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Martial Law & the 2nd Amendment: How it's Going to "Go Down" in the United States

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posted on Apr, 26 2013 @ 01:29 AM
Ok, so with April's bombing in Boston there was a lot of discussion on ATS about Martial Law. And While Martial Law was not declared during these tragic events, a public safety emergency was. (Martial Law is reportedly said to been declared). To some people residing in Watertown, a de facto state of martial law did, indeed, exist. There are videos of ordinary Watertwon citizens being yelled at in front of their homes and held at gun point by law enforcement officers. People were ordered to vacate their houses while LEO's conducted warrantless searches. It's pretty scary stuff. Former Texas Congressman Ron Paul criticized the wide-scale effort by law enforcement to capture the Tsarnaev brothers following the Boston Marathon bombing.

“I mean, we had martial law out there,” Paul said on Fox Business Network’s Cavuto earlier this week. “The federal government is not supposed to be our police force.” It’s criminal that people tolerated this so much,,,"

I want to say that this isn't trolling or fear mongering. It's a response to several threads and reactions I read today on ATS.

Additionally, along the same vein, there has been much discussion on ATS about the Constitution, the Bill of Rights, the 2nd Amendment, and Tyranny. Let it be noted that first and foremost I'm a Patriot, a Veteran, a Libertarian, and a proud and law-abiding gun owner. There have been many great ATS members and threads which address the 2nd Amendment and how an armed and well-educated public will be able to ward off a tyrannical government. People believe the 80 million civilian firearms is enough to ward off martial law and FEMA and Homeland Security and whatever else. Well all the terrible things that a tyrannical government can do to its people is already being done, and I dont see a whole hell of a lot being done about it.

See I don't believe an armed citizen will be enough to stop its government from trampling its populace. So where does the importance of gun ownership come in? In addition to hunting and providing food the other importance I believe having a firearm when TSHTF is that it will protect you and your family from the neighbor who is eye-balling your fuel supply and generator. While extremely important, I believe owning a weapon is limited to these few things. I'm thinking about this because of a thread, and argument, I was reading between an American and a Brit. It was a pretty heated debate and the point of the Brit was that tyranny is happening everyday in the United States (its happening everywhere globally in reality), whether it is the TSA invading privacy at airports, or warrentless searches in Boston, thus violating our 4th Amendment. Well, I had to agree with this rambunchious Brit, that our 2nd Amendment was not protecting us from our government, like so many staunch 2nd Amendment supporters have claimed it will. Ok, moving point....and here it is. As I said previously above, I believe our 2nd Amendment will play a much more vital part once everything collapses, after TSHTF, after martial law gets declared and the economy has collapsed. That's how I see it going down in the United States.

U.S. Military To Assault U.S. Citizens: 1878 Posse Comitatus Act Destroyed

In yet another astonishingly treasonous act the U.S. administration has eliminated yet another key check to control out of control government, the 1878 Posse Comitatus Act. The Posse Comitatus Act abolished the use of the U.S. military against our own citizens and eliminated the ability of the U.S. government to eliminate the U.S. Constitution and Bill of Rights by declaring Martial Law.

This act attempts to nullify the Posse Comitatus Act and the Insurrection Act (10 U.S.C. 331-335) and gives the President the legal ability to declare Martial Law under any condition he so chooses.

In a 1982 FEMA memo by John Brinkerhoff to FEMA agency director Louis Giuffrida, they note that Martial Law "suspends all prior existing laws, functions, systems, and programs of civil government, replacing them... with a military system."

The elimination of these basic rights started in 1971 when Deputy Secretary of Defense David Packard modified the Code of Federal Regulations, Title 32, Volume 2, Chapter 1, Part 215, Section 6 with the "Employment of Military Resources in the Event of Civil Disturbances" scam that effectively revoked a substantial part of the 1878 Posse Comitatus Act providing for 'exceptions' to the Act.


