Constitutional Emergency

America’s only remaining choices – civil disobedience or collapse

http://www.familysecuritymatters.org/publications/detail/americas-o...

America’s only remaining choices – civil disobedience or collapse

by LAWRENCE SELLIN, PHD June 27, 2015

http://www.familysecuritymatters.org/publications/detail/americas-o...

Thomas Jefferson quote law unjust

The United States no longer has, as the Constitution designed, a government composed of executive, legislative and judicial branches, separate, but equal in power.

The federal government is now an alliance of branches, devoted to the preservation of government itself, separate, not from each other, but from the American people and dedicated to tyranny.

The policies pursued by the Obama Administration and facilitated by cowardly politicians and a compliant media are not simply the intersection of radical ideology and incompetence, but a dangerous subversive element of an anti-American and anti-Western strategy.

Cultural Marxism and its many variants, such as political correctness and multiculturalism, is now firmly ensconced in the White House and the Democrat Party, while the Republican Party, dominated by eunuchs and the avaricious, continuously accommodates its "principles" to match an ever-shifting leftward movement of the "conventional wisdom." It does so solely in to maintain its place as the token opposition and grifter at the federal tax-revenue trough for the personal financial benefits that it provides.

After the successful 1917 communist revolution in Russia, it was widely believed that a proletarian revolt would sweep across Europe and, ultimately, North America. It did not.

As a result, the Communist International began to investigate other ways to create the state of societal hopelessness and alienation necessary as a prerequisite for socialist revolution - in essence, to destroy western democracy from within.

The single, most important organizational component of this conspiracy was a Communist think tank called the Institute for Social Research, popularly known as the Frankfurt School. The task of the Frankfurt School was first, to undermine the Judeo-Christian foundation of Western civilization that emphasized the uniqueness and sacredness of the individual and, second, to determine new cultural forms which would increase the disaffection of and division among the population.

Just as in classical economic Marxism, certain groups, i.e. workers and peasants, are a priori good, and other groups, i.e., the bourgeoisie and capital owners, are evil; in Cultural Marxism feminist women, racial and ethnic minorities and those who define themselves according to sexual orientation are deemed good and "victims" of societal injustice. Similarly, white males and "privilege" and, by extension, Western civilization, are automatically and irredeemably malevolent.

Sound familiar? It has been the playbook of the American left for over sixty years. The aim is not to solve social injustice or protect "rights, "of which the left can concoct an endless supply, but to undermine and topple Western democracy.

The new element in this formula, using the "enemy of my enemy is my friend" paradigm, is what David Horowitz described as an unholy alliance between leftists and radical Islam. They have been brought together by the traits they share - their hatred of Western civilization and their belief that the United States is the embodiment of evil on earth. While Islamic radicals seek to purge the world of heresies and of the infidels who practice them, leftist radicals seek to purge society's collective "soul" of the vices allegedly spawned by capitalism -- those being racism, sexism, imperialism, and greed.

That combination of these ultimately mutually exclusive, but temporarily useful, ideologies is arguably the modus operandi of Barack Hussein Obama and his inner circle with a larger cast of fellow travelers and useful idiots.

It is no surprise, then, that lying and secrecy have become the hallmarks of an administration immune both to facts and reason, plagued by contradictions and led by an individual with the impatience and petulance of an insecure adolescent from a political party with the emotional stability of a disgruntled postal worker.

Obama's transformation is fundamentally the degradation and humbling of a great nation he considers venal and corrupt, but is, in reality, merely a description of the content of his own character.

He and his present anointed successor and Mini Me, Hillary Clinton, are manifestations of modern-day, totalitarian Liberalism, in its insatiable thirst for power, where persuasion is replaced by coercion to implement policies that are inherently damaging to liberty and the national interest.

Unfortunately, the federal government, as an institution, has largely come to reflect those same characteristics, the tyranny that led the Founding Fathers to declare independence.

In their effort to make the central government "too big to fail," the political-media complex has made it too corrupt to reform.

It is the duty of the patriot to protect his country from its government - Thomas Paine

Lawrence Sellin, Ph.D. is a retired colonel with 29 years of service in the US Army Reserve and a veteran of Afghanistan and Iraq. Colonel Sellin is the author of "Restoring the Republic: Arguments for a Second American Revolution ". He receives email at lawrence.sellin@gmail.com.

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LETS JUST DO IT AND STOP TALKING ,WHILE WE TALK WE ARE LOSING IT ALL AND THEY ARE GAINING MORE CONTROL,THE LONGER WE WAIT THE LESS CHANCE WE HAVE TO SAVE AMERICA !!!!

You are right David. Let's get on with it. Where and When?

