Q: Does the Constitution tell us which branch of government has the right to declare martial law?
A: Yes, the legislative branch has the right. Currently, there are 'White House radicals,' particularly in the Office of Legal Counsel to the President, advocating the position that the Constitution can be interpreted to support almost unlimited executive power. However, even they must acknowledge that the above-quoted sections (Sections 8 and 9) appear in Article I of the Constitution, which is the article that allocates specific powers to the legislature! Indisputably, this means that Congress can suspend our right to habeas corpus. One looks in vain for any similar authority for the president. Article II, which lays out the prerogatives of the executive branch, is silent on these matters.
It is possible that some future President could exercise this vast authority in an attempt to place the United States under authoritarian rule. The future is now.
The rationales and blueprints for implementation of martial law are already on the books. Reasoning that the USAPATRIOT Act(s) and the Military Commissions Act weren’t quite repressive enough, on May 9, 2007, Bush issued a document entitled “National Security Presidential Directive/NSPD 51″ and “Homeland Security Presidential Directive/HSPD-20.” This directive outlines the federal government’s plan for maintaining continuity in the face of a “catastrophic emergency.”
The document defines a “catastrophic emergency” as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government function.” Well, that certainly narrows things down.
If any of these events occurs, Obama has the power to lead the entire federal government, not merely the executive branch. And, recognizing his veneration of constitutional law, he graciously gives himself sole responsibility “for ensuring constitutional government.”
Translated into our native tongue, NSPD 51/HSPD-20 would impose martial law under the authority of the White House and the DHS. It would suspend constitutional government under the provisions of Continuity in Government (COG).
FEMA camps, martial law and indefinite detention without trial
"The President has the power to seize property, organize and control the means of production, seize commodities, assign military forces abroad, call reserve forces amounting to 2 1/2 million men to duty, institute martial law, seize and control all menas of transportation, regulate all private enterprise, restrict travel, and in a plethora of particular ways, control the lives of all Americans...
"Most [of these laws] remain a a potential source of virtually unlimited power for a President should he choose to activate them. It is possible that some future President could exercise this vast authority in an attempt to place the United States under authoritarian rule.
"While the danger of a dictatorship arising through legal means may seem remote to us today, recent history records Hitler seizing control through the use of the emergency powers provisions contained in the laws of the Weimar Republic."
-- Joint Statement, Sens. Frank Church (D-ID) and Charles McMathias (R-MD) September 30, 1973
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The following guide will help you plan, prepare, and get ready in the event that martial law threatens you safety and well being. It is divided into two parts. The first part describes the framework for martial law and the second part the actions to take in preparing for the actual declaration of martial law.
INTERESTING FACTS
* Martial law is defined as: military rule or authority imposed on a civilian population when the civil authorities cannot maintain law and order, as in a time of war or during an emergency.
* Hitler turned Germany into a Nazi dictatorship through executive orders.
* Executive Order 10995: All communications media are to be seized by the Federal Government. Radio, TV, newspapers, CB, Ham, telephones, and the internet will be under federal control. Hence, the First Amendment will be suspended indefinitely.
* Executive Order 10997: All electrical power, fuels, and all minerals well be seized by the federal government.
* Executive Order 10998: All food resources, farms and farm equipment will be seized by the government. You will not be allowed to hoard food since this is regulated.
* Executive Order 10999: All modes of transportation will go into government control. Any vehicle can be seized.
* Executive Order 11000: All civilians can be used for work under federal supervision.
* Executive Order 11490: Establishes presidential control over all US citizens, businesses, and churches in time of "emergency."
* Executive Order 12919: Directs various Cabinet officials to be constantly ready to take over virtually all aspects of the US economy during a State of National Emergency at the direction of the president.
* Executive Order 13010: Directs FEMA to take control over all government agencies in time of emergency. FEMA is under control of executive branch of the government.
* Executive Order 12656: "ASSIGNMENT OF EMERGENCY PREPAREDNESS RESPONSIBILITIES", "A national emergency is any occurrence, including natural disaster, military attack, technological emergency, or other emergency that seriously degrades or seriously threatens the national security of the United States. Policy for national security emergency preparedness shall be established by the President." This order includes federal takeover of all local law enforcement agencies, wage and price controls, prohibits you from moving assets in or out of the United States, creates a draft, controls all travel in and out of the United States, and much more.
* Martial law can be declared due to natural disasters, a "Manufactured financial Crisis", Stock Market crash, no electricity, riots, biological attack, .... anything leading to the breakdown of law and order.
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* Prepare before any declaration of martial law by becoming self reliant. You may become subject to a bureaucratic system and be prepared to stay one step ahead of it which is easy to do if you are prepared and in a position to be self reliant. You may also face mob rule, chaos, panic, or a complete breakdown in law and order. Surival situations may be easier to handle in rural areas than urban.