And finally, just a brief review on the history of Martial Law in the United States.................
Martial Law

is the imposition of military rule by military authorities over designated regions on an emergency basis.

...usually deployed temporarily when civilian or government authorities fail to function most cases, military forces are deployed to subdue crowds...can be used by governments to enforce their rule over the public...typically, the imposition of martial law accompanies curfews, the suspension of civil rights, civil law, and habeas corpus...civilians are potentially subjected to military tribunals...

History of Martial Law in the United States

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."

In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.

At least two American lawmakers have stated on the record that, in their opinion, Section 1031 of the National Defense Authorization Act for Fiscal Year 2012 legalizes or authorizes martial law in the United States. Senator Mark Udall stated "These provisions raise serious questions as to who we are as a society and what our Constitution seeks to protect...Section 1031 essentially repeals the Posse Comitatus Act of 1878 by authorizing the U.S. military to perform law enforcement functions on American soil."

Besides the Civil War, several instances of martial law include:
-The Revolutionary War
-New Orleans, Louisiana (War of 1812)
-Ex parte Milligan
-The Great Chicago Fire
-Coeur d'Alene, Idaho 1892
-Colorado Coalfied War
-West Virginia Coal Wars
-Tulsa Race Riot
-San Fransico, California 1934
-The territory of Hawaii
-Freedom Riders 1961
-Hurricane Katrina 2005
-Boston Marathon

Martial Law went into effect at 10:00 pm on Thursday April 25th

Ron Paul Bashes Government
Posse Comitatus
Martial Law
edit on 4/26/2013 by kosmicjack because: fixed title

posted on Apr, 26 2013 @ 02:40 AM
reply to post by Cosmic911

I will agree that the idea of martial law poses nothing but bad thoughts into the minds of citizens, and that the second amendment becomes a more center stage issue as the federal government shows signs of over using its authorities more and more as time goes on.

However, it is poor decision making by citizens to latch onto the idea that guns are required and necessary to battle the over uses of authority. For one, it indicates that we are comfortable with a lot of what goes on in this country and government, so long as it stays off our property. And more importantly, it shows that we don't care enough about the future of this country, or for what our children of future generations will have to deal with as a result. It seems self sacrifice for the idea of a better future goes to the waste side as long we have a comfy life.

We should realize as 'A People', that we can change our federal government's over use of authorities by joining together and peacefully moving all federal officials out of employment. Guns are not required to achieve successes in this manner. This movement should be implemented ASAP as to prevent the loss of lives in the processes of taking back our federal government for 'We The People'.

I understand these comments are a bit off from the intended concepts of the post. But, I am trying to make note of the realities of how poor decision making efforts to fix defects in government can parlay into the harsh realities that government will only grow to be bigger and more influential if left unchecked. It's not wise to go toe to toe with the federal government in battle with guns, as a losing battle for the citizens will likely be realized. Proactive measures by means of protest, disinvolvement, and discontinuation of support of current practices are the citizens only chances to prevail in reversing trends of the direction the federal goverment is aiming towards.

Money should never be put as a priority over a human life. Our current federal government is nothing more than a business striving for higher dividends. It's our fault as citizens if we let it continue.

posted on Apr, 26 2013 @ 03:08 AM
If we let them get away with having this much power, tomorrow they could just decide to do round ups and railroad everyone to the furnace camps with little resistance.

We have to stop them now before they get their grips on this level of power.

Once we pass the threshold there will be no turning back.

posted on Apr, 26 2013 @ 03:17 AM
It's "martial laws", not "marshal laws".

I have nothing else to contribute to this thread, sorry.

posted on Apr, 26 2013 @ 03:34 AM
Wait a minute, what martial law went into effect on thursday April 25th at ten p.m.?

posted on Apr, 26 2013 @ 04:42 AM
How many guns are there in Boston? Why didn't anyone resist their rights being trampled on?

