Suspending the Constitution = Anarchy

I just read this over at DRT News,

Quoting from this source.

In strict dictionary terms, martial law is the suspension of civil authority and the imposition of military authority. When we say a region or country is "under martial law," we mean to say that the military is in control of the area, that it acts as the police, as the courts, as the legislature. The degree of control might vary - a nation may have a civilian legislature but have the courts administered by the military. Or the legislature and courts may operate under civilian control with a military ruler. In each case, martial law is in effect, even if it is not called "martial law."

There's been talk lately about how another terrorist attack would trigger the suspension of the Constitution and elections. With very limited exceptions, there is no Constitutional provision for martial law or the suspension of the Constitution in whole or in part.

If any of these things were to happen, then the US would no longer exist. In the United States, there is no national law except under the terms of the Constitution. By definition, authorities would no longer have any authority. "Continuity of government" plans that include the suspension of any part the Constitution are an oxymoron.

Also, it's good to remember that the most powerful lawman in the land isn't federal or military. It's your local sheriff.

The sheriff of your county is the highest elected official and has more power than most people realize. Your local sheriff has the power to tell dragoons from various federal alphabet soup agencies that they will not come into his/her county and attempt to enforce unconstitutional "laws." Your local sheriff is there to protect your rights, not the actions of an out of control government whether it be state or federal.

The way I interpret this is any attempt to install Martial Law and suspend the consititution is a sham. There is nothing, no where that allows it. Any attempt to do so would be no different than an invading army.

No Constitution, No Law. Period.

So if they do suspend the constitition, then the United States ceases to exist. Any so-called "law and order" after that point is total BS... its just a bunch of criminals with guns who are attempting to rule by force, and nothing more. Unless your local sheriff stands up to these guys, it's anarchy... and possibly civil war.

Besides, as I mentioned in my post Political Optimism, if they declare Martial Law, there is no way to sucessfully enforce it in the United States... we are simply too big and diverse. Any success will depend on propoganda and local law enforcement, who are obliged by law to obey the constitution, and tell these martial law guys to go to hell.

In related news, retention rates for re-enlistment are way down. I wonder why. The bottom line is there just isn't enough people to maintain martial law. The situation would quickly degrade into an Iraq quagmire, except on a much, much larger scale. Most American military personel have a hard enough time fighting foreign enemies, imagine what they will do when confronted by thier own countrymen? Every military person I know will not go along with martial law for long.

Posted by paul at April 16, 2004 05:29 PM | TrackBack