* Avoid areas of marital law. Can be imposed due to natural disasters or man caused events. Important to have a retreat or place in a rural area away from populated areas.
* Create alliances with like minded neighbors or community members that share your views. Team work and numbers may help your situation.
* Become transparent in the sense that you do not draw attention to yourself or your family. For instance, do not tell people that you are storing food just store food. Be prepared to render assistance to neighbors if need be. You never know when you will need them.
* Remain calm! Do not panic.
* Avoid areas of civil unrest if possible. If caught in civil unrest take appropriate action.
* Get informed and stay informed. Understand martial law can be a temporary crisis or an extended one. In extreme cases the shape of a whole nation can change.
* Declaration of martial law means your rights are suspended and it is government by decree. Your constitutional rights may no longer apply. This could mean a state of National Emergency.
* People can be arrested and imprisoned indefinitely without charges.
* Freedom of speech and freedom of assembly can be suspended, and censorship of the media imposed.
* Gun ownership will also come under severe attack during marital law. We could see house to house searches by the military or National Guard looking for guns and seizing any they find along with stored food.
* Take a stand on issues and make a choice that fits your beliefs and the situation. Do you believe as Patrick Henry, "Give me liberty or give me death?" Realize you may have some hard choices to make. Understand you may have to sacrifice your principles on trivial matters or take a hard stand. Always remember that you may have to come back and fight another day.
* Be aware by recognizing danger. Have communication such as a radio, CB, or scanner. Use your senses. Panic spreads fast so when you feel threatened like your hair standing on end and the adrenalin working. Take action. Fight down the panic and stay calm.
* Get away-stay out of harm's way. Avoid trouble areas and/or dangerous parts of cities. Move away from dangerous cities.
* Avoid confrontation and try go around potential problems. Have an escape route that you have selected ahead of time. Remember, "Those who live by the sword, die by the sword." You might end up the target of a person's built up anger even though you are not a part of the problem.
* Act like the natives. Try to blend in so you don't attract attention. Be careful of what you wear. Be aware of your surroundings.
* Hide equipment/supplies away from your home. Have a retreat or place where you can escape to as a safe haven. As governments get more totalitarian they make the citizens outlaws by banning things like gun or gold. Bury things or have them hidden away.
* Learn to defend yourself. Choose an art that is compatible to your beliefs such as karate, aikido, mace, pepper spray, or shooting. If you face trouble head on, you should resist with everything possible in a life or death situation.
* Don't get involved in mobs or mob behavior. They become mindless and objectivity is lost.
* Crushed in a crowd? Self preservation is the key. Try to ride it out like a bouy in the sea. If caught in a crowd surge, stay away from anything solid like a wall, barrier, or pillar. Keep hands out of pockets and loosen tie.
If the military shows up at your house I think it would be useless to resist. If a group of illegal aliens or just a mob wanting your food shows up I suggest using a 357 Mag or Shotgun if you feel your life is threatened or your loved ones.
The US government will not be able to control everyone. A recent example happened during Katrina. The US government will not be able to control itself.
Don't rely on this government to protect you in a crisis. Rely on yourself and your network of support.
The US economy is near collapse. It almost collapsed on Sept 18, 2008 when there was a run on the banks. Today it is not better but worse. The government is out of control and only is making it worse by passing usless spending bills.
Any day the dictator obama will declare martial law because the dollar is going to collapse and become worthless or some other reason and there are many.
The idots who elected obama elected a dictator and we will all suffer. One world government is the goal.
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Executive Orders = Fascism & Presidents Out of Control
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The U.S. Constitution is absolutely clear without any ambiguity what so ever in the fact that only Congress has the exclusive right to enact all law.
Article I, Section 1. “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
However, Presidents have repeatedly acted and continue to act treasonously in usurping the right to enact law by issuing Executive Orders under the guise of national emergencies. However, the only authority the President has on extraordinary occasions of national emergencies is to call Congress into an emergency session (Article II, Section 3).
Any enactment of law by the Executive Office in a form such as an Executive Order is made in Excess of Jurisdiction and is by definition 'Treason'.
Up until Abraham Lincoln there were few if any orders by Presidents that would classify as legislation. Following Lincoln's war against Southern Independence that caused the deaths of more than 620,000 citizens, untold misery and sunk the country to debt and control by bankers from which the Nation has never recovered there were an abundance of Executive Orders where the President assumed the Fascist role of lawmaker.
Many, if not all of the problems we are currently experiencing in the U.S. can be traced back to treasonous Executive Orders. In 1933 Roosevelt literally ordered citizens to hand their gold to a private bank or else be sent to jail.