It is like boiling a frog in a pot.

posted on Apr, 26 2013 @ 05:04 AM

It’s criminal that people tolerated this so much,,,"

So..... uhmmm
People are criminals because THEY tolerated it?

posted on Apr, 26 2013 @ 12:29 PM

Originally posted by muzzleflash
If we let them get away with having this much power, tomorrow they could just decide to do round ups and railroad everyone to the furnace camps with little resistance.

We have to stop them now before they get their grips on this level of power.

Once we pass the threshold there will be no turning back.

Muzzle-exact you are! I feel the same way about allowing the government to seize more and more power. Once you give it away, it's easier and easier for them to take away more the next time.

posted on Apr, 26 2013 @ 12:35 PM

Originally posted by ManFromEurope
It's "martial laws", not "marshal laws".

I have nothing else to contribute to this thread, sorry.

That's a shame. This is exactly what is wrong with this country and why the government is able to trample upon the rights of its citizens. Hope that works out for you.

posted on Apr, 26 2013 @ 02:11 PM
link is poor decision making by citizens to latch onto the idea that guns are required and necessary to battle the over uses of authority.

I agree. A lot of people on this site believe that our 2nd Amendment rights will keep us free; that those amendments in the Bill of Rights serve to protect us from a tyrannical government, when it fact, if you really look around, you begin to realize they have done little but provide a false sense of freedom.

...taking back our federal government...

I like this idea. I have yet to hear it put so eloquently and succinct.

I understand these comments are a bit off from the intended concepts of the post

No, I think you're right on with your rebuttal. Your post has highlighted some of the laziness and settling that the American people have succumbed to in the last sixty years. We have lost control of our control and its grown to big while we were sleeping.

It's our fault as citizens...

I believe people have forgotten what it means to be a Citizen, or they knew what it meant in the first place. People have grown to like being spoon-fed. That's the problem. You can see the complacency in some of the responses in this thread.

posted on Apr, 26 2013 @ 02:27 PM
With the creation of the DHS, which is a military style police force with a big budget, Posse Comitatus was destroyed.

Martial law was declared over a man hunt for one person, that sickens me.

posted on Apr, 26 2013 @ 03:09 PM

Originally posted by jrod
With the creation of the DHS, which is a military style police force with a big budget, Posse Comitatus was destroyed.

Martial law was declared over a man hunt for one person, that sickens me.

DHS is not a military style police force. DHS is not a single organization. DHS is simply and umbrella for the Coast Guard, Border Patrol, TSA, INS, Customs, Secret Service, FEMA and few others. DHS can not take all the Coast Guardsmen off their boats, Border Patrol off the border, the secret service away from counterfit investigations, INS away from immigration control, TSA out of the airports etc. And form some big group of armed police force. People seem really confused about what DHS really is. Granted the fact most states have their own state level Homeland Securty organizations and many county and cities do as well might create some confusion but, in all those instances as well they are simply umbrella organizations for emergacy reponders and such.

posted on Apr, 26 2013 @ 03:53 PM

Originally posted by MrSpad
People seem really confused about what DHS really is.

A large steaming pile of horsecrap that will one day become the monster which destroys the USA... there, confusion resolved.

Saying the DHS isn't a military style police force is disingenuous at best and outright ridiculous at worst. If viewed from an issue of semantics, you're right... DHS is a domestic agency. The problem is they are applying the exact same set of legal standards the military operates under to said domestic agency, which absolutely runs afoul of virtually every piece of traditional Federal legislation ever passed to protect Americans' rights and freedoms. There is no mechanism in this nation's prime governing documents which allows the government to violate rights for any reason, yet that is exactly what DHS has brought to the table. They stand all alone at the top of the mountain of shame in regards to violating the:
1st amendment DHS is largely responsible for the twisted concept of "Free Speech Zones" outside of which no protesting can occur at events & such. Imagine this, I'd love the right to declare my chunk of land, my vehicle, and office a "Government Free Zone." Same principle applies, though... the little nannies and worthless turds in DC can have their Constitutional authority over me... only in the places I choose to allow it to happen in and the spirit of the law will be retained regardless. Yeah, right!

