CapnMac
Member
Hard not to have these sorts of conversations while at LoAC seminars. Duke brings up a salient point--one which seems to derail professional discussions on this topic.
The "why" of that is subtle, though. The conflict of 1861-65 was not a true civil war. CSA did not wish to overthrow USA, only to not be forced back into Union.
The case being considered here is of an all-inclusive federal law and a suspension of posse comitatus, which could pose a very real situation where parties would have to choose between what would then be lawful orders and the morality that made those orders lawful.
Now, an executive directive, or similar federal mandate (say an arbitrary ruling by AGUSA), then, that is some different. Even under martial law declarations, then the underlying foundations of the Constitution remain.
Sadly this gets to much thinking well "above pay grade" you start questioning whether a given civilian authority is allowed to declare martial law, or that the rules promulgated under martial law are just or mete.
Personally, I have to hope it never comes down to that. Bad enough engaging in OEM planning for asteroid strikes, hurricanes, zombieapocalypsae and the like . . . <sigh>
The "why" of that is subtle, though. The conflict of 1861-65 was not a true civil war. CSA did not wish to overthrow USA, only to not be forced back into Union.
The case being considered here is of an all-inclusive federal law and a suspension of posse comitatus, which could pose a very real situation where parties would have to choose between what would then be lawful orders and the morality that made those orders lawful.
Now, an executive directive, or similar federal mandate (say an arbitrary ruling by AGUSA), then, that is some different. Even under martial law declarations, then the underlying foundations of the Constitution remain.
Sadly this gets to much thinking well "above pay grade" you start questioning whether a given civilian authority is allowed to declare martial law, or that the rules promulgated under martial law are just or mete.
Personally, I have to hope it never comes down to that. Bad enough engaging in OEM planning for asteroid strikes, hurricanes, zombieapocalypsae and the like . . . <sigh>