Kent State 38 years later…

[Winter Borne]

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

 

[JWarren]

I am not sure that I am understanding your question.


It IS true that a "Martial Law" was not in force anywhere down here during Katrina.

When Nagin stated that he had "declared martial law," I just looked over at my father-in-law and said... "Doesn't he realize that "Martial Law can ONLY be declared by the US Congress?"

Of course, that becomes symantics when the officials THINK they can, and the LEO's/Military THINK they can legally enforce it.

They won't be willing to debate the point with you at that point and consequences can be dire-- legal or not.


But what was the question again?


-- John

 

[Mr_Rogers]

I would like to comment on one point you make.

I was absolutely amazed at the stupidity of the politicians who rushed in to authorize or approve the extra "anti terrorist" powers claimed by the administration. Did these people not see that those powers would far outlast the present administration? Did they not see that, even if their own intentions were absolutely pure, they were approving powers that could cause horrific damage to the country if they fell into the wrong hands? I can only imagine that they thought THEIR team would by in control for eternity.

We now have a collection of powers handed to our political leaders, several unconstitutional, that are unlikely to ever be repealed. These powers will be in the hands of any wacko (add your preferred politicians name here !! ) who gets elected.

The grim justice I am looking for is the time when the people who voted for these infringements on our freedom get arrested as a result of the votes they made.

We claim our RKBA as a right under the BoR. The BoR means nothing if recently approved powers are ever used against us. The legislation that was, supposedly, to protect our country may end up being the most de-stabilizing legislation in our history.

 

[Picard]

In that sort of a situation, we should stop looking to the legal system as a guideline and just do what we need to for survival. I would not do anything immoral, but that's not because I have a law telling me not to do so.

When even the government is breaking the rules, there are no rules. In that sort of a situation, I will not comply.