Has everyone heard. about " FARACON' , this hater and violent person,,, that does not even like Martin Luther King... !
Wants the American Flag gone... as he was yelling from a pulpit.!! Not satisfied with the confederate flag.! which stands for the 150,000 young soldeirs that fought and died. Because they were told called to arms by their country. ohh no it was not about " slavery " !
Why doesn't Faracon go to a country he likes... he hates it here in our AMERICA so leave ! All the people that do not want to work ,,, and hate groups , lazy good for nothings.. and want all of us working people,, to support them.
They should all leave..! Instead of trying to change our country to fit their needs. Its sickening... and we are all disgusted with the whole government take over.. by these hateful groups.. Something has to be done... !

where was everyone .. when Obama stood there in front of thousands and said... there will be CHANGE IN AMERICA..
AND he has done so.... one shattering at a time... AND he was elected a second time...!!! through lies... voting by dead people and triple voting... ! Sick of the whole thing.... And i am not alone... there are many people in higher places that could do something.. and they just sink with no spine...!
we do not even have faith in the voting system anymore. I hear it everywhere.... !
One more thing.... the CONGRESS and SENATORS and the IRS ! And the whole bunch of them .. should be made to have OBAMA CARE... then see what they vote for.. Are they not working for us The AMERICAN PEOPLE ??
They act like we are under neath them..... if we are going to have government health care.. it must be made for all.. not just a few special people.. YES EVEN the president.. and his cabinet , this has to change..! the people getting free medical are the illegals... with food stamps and housing and education... and assistance. also are criminals out on parole .. i just found out yesterday... all benefits... dental... for two years.. and more. While the working , honorable citizen working to the bone.. and living week to week... cannot even afford to get obama care.... so they have nothing.
What family can afford 300.00 a month with a 8,000.00 deductable ...? So there is no medical for the working family. paying for all the welfare people.. illegals... and parollees.

Nancy.

in as much as no one has fought to stop America's destruction from within, could we infer / declare Cowardice

rules the minds of honest men ?

when the FED flips the economic switch , deposits are frozen / government payments stop / martial law is

declared / HS agents come for everyone's weapons could we say Serfdom / Murder ensues ?

I say you might consider forming a group of women , while seeking public forums to Declare honest men are

COWARDS  !!

As a thought for all, marital law can NOT be declared, at least not constitutionally/lawfully, by anyone in government, not even the president. Any such an act, and I'm presuming here that virtually everyone means martial law and suspension of the constitution in the same breath, is an act of treason against the nation. So what stops them, nothing really since the constitution is only a document. If they don't honor their oath to obey it, then every person in the nation has the right, both constitutionally and righteously to defy such treason imposed by anyone by whatever means they feel necessary. BUT those in power will NOT like you for it!!

They'll come house to house to take guns?.....pish posh; they don't have the manpower, as well as the fact that the moment such an attempt got in the wind they meet flying bullets as resistance. They only need to pass a few laws relating to guns and the foolish trained law abiding mice will obey; and for those who don't, you all have neighbors who'll turn you in. They come after gun owners one at a time, NOT enmasse.

martial law
West's Encyclopedia of American Law
Martial Law
Click to see an enlarged picture
MARTIAL LAW

