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Unread 10-13-2019, 04:38 AM
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waybread waybread is offline
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Re: Martial Law: Elite Marines called to active duty 10/19/2019

Dear mods-- please bear with me. This post lays some groundwork-- the astrology follows up in the next post.

Thanks, Moonkat!

Quote:
Originally Posted by AJ Astrology View Post
Hi waybread,

Yes, it certainly does. The US Supreme Court has so stated on numerous occasions.

The body of the Constitution does five things:

1) establishes a republican form of government and guarantees that each State will have a republican form of government
2) establishes a federal system as opposed to a confederacy or unitary-State
3) creates a system of Checks & Balances between the federal government, the States and the People
4) creates a system of Checks & Balances among the three branches of the federal government
5) states the duties, responsibilities, power and authority of each branch of government.

The Amendments to the Constitution either place restrictions and limitations on government power, or grant the government certain powers.

Until the 14th Amendment, the Constitution did not apply to the States. It only applied to the federal government.
Nothing in the Constitution specifically authorizes martial law. The 10th Amendment, in the Bill of Rights (1791) gives rights not spelled out in the Constitution to the states or to the people.

Article 1, Section 9 of the US Constitution states, "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." Habeas Corpus deals with illegal confinement.

.Article II. sec. 2 makes the president commander in chief., but sec. 8 outlines the responsibilities of Congress in maintaining the armed services, including "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repeal Invasions." III.4 obligates the federal government to protect states from foreign invasion or domestic violence if the state legislature or governor so request. This can be done withtout the imposition of martial law.

I've tried to find the legal basis for the imposition of martial law in Hawaii after Pearl Harbour. Hawaii was then a territory, not a state, and the Organic Act of 1900 gave the governor broad powers. https://encyclopedia.densho.org/Organic_Act/ Roosevelt signed off on establishing military rule, probably on the grounds that 37% of Hawaii's residents were of Japanese descent. When a case testing its legality came before the Supreme Court, the justices ruled against military tribunals that stripped citizens of their rights.

Rather than place tens of thousands of clauses in the Constitution as you suggest, the Constitution enables Congress and the states to pass laws

It requires an act of Congress to declare war, but the executive branch has circumvented this constitutional requirement by declaring American troops to be advisors or peace-keepers or somesuch-- notably in Vietnam.

Quote:
Not only does a US President have inherent powers, so do cabinet members, in this instance the Secretary of Defense.

Each cabinet member by virtue of his/her position has certain inherent powers which are not subject to judicial review, even though those powers are not enumerated in the Constitution, because that would add another 200,000 pages to the Constitution to enumerate all of their inherent powers.
It is important to distinguish between the Constitution, federal, and state laws. The Constitution enables Congress and state legislatures to pass laws. Occasionally federal and state laws are challenged or overturned as being unconstitutional.

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The US Constitution does not say that the Secretary of Defense has the power to decide which military bases will be opened or closed or remain in operation, because that is a power inherent to the position.

The courts have no power to do anything about it, and neither does Congress, since all things military excepting a declaration of war are vested in the Executive Branch.

That's how it works.
Lets look at the facts. The issue is not adding thousands of pages to the Constitution. The issue is laws passed by Congress, as well as congressional oversight on the cabinet-level executive positions. More on base closures, which is not a process undertaken unilaterally by a cabinet secretary: https://fas.org/sgp/crs/natsec/R43425.pdf

Quote:
Any President as head-of-State or Commander-in-Chief or Chief Law Enforcement Officer has the power to declare a federal emergency or martial law or both and the courts and Congress can do nothing about it.

The only way that will change is with an Amendment to the Constitution that restricts or limits those powers.
This isn't entirely correct. A president engaged in a serious abuse of power could face legal challenges directed at his policies (vs. at the person) or perhaps removal from office-- which the Constitution provides for. President Trump, for example, has faced all kinds of legal challenges for the "emergency" of Latino mothers and children seeking refugee status. Presidential protections under federal law apparently do not apply to state laws in all cases.
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Last edited by waybread; 10-13-2019 at 04:43 AM.
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