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This regulation provides Army policy and guidance for establishing civilian inmate labor programs and civilian prison camps on Army installations. So what this means is anyone arrested under martial law can be put in these civilian prison camps on Army installations. These camps can be used for anything. Remember under martial law you have no constitution and no court to turn to for relief. Your at the whim of a military commander or anyone else in the military. Now is there still any doubt about what is going to happen? Shocking?
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Army Regulation 210—35
Installations
Civilian Inmate
Labor Program
Headquarters
Department of the Army
Washington, DC
14 January 2005
UNCLASSIFIED
SUMMARY of CHANGE
AR 210—35
Civilian Inmate Labor Program
This rapid action revision dated 14 January 2005--
o Assigns responsibilities to Headquarters, Installation Management Agency (para l-4j) -
o Makes administrative and editorial changes (throughout)
This new regulation dated 9 December 1997
o Provides Army policy and guidance for establishing civilian inmate labor programs and civilian prison camps on Army installations.
o Discusses sources of Federal and State civilian inmate labor.
*Army Regulation 210—35
Headquarters
Department of the Army
Washington, DC
14 January 2005
Effective 14 February 2005
Installations
Civilian Inmate Labor Program
By Order of the Secretary of the Army:
PETER J. SCHOOMAKER
General, United States Army
Chief of Staff
Official:
SANDRA R. RILEY
Administrative Assistant to the
Secretary of the Army
History. This publication is a rapid action revision. The portions affected by this rapid action revision are listed in the summary of change.
Summary. This regulation provides guidance for establishing and managing civilian inmate labor programs on Army installations. It provides guidance on establishing prison camps on Army installations. It addresses recordkeeping and reporting incidents related to the Civilian Inmate Labor Program and/or prison camp administration.
Applicability. This regulation applies to the Active Army, the Army National
Army Reserve unless otherwise stated. During mobilization, the Assistant Chief of Staff for Installation Management may modify chapters and policies contained in this regulation.
Proponent and exception authority.
The proponent of this regulation is the Assistant Chief of Staff for Installation Management. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or a direct reporting unit or field operating agency of the proponent agency in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity’s senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters to the policy proponent. Refer to AR 25—30 for specific guidance.
Army management control process.
trol provisions and identifies key management controls that must be evaluated.
Supplementation. Supplementation of this regulation and establishment of command and local forms are prohibited without prior approval from Assistant Chief of Staff for Installation Management (DAIM—ZA), 600 Army Pentagon, Washington, DC 20310—0600.
Suggested improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to Assistant Chief of Staff for Installation Management (DAIM—MD), 600 Army Pentagon, Washington, DC 20310—0600.
Distribution. This publication is available in electronic media only and is intended for command levels A, B, C, D, and E for the Active Army, Army National Guard of the United States, and the U.S. Army Reserve.
Contents (Listed by paragraph and page number)
Chapter 1
Introduction, page 1
Purpose 1—1, page 1
References • 1—2, page 1
Explanation of abbreviations and terms 1—3, page 1
Responsibilities • 1—4, page 1
Civilian inmate labor programs • 1—5, page 2
The process 1—6, page 2
Chapter 2
Establishing Installation Civilian Inmate Labor Programs, page 4
Policy statement 2—1, page 4
*This regulation supersedes AR 210—35, dated 9 December 1997.
AR 210—35 • 14 January 2005
UNCLASSIFIED
Guard of the United States, and the U.S. This regulation contains management con-
Contents—Continued
Negotiating with corrections systems representatives 2—2, page 4
Governing provisions • 2—3, page 4
Procedures for establishing installation civilian inmate labor programs 2—4, page 7
Chapter 3
Establishing Civilian Inmate Prison Camps on Army Installations, page 8
Policy statement 3—i, page 8
Negotiating with correctional systems representatives to establish prison camps 3—2, page 8
Governing criteria civilian inmate prison camps • 3—3, page 8
Governing provisions for operating civilian inmate prison camps on Army installations • 3—4, page 9
Procedures for establishing a civilian inmate prison camp on Army installations 3—5, page 9
Interservice, interagency, or interdepartmental support agreements 3—6, page 10
Chapter 4
Reporting and Recordkeeping, page 10
Incident reports 4—1, page 10
Media coverage 4—2, page 10
Recordkeeping 4—3, page 11
Appendixes
A. References, page 12
B. Memorandum of Agreement Format, page 13
C. Sample Inmate Labor Plan, page 19
0. Management Control Evaluation Checklist. page 23
E. 18 USC 4125(A), and Executive Order 11755, page 23
Figure List
Figure i—i: Civilian Inmate Labor Program process, page 3
Figure B—i: Sample format for a memorandum of agreement, page 14
Figure B—i: Sample format for a memorandum of agreement—continued, page 15
Figure B—i: Sample format for a memorandum of agreement—continued, page 16
Figure B—i: Sample format for a memorandum of agreement—continued, page 17
Figure B—i: Sample format for a memorandum of agreement—continued, page 18
Figure B—i: Sample format for a memorandum of agreement—continued, page 19
Figure C—i: Sample Inmate Labor Plan—continued, page 20
Figure C—i: Sample Inmate Labor Plan—continued, page 21
Figure C—i: Sample Inmate Labor Plan—continued, page 22
Glossary
Index
ii AR 210—35 • 14 January 2005
Chapter 1
Introduction
1—1. Purpose
This regulation provides Army policy and guidance for establishing civilian inmate labor programs and civilian prison camps on Army installations. Sources of civilian inmate labor are limited to on— and off—post Federal corrections facilities, State and/or local corrections facilities operating from on—post prison camps pursuant to leases under Section 2667, Title 10, United States Code (10 USC 2667), and off—post State corrections facilities participating in the demonstration project authorized under Section 1065, Public Law (PL) 103—337. Otherwise, State and/or local inmate labor from off—post corrections facilities is currently excluded from this program.
