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Who is in charge during martial law?

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After a lengthy search on the internet, I still have an unanswered question of who is in charge during martial law? And what actual powers do they have? Now everyone knows basic military martial law, but what about small town USA, not near any bases?

 

Where is the law that delineates the details? I have seen in novels and on TV where the town mayor is the head honcho. Is that true, and where does the law state the details?

 

Is the town/village subordinate to the county/parish if there is conflicting instruction?

 

I think this would make a great informative article, but I am interested in knowing where to find this information as soon as I can.

 

Anyone else thought of this? I didn't see anything in the forums search I did.

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My understanding is that durring martial law, the civilians are no longer running things or are subordinate to whoever the OIC is.

 

Yeah, I've thought about it...look at some other countrys that have/have had martial law for examples.

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Martial law literally means that the civilian government is now subordinate to the military government. In the absence of any military presence, the civil government remains in control, but the penalties for certain crimes are much harsher (and some things that were not crimes before are considered as such now).

 

The classic examples are rape and theft. Under civil law, the maximum penalties are imprisonment for specified periods of time. Under martial law, the maximum penalty for both crimes is the same - death. Depending on just how far out of control the area is, you may still be arrested for theft (i.e., 'looting') and then taken if to stand trial (etc). But if the military unit decides to shoot you on the spot instead, it is legal for them to do so, under martial law.

 

Typically, martial law also places curfews on movement after dark, limits your right to gather into groups, or possess weaponry outside your home. These are all done to exert maximum control in the area.

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The authority that declares martial law is the one in charge. They are the only ones who can rescind the martial law decree. Interestingly enough, history has shown that civil governments are a lot more effective in declaring martial law than they are in rescinding the decree.

 

The operation of martial law is the purview of the military commander on scene. A risky business for any civilian government unless they intend to be full dictators.

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After a lengthy search on the internet, I still have an unanswered question of who is in charge during martial law? And what actual powers do they have? Now everyone knows basic military martial law, but what about small town USA, not near any bases?

 

Where is the law that delineates the details? I have seen in novels and on TV where the town mayor is the head honcho. Is that true, and where does the law state the details?

 

Is the town/village subordinate to the county/parish if there is conflicting instruction?

 

I think this would make a great informative article, but I am interested in knowing where to find this information as soon as I can.

 

Anyone else thought of this? I didn't see anything in the forums search I did.

I always thought it was the commanding officer of the occupying forces.. that was 'in charge'.

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FEMA is in charge at the national level. Hadn't really thought about the flow-thru. Even if ALL troops deployed overseas were returned, there would be manpower problems.

1. Takes considerable amount of time to return all/most of the equipment.

2. Large amount of the National Guard units are deployed as well, so the same problems.

3. Available troops would have to be deployed to the population centers, the "alpha" cities.

4. Since the police has been heavily militarized, even in small towns, would they become the "de facto" military??? We have some LEO's here, maybe somebody has solid info.

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devildog, that is an easy answer! The guy with the most firepower!

 

got that sh*t right LOL

 

guess I need to quantify that answer, it could be the military or fema but never guess that in any area

they can control anything there may be a backlash at the state level or something else we have not

foreseen.

 

well I have but if I said it you would not believe it..

Edited by juzcallmesnake

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Chain of Command is as follows 1)Senior on site Commander is the area Commander, 2) Division Commander 3) Corp Commander, and if the martial law decree covers a region the Corp. Commander is designated as the Military Governor, 4) Secretary of Defense, Secretary of Homeland Security Are the Holy Duece controling all assets Military Gov., Civilian Gov. Fed,