December 31, 2011. The Act authorizes more government overspending adding $662 billion in funding for the defense of the US and its “interests abroad.” After signing, President Obama stated the act as addressing national security programs, Department of Defense health care costs, counter terrorism within the US and abroad, and military modernization. The Act also enforcesnew economic sanctions against Iran(hasn’t been proven yet if they are producing Nukes) (section 1045), commissions reviews of the military capabilities of countries such as Iran, China, and Russia, and refocuses the strategic goals of NATO towards energy security.
The harshest provisions to receive wide interestcontained in the NDAA entitled “Counter-Terrorism,” deals with the detention of anyonethe government suspects of involvement in terrorism. The Authorization for Use of Military Force grants presidential authority for detention, the NDAA states that Congress “affirms this authority” and makes specific provisions to exercise that authority.Any US citizen arrested on American soil, including arrests made by members of the Armed Forces.
Not only does the bill, in sections 1031 and 1032, declare the unconstitutional right to detain Americans indefinitely without trial, but it authorizes an Internet offensive and online Pentagon takeover under the alleged reason of cyber security and stopping online piracy.
Two Congressional members voiced their concerns of the National Defense Authorization Act for Fiscal Year 2012 which legalizes or authorizes martial law in the United States. Colorado Democrat Senator Mark Udall stated “These provisions raise serious questions as to who we are as a society and what our Constitution seeks to protect.”
Republican Presidential candidate Ron Paul stated during an interview on the Alex Jones Show “this is a giant step — this should be the biggest news going on right now — literally legalizing martial law.”
As I did some serious research on the conditions that a President could issue martial law on the will of its people. I found a US Army War College Report which martial law could be introduced. Unforeseen economic collapse. Because of the current economic condition the country is in, President Obama is basically covering himself as the country continues in a downward spiral.
Loss of functioning political and legal order. With the Republicans and Democrats going at each other tooth and nails in Washington, the Republicans realize that the Constitution means nothing to President Obama, who has implied the need to remove freedom from the Constitution as outdated.
Purposeful domestic resistance or insurgency. Domestic terrorism, political uprising, riots across the country and rebellion against society. This I don’t think could transpire in America.
Pervasive public health emergencies and catastrophic natural and human disasters. Any persons quarantine suspected of having illnesses or swine flu, other viruses or diseaseslisted in an executive order. This gives President Obama the power to quarantine anyone as long as they have an illness he determines to be dangerous. These new regulations permit authorizingthe president to quarantine anyone that does not agree to be vaccinated which can cause serious medical complications.
The power of martial law accompanies curfews, the suspension of civil law, civil rights, habeas corpus, and the application or extension of military law subjected to military court-martial. Throughout the US history are several examples of the burdenof martial law.
During the War of 1812, martial law was declared in New Orleans by General Andrew Jackson. At the end of the war, Jackson maintained martial law, contending that there was no official word ofa ceasefire.
In 1892, Coeur d’Alene, Idaho, rebellious mine workers bombed a mill and shot at strike-breaking workers. The explosion demolisheda four-story building killing one person. Martial law was declared by the governor. Federal troops where ordered to back guardsmen. Of the 600 arrested, only 12 ring leaders were tried in military court. While in prison, the mine workers formed a new union, the Western Federation of Miners which was dissolved in1993.
In 1934, martial law was declared by California Governor Frank Merriam from riots at the San Francisco docks from a workers strike. The National Guard was called in to open the docks;martial law was avoidedwhen goods began to flow. The federal guards were permittedto make arrests then turn captivesover to the civil military courts.
There have been many instances of the use of the military within the US that martial law was not declared. The 1968 Democratic National Convention held in Chicago from August 26 to August 29, 1968. President Lyndon Johnson had announced he would not seek a second term. The convention was to select a new nominee to run as the Democratic Party’s candidate. The convention was held during a year of violence across the country. Civil unrest followed the assassination of Martin Luther King, Jr. and Democratic presidential hopeful Senator Robert F. Kennedy.
Chicago’s mayor, Richard J. Daley, planned to display his city’s achievements to national Democrats and the news media. Instead rioting took place between demonstrators and the Chicago Police Department, who were assisted by the Illinois National Guard. The riotswere well publicized by the mass media, with some journalists and reporters being caught up in the violence. CBS newsmen Mike Wallace and Dan Rather were both roughed up by the Chicago police while inside Democratic Convention.
The December 31 signing, distinction must be made as clear as that between martial law and military justice. The use of military troops does not necessarily mean that the civil courts cannot function, and that is one of the key questions to the new martial law. The lawtied with the right of habeas corpus, which is the right to a hearing on lawful imprisonment, by law enforcement, by thecourts. Habeas Corpus is associatedwith martial law.
Under habeas corpus the National Guard unless federalized, they are under the control of state governors.This was changed briefly by the “John Warner Defense Authorization Act of 2007” signed by President Bush in 2006, and allowed Bush to declare public emergency, station guards anywhere in America and take control of state ran National Guard units without the consent of the governor. This law was later repealed in 2008.
Did the December 31 martial law signing have the full body of Congress Congressionally authorized martial law? If so, does the new law authorize allow President Obama to suspend habeas corpus throughout the entire US, which was previously done in 1861 by Abraham Lincoln under his own authority. Lincoln declarationwas challenged by the Supreme Court ruledunconstitutional in areas where the local courts were still in session. Could the new law be unconstitutional?