Winter Borne
Member
Today is the 38th anniversary of the Kent State Student uprising. I had just turned two in 1970 so I have no memories of the event, but it brings up some questions on martial law, states of emergency and civil unrest…
“Contrary to many media reports at the time, martial law was not declared in New Orleans in the aftermath of Hurricane Katrina, because no such term exists in Louisiana state law. However, a State of Emergency was declared, which does give unique powers to the state government similar to those of martial law. On the evening of August 31, 2005, New Orleans Mayor Ray Nagin nominally declared "martial law" and said that officers don't have to worry about civil rights and Miranda rights in stopping the looters. [9] Federal troops were a common sight in New Orleans after Katrina. At one point, as many as 15,000 federal troops and National Guardsmen patrolled the city.”
Wikipedia.
If a state of emergency is declared do all civil rights get suspended? I assume that we are all familiar with the New Orleans gun grab, but how many of us are aware of:
Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122), was signed by President Bush on October 17, 2006, and allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities.
These House Resolutions do not expire with the presidential term is over. What can we expect with this new kind of power in a Clinton administration or an Obama presidency? More importantly, what are our rights as individuals should such a state of emergency be abused by a power-centric minded leader?
I am not looking to alarm anyone here, but rather spark a legal minded Highroad Worthy debate on what role we play if any as a law abiding, yet armed polite society. We are law abiding yes, but what if the law is counter productive to you or your family’s safety? In the midst of a completely lawless environment, where even police officers were allegedly looting, honest law abiding citizens were disarmed and left to fend for themselves in the aftermath of Hurricane Katrina. Would a Democrat administration declare Chicago as a state of emergency? What about the aftermath of the twisters in VA or MO?
mk
“Contrary to many media reports at the time, martial law was not declared in New Orleans in the aftermath of Hurricane Katrina, because no such term exists in Louisiana state law. However, a State of Emergency was declared, which does give unique powers to the state government similar to those of martial law. On the evening of August 31, 2005, New Orleans Mayor Ray Nagin nominally declared "martial law" and said that officers don't have to worry about civil rights and Miranda rights in stopping the looters. [9] Federal troops were a common sight in New Orleans after Katrina. At one point, as many as 15,000 federal troops and National Guardsmen patrolled the city.”
Wikipedia.
If a state of emergency is declared do all civil rights get suspended? I assume that we are all familiar with the New Orleans gun grab, but how many of us are aware of:
Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122), was signed by President Bush on October 17, 2006, and allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities.
These House Resolutions do not expire with the presidential term is over. What can we expect with this new kind of power in a Clinton administration or an Obama presidency? More importantly, what are our rights as individuals should such a state of emergency be abused by a power-centric minded leader?
I am not looking to alarm anyone here, but rather spark a legal minded Highroad Worthy debate on what role we play if any as a law abiding, yet armed polite society. We are law abiding yes, but what if the law is counter productive to you or your family’s safety? In the midst of a completely lawless environment, where even police officers were allegedly looting, honest law abiding citizens were disarmed and left to fend for themselves in the aftermath of Hurricane Katrina. Would a Democrat administration declare Chicago as a state of emergency? What about the aftermath of the twisters in VA or MO?
mk