The exercise of government and control by military authorities over the civilian population of a designated territory.
Martial law is an extreme and rare measure used to control society during war or periods of civil unrest or chaos. According to the Supreme Court, the term martial law carries no precise meaning (Duncan v. Kahanamoku, 327 U.S. 304, 66 S. Ct. 606, 90 L. Ed. 688 [1946]). However, most declarations of martial law have some common features. Generally, the institution of martial law contemplates some use of military force. To a varying extent, depending on the martial law order, government military personnel have the authority to make and enforce civil and criminal laws. Certain civil liberties may be suspended, such as the right to be free from unreasonable searches and seizures, freedom of association, and freedom of movement. And the writ of habeas corpus may be suspended (this writ allows persons who are unlawfully imprisoned to gain freedom through a court proceeding).
In the United States, martial law has been instituted on the national level only once, during the Civil War, and on a regional level only once, during world war ii. Otherwise, it has been limited to the states. Uprisings, political protests, labor strikes, and riots have, at various times, caused several state governors to declare some measure of martial law.
Martial law on the national level may be declared by Congress or the president. Under Article I, Section 8, Clause 15, of the Constitution, Congress has the power "[t]o provide for calling forth the Militia to execute the Laws of the Union, suppress insurrections and repel Invasions." Article II, Section 2, Clause 1, of the Constitution declares that "[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." Neither constitutional provision includes a direct reference to martial law. However, the Supreme Court has interpreted both to allow the declaration of martial law by the president or Congress. On the state level, a governor may declare martial law within her or his own state. The power to do so usually is granted in the state constitution.
Congress has never declared martial law. However, at the outset of the Civil War, in July 1861, Congress ratified most of the martial law measures declared by President abraham lincoln. Its martial law declaration gave the Union military forces the authority to arrest persons and conduct trials. However, Congress initially refused to ratify Lincoln's suspension of the writ of habeas corpus. This refusal created friction between Congress and the president and raised the question of whether unilateral suspension of the writ under martial law was within the president's power. The Supreme Court reviewed the issue and ruled in Ex parte Merryman, 17 F. Cas. 144 (1861) (No. 487), that only Congress had the power to suspend the writ of habeas corpus. After Congress approved Lincoln's suspension of the writ in 1863, Union forces were authorized to arrest and detain Confederate soldiers and sympathizers, but only until they could be tried by a court of law.
The martial law declared by Lincoln during the Civil War spawned another legal challenge, this one to the military courts: ex parte milligan, 71 U.S. (4 Wall.) 2, 18 L. Ed. 281 (1866). Lamdin Milligan, a civilian resident of Indiana, was arrested on October 5, 1864, by the Union military forces. Milligan was charged with five offenses: conspiring against the United States, affording aid and comfort to rebels, inciting insurrection, engaging in disloyal practices, and violating the laws of war. Milligan was tried, found guilty, and sentenced to prison by a military court.
Although the habeas corpus petition had been suspended, the Supreme Court accepted Milligan's petition for a writ of habeas corpus. The Supreme Court held that neither the president nor Congress could give federal military forces the power to try a civilian who lived in a state that had federal courts. Milligan firmly established the right of the U.S. Supreme Court to review the propriety of martial law declarations.
The next large-scale martial law declaration took place 80 years later. On December 7, 1941, the day that Japanese warplanes bombed Pearl Harbor in what was then the territory of Hawaii, Governor Joseph B. Poindexter, of Hawaii, declared martial law on the Hawaiian Islands. The governor also suspended the writ of habeas corpus. The commanding general of the Hawaiian military assumed the position of military governor. All courts were closed by order of the military governor, and the military was authorized to arrest, try, and convict persons. Under Poindexter's martial law order, approved by the president, the military courts were given the power to decide cases without following the rules of evidence of the courts of law, and were not limited by sentencing laws in determining penalties.
In February 1942 the Department of War appointed General John L. DeWitt to carry out martial law in California, Oregon, Washington, and the southern part of Arizona. In March 1942 DeWitt announced that the entire Pacific Coast of the United States would be subject to additional martial law measures. Later that month he declared that all alien Japanese, Germans, and Italians, and all persons of Japanese descent, on the Pacific Coast were to remain inside their home between 8:00 p.m. and 6:00 a.m..
These martial law measures were challenged by criminal defendants shortly after they were put in force. In Duncan v. Kahanamoku, 327 U.S. 304, 66 S. Ct. 606, 90 L. Ed. 688 (1946), the Supreme Court held that the military tribunals established under martial law in Hawaii did not have jurisdiction over common criminal cases because the Hawaiian Organic Act (31 Stat. 141 [48 U.S.C.A. § 532]) did not authorize the governor to close the courts of law when they were capable of functioning. In Duncan the Court ordered the release of two prisoners who had been tried and convicted of embezzlement and assault by military courts.
In other cases the High Court was more tolerant of civil rights deprivations under martial law. In Hirabayashi v. United States, 320 U.S. 81, 63 S. Ct. 1375, 87 L. Ed. 1774 (1943), the Court upheld a curfew placed on Japanese Americans during the war, on the ground of military necessity, and in korematsu v. united states, 323 U.S. 214, 65 S. Ct. 193, 89 L. Ed. 194 (1944), the Court justified the random internment (imprisonment) of more than 110,000 Japanese Americans during the war.
At least one governor has used martial law to enforce state agency regulations. In 1931 Governor Ross S. Sterling, of Texas, sent Texas national guard troops into east Texas oil fields to force compliance with limits on the production of oil and an increase in the minimum number of acres required between oil wells. The regulations had been drawn up by the Texas Railroad Commission with the approval of the Texas Legislature, but similar regulations had been enjoined (stopped) by a federal court just four months earlier. In 1932 the Supreme Court invalidated Sterling's use of martial law, holding that it violated the constitutional due process rights of the property owners (Sterling v. Constantin, 287 U.S. 378, 53 S. Ct. 190, 77 L. Ed. 375 [1932]).
Another governor declared martial law in response to an assassination and rumors of political corruption. In June 1954 Albert Patterson, a nominee for state attorney general in Alabama, was shot to death on a street in Phenix City. Alabama governor Gordon Persons declared martial law in Phenix City and dispatched General Walter J. ("Crack") Hanna and the Alabama National Guard to take over the city. Hanna appointed a military mayor, and the troops took control of the county courthouse and city hall. The troops physically removed certain officials from the courthouse and city hall, seized gambling equipment, and revoked liquor licenses.
Martial law usually is used to try to restore and maintain peace during civil unrest. It does not always yield the desired results. In May 1970, for example, Ohio governor James Rhodes declared limited martial law by sending in National Guard troops to contain a Kent State University protest against the vietnam war. Four protestors were shot and killed by the troops. In a case brought by their survivors, the Supreme Court held that the governor and other state officials could be sued if they acted beyond the scope of state laws and the federal Constitution (Scheuer v. Rhodes, 416 U.S. 232, 94 S. Ct. 1683, 40 L. Ed. 2d 90 [1974]).
Martial law is generally an act of last resort. Courts will uphold a decision to use troops only if it is necessary and proper.
further readings
Further Note the State Governor declared Martial Law after Hurticane Katrina.

