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Title: Martial Law does NOT suspend Constitutional rights and liberties
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URL Source: http://thematrixhasyou.org/martial-law.html
Published: Mar 31, 2018
Author: staff
Post Date: 2018-03-31 22:56:52 by BTP Holdings
Keywords: None
Views: 217
Comments: 3
Martial Law does NOT suspend Constitutional rights and liberties Case law proves there are strict limitions of the powers of the Federal Government under the document known as: "The Constitution of the United States of America," WHICH INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING: EX-PARTE MILLIGAN , 4 WALL 2 (1866); "DECEMBER 17, 1866, Mr. Justice Davis delivered the opinion of the court:" "No graver question was ever considered by this court" " If there was law to justify this Military trial, it is not our province to interfere; if there was not, it is our duty to declare the nullity of the whole proceedings. The decision of this question does not depend on argument or Judicial precedents, numerous and highly illustrative as they are. These precedents inform us of the extent of the struggle to preserve liberty, and to relieve those in civil life from military trials. The founders of our government were familiar with the history of that struggle; and secured in a written constitution every right which the people had wrested from power during a contest of ages. By that constitution and the laws authorized by it, this question must be determined." "Time has proven the discernment of our ancestors; for even these provisions , expressed in such plain English words, that it would seem the ingenuity of man could not evade them, are now, after the lapse of more than seventy years, sought to be avoided. Those great and good men foresaw that troublous times would arise, when rulers and people would become restive under restraint , and seek by sharp and decisive measures to accomplish ends deemed just and proper; and that the principles of constitutional liberty would be in peril unless established by irrepealable law. The history of the world had taught them that what was done in the past might be attempted in the future. The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times , and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads to anarchy or despotism, but the theory of necessity on which it is based is false; for the government within the constitution, has all the powers granted to it which are necessary to preserve its existence, as has been happily proved by the result of the great effort to throw off its just authority." "It is claimed that martial law covers with its broad mantle the proceedings of this military commission. The proposition is this: That in a time of war the commander of an armed force (if in his opinion the exigencies of the country demand it , and of which he is to judge), has the power, within the lines of his military district , to suspend all civil rights, and their remedies, and subject citizens as well as soldiers to the rule of his will; and in the exercise of his lawful authority can not be restrained , except by his superior officer or the President of the United States . If this position is sound to the extent claimed, then when war exists, foreign or domestic, and the country is subdivided into military departments for mere convenience, the commander of one of them can, if he chooses, within the limits, on the plea of necessity, with the approval of the excutive, substitute military force for and the exclusion of the laws, and punish all persons as he thinks right and proper, without fixed or certain rules. The statement of this proposition shows its importance; for, if true, Republican government is a failure, and there is an end to liberty regulated by law. Martial law, established on such a basis destroys every guarantee of the Constitution and effectually renders the military independent of and superior to the civil power" ---- "The attempt to do which by king of great Britain was deemed by our fathers such an offense, that they assigned it to the world as one of the causes which impelled them to declare their independence. Civil liberty and this kind of martial law cannot endure together; the antagonism is irreconcilable and, in the conflict, one or the other must perish. This nation, as experience has proved, can not always remain at peace, and has no right to expect that it will always have wise and humane rulers, sincerely attached to the principles of the constitution. Wicked men, ambitious of power, with hatred of liberty and contempt of law, may fill the place once occupied by Washington and Lincoln ; and if this right is conceded, and the calamities of war again befall us, the dangers to human liberty are frightful to contemplate." "? it follows, from what has been said on this subject, that there are occasions when martial rule can properly be applied. If in foreign invasion or civil war the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of actual military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. A necessity creates the rule, so it limits its duration; for, if this government is continued after the courts are reinstated it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war."
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#1. To: BTP Holdings (#0)
He won his civil suit and was awarded $5. Lincoln's skull was ventilated by John Wilkes Booth. Come now, folks, too literate. Please get in style with the dumbed-down 21st century and spell it "MARSHAL" or "MARSHALL" law ;-} Looks like a great find -- must dig into it later on. _____________________________________________________________ USA! USA! USA! Bringing you democracy, or else! there were strains of VD that were incurable, and they were first found in the Philippines and then transmitted to the Korean working girls via US military. The 'incurables' we were told were first taken back to a military hospital in the Philippines to quietly die. – 4um
Your rights and liberties come from your creator at birth, the US Constitution just guaranties these rights. If the declare martial law and suspend the US Constitution, your rights and liberties still exist.
After Milligan's release from prison, he returned to his home and law practice in Huntington, Indiana.[31] In 1868 he filed a civil lawsuit in Huntington County, Indiana, seeking damages related to the Ex parte Milligan case.[32] Milligan's civil case was referred to the U.S. Circuit Court for Indiana at Indianapolis. Milligan v. Hovey, a two-week jury trial held in May 1871, named as defendants several men involved in Milligan's treason trial, including Alvin P. Hovey and Oliver P. Morton. Milligan hired Thomas A. Hendricks, a trial lawyer, former state legislator, member of Congress, future governor of Indiana and future Vice-President as his legal council in the civil suit. The defendants hired Benjamin Harrison, an Indianapolis lawyer and future U.S. president.[33] Milligan's civil suit was "the first major civil rights jury trial held before the federal courts."[34] At issue was what damages, if any, Milligan had sustained relating to Ex parte Milligan. Harrison portrayed Milligan as a traitor, while Hendricks focused on Milligan's "malicious prosecution and false imprisonment."[34] Milligan refused to admit his affiliation or actions with a seditious organization during the civil trial. The jury issued its verdict in Milligan's favor on May 30, 1871. Although Milligan sought thousands of dollars in damages, state and federal statutes limited the claim to five dollars plus court costs.[35]
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#2. To: BTP Holdings (#0)
#3. To: BTP Holdings (#0)
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