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[Editor's Note: The following post is by TDV contributor, Wendy McElroy]
Martial law occurs when the military or militarized law enforcement replaces civilian authorities in order to impose military rule during an emergency. Civil liberties are suspended. In the United States, a pivot point that signals martial law is the suspension of habeas corpus – the right to a hearing on whether an imprisonment is lawful. In practice, habeas corpus means a person cannot be imprisoned without legitimate charges and due process. The U.S. Constitution recognizes the suspension of habeas corpus as an identifying feature of martial law in Article I, Section 9, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
Obama is preparing to declare martial law in America. He may decide not to do so but it is a prepared option that requires nothing more than the say-so of one man. The necessary Executive Order has been authorized. The National Defense Resources Preparedness grants Obama power over “resources and services needed to support...plans and programs” in “the event of a potential threat to the security of the United States.” The grant of authority is so complete that it includes the ability to commandeer technology, industry, and the nation's other resources down to its “food resources, livestock resources, and the distribution of farm equipment and commercial fertilizer.”
The legal framework for martial law is in place.
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