2nd Amendment DHS has a long laundry list of violations here. Everything from computer data FUMTUs providing DHS with CCW name lists to massive ammo purchases intended to get as much ammunition of the market as possible to the shenanigans seen in Boston.
3rd Amendment I'll take a liberty with this one definition-wise, but in some ways many of DHS' cute little spy programs and nanny actions are very similar to having a government stooge living under your own roof. While we may not be forced to quarter a soldier in the traditional sense, we are certainly being forced to share almost every aspect of our life with our greatest enemy... some pimply faced dweeb sitting at a government data mining computer in Utah filling out federal dossiers on each of us.
4th Amendment

*Ahem*... I don't have the room or the time to list the manner in which the 4th has been completely destroyed by DHS, nor do I think there's a need anymore to list it. Frankly, anybody who can say the 4th Amendment is supported by DHS and keep a straight face seriously needs to head to vegas because they can make a killing at the poker tables.
5th Amendment See 4th Amendment for reaction...

6th Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Yeah... feel free to shed some tears over the passing of American exceptionalism and American's liberties...
7th Amendment HEY!!! Finally an amendment Nepalitano and Chertof didn't use for toilet paper. Good job guys, you're batting avergae is below Ueker but slightly above Angel Salizar.
8th Amednment I'd argue that this one is essentially ignored by the entirety of DC's machine, so DHS is hardly special here (or anywhere else, for that matter... unless we're using the term "special" as a politically correct replacement for the word retarded, in which case DHS is right there at the top of the special list.)
9th Amendment and 10th Amendment Absolutely NOBODY in D.C., in any agency, office, or position of authority has any clue what these two amendments even mean at this point. These two are probably the two most trod upon, beaten down, DEAD Amendments in the Constitution because they directly tell a bloated, overbearing, worthless beaurocracy that believes it weilds unrestricted power that they actually weild very restricted and very much spelled out power and not an ounce more. Thus, these two amendments are effectively dead to America.

The only way the above rights could ever be sidestepped legally is via the military systems. When one is in the military, they really have no rights so-to-speak. They have the right to do only what they are ordered to do. The problem today is the government clearly views us all in the same light as they view their military... a collective of people with no rights who must do exactly as they demand.

posted on Apr, 26 2013 @ 04:24 PM
reply to post by MrSpad

Yes. This is true. DHS also has its own helicopters, planes, squad cars, ect... They are a police force no doubt about it.

posted on Apr, 27 2013 @ 10:14 AM

Originally posted by wondermost
Wait a minute, what martial law went into effect on thursday April 25th at ten p.m.?

Although Wiki reports martial law was declared at that time, I can find NO evidence to support that claim. Whether or not its true is less important than how certain behavior was allowed to perpetuate during Boston's manhunt. Online news media reported that there were some confiscation of firearms. Video shows people being verbally harassed outside their homes, sometimes at gun point. If martial law was indeed never declared it appears someone forgot to tell the police. Who knows? It could have been Blackwater, or some other poorly-regulated paramilitary organization beating down doors, holding residents at gunpoint, confiscating weapons, and confining citizens to their homes.

Boston Martial Law: They were confiscating firearms from residents
edit on 27-4-2013 by Cosmic911 because: (no reason given)

posted on Apr, 28 2013 @ 04:13 AM
reply to post by Cosmic911

its really a moot point, cause I'm splittin hairs here. The Boston incident definitely did not happen on the 25th. Thats what I was confused about. There is no doubt in my mind that what happened in Boston was about as close to martial law that we've(U.S.) been since hurricane Katrina. I'm not arguing that. The stated date had me assuming something else had taken place outside of the whole Boston bombing fiasco.

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