  The illegal communist occupying the WH and all of his cronys are our REAL THREAT TO NATIONAL SECURITY!!  We must do everything we can TO PROTECT OUR CONSTITUTION AS WAS WRITTEN BY OUR FOUNDING FATHERS.  WE THE PEOPLE MUST NOT COWER LIKE CONGRESS HAS AND NOT FULFILLED THEIR OATH OF OFFICE.  Therefore, We the People must UNITE and REPEL THE INTENDED DISTRACTIONS TO CARRY OUT PLANS FOR THE TERMINATION OF THE CRIMINALS DESTROYING AMERICA.  We NEED TRUE LEADERS TO STAND UP AND DO RIGHT FOR OUR COUNTRY.

A MAJOR housecleaning is overdue. I'm squarely behind any man of principle and vigor willing to lead.

For decades our country has been infiltrated by those who donot believe in or support our capitalist/republic origins an our way of life. From the illegal aliens to local and state officials to left wing groups as the new socialist and ACORN to union leaders all the way to the man that occupies the Oval Office. Forget that Obama might be a Muslim, look at his socialistic and communistic upbringing and mentoring. These leftist groups and communist labor leader groomed And put Obama in the Whote house. They occupy all levels of the judicial and government offices. They occupy both parties. They are working in concert to transform our Republic in to a communist nation. You need only to stop listening to what they say and look at what they do to see their concerted attempt to destroy America. Peoples kW are right, we need leaders who will uphold the constitution, however I don't believe enough exist to swing the balance of power back to our founding principles. If that be true that only leaves one other option, and that is open rebellion against the communists who have infiltrated our Nation on all levels. They have been organizing on all levels for decades while we have sat silent. We believed their words while disregarding their actions. As another has posted read Trevor Loudins work on the enemies within and his work on Obama you can get it on line. He lists names and dates and paints not just the historical infiltration of the communists but what is presently happening. It's a must read. We are in deep deep trouble and don't look to our leaders for help, we the people are going to have to take the bull by the horns.

Havent you all heard that Obama is a great father ,a great husband ,and he loves his country...That is what all of the republicans that are running for president are saying....SO WHAT DOES THAT TELL YOU????We are COOKED IF WE DO NOT FIND A WAY TO GET OUR VALUES BACK...

Michael;

Well put; and I agree that "martial law", the use of military to maintain order when, and if the civilian authorities are incapable or unable to do so. My reference to the matter regards the misconception, as many seem to beleive, that the Constitution can be suspended. No authority exists within the Constitution for such suspension other than the "writ of habeus corpus", and then oly for a period of time until order has been restored..

The president & Congress derive their respective powers from, and under the Constitution; they have taken and sworn an oath to support and defend it. The Constitution belongs to the people; it is, in a manner of speaking, a contract with the enities of the federal government. Were the president, or Congress to in effect claim to suspend that document thye would in fact have perjured their oath(s); the contract they have with the people has been voided, and as such they would literally no wbe acting without constitutional authority.

I would guide people to read paragraph 3 of the 14th amendment. If an act, or an attempt to literally suspend,(set aside or defy) the constitution it would indeed be an "insurrection" and/or "rebellion" against the Constitution.

I would invite and encourage all those interested in this issue to search on the net a well written article titled, "A Primer On Martial Law", by Dr. Edwin Vieira, Jr., Ph.D., J.D., in which he clearly defines the several types of martial law, but also in in detail why no such action of suspending the constitution can exist.

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