1—2. References
Required and related publications and prescribed and referenced forms are listed in appendix A.
1—3. Explanation of abbreviations and terms
Abbreviations and special terms used in this regulation are explained in the glossary.
1—4. Responsibilities
a. The Assistant Secretary of the Army (Installations and Environment) (ASA(I&E)) will—
(1) Provide policy guidance and resolve policy issues.
(2) Provide overall program direction.
(3) Serve as approval authority for establishing civilian inmate labor programs and civilian inmate prison camps on Army installations.
(4) Provide procedural guidance on real property acquisition, management, and disposal relating to establishing prison camps on Army installations.
b. The Assistant Secretary of the Army (Financial Management and Comptroller) (ASA(FM&C)) will—
(1) Provide reimbursement policy guidance on interservice, interagency, and/or interdepartmental support agreements between installations and corrections facilities to establish civilian inmate prison camps on Army installations.
(2) Provide reimbursement policy for civilian inmate labor utilization, other than reimbursement for inmate labor itself.
(3) Review all actions pertaining to the Civilian Inmate Labor Program for compliance with Army financial management guidance.
c. The Chief of Public Affairs will—
(1) Monitor media coverage on installation civilian inmate labor programs and civilian inmate prison camps on Army installations.
(2) Coordinate all proposed media coverage of potential national interest concerning the Army Civilian Inmate Labor Program and civilian inmate prison camps with the Assistant Chief of Staff for Installation Management (ACSIM) prior to release.
d. The Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA(M&RA)) will—
(1) Provide policy guidance on inmate labor utilization issues pertaining to existing in—house resources.
(2) Provide policy guidance and procedures for apprising installation government employee labor unions of proposals to use civilian inmate labor and, for existing installation civilian inmate labor programs, apprising these unions of changes in agreements with corrections facilities governing inmate use.
e. The Assistant Chief of Staff for Installation Management will—
(1) Execute the Army Civilian Inmate Labor Program.
(2) Develop and implement policy and procedures for using civilian inmate labor and establishing civilian inmate prison camps on Army installations.
(3) Serve as the focal point for staff coordination on issues pertaining to the Civilian Inmate Labor Program and/or civilian inmate prison camps.
(4) Conduct a program review in accordance with AR 11—2 once every 5 years.
(5) Provide policy guidance on flinctions for which civilian inmate labor can be used.
(6) Review reports of availability pertaining to granting the use of Army real property.
(7) Immediately inform the Chief, Legislative Liaison of approval of civilian inmate labor programs and civilian inmate prison camps on Army installations to facilitate notification to interested members of Congress.
f The General Counsel and the Judge Advocate General will review all actions pertaining to the Civilian Inmate Labor Program and civilian inmate prison camps for compliance with applicable laws and regulations.
g. The Chief of Engineers will, in those cases involving use of Army real property, handle all matters pertaining to granting the use of Army real property.
h. The Provost Marshal General will—
AR 210—35 • 14 January 2005 1
Civilian Inmate
Labor Program
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What is martial law?
A: In popular usage, martial law means that some or all civil liberties are suspended. For example, there could be a curfew, which would prevent people from exercising their normal liberty to walk around after 9 p.m. Legally, martial 'law' means that military commanders are assigned to carry out law and order among civilians. Hence, soldiers can determine what the rules are, can arrest civilians for breaking them, and can subject them to summary justice. A person could not turn to the courts for help.
Summary Justice refers to the informal punishment of suspected offenders without recourse to a formal trial under the legal system.
* As procedure is a technical matter, requiring training, it is rarely any good in the practice of improvised justice, where emotions are often allowed to run high and cry out for swift and severe punishment (also improvised, whereas formal penal law generally prescribes measured punishment), without ample consideration, or even without due proof and rights of the defense. (IN OTHER WORDS THE LAW OF THE JUNGLE!)
Martial Law In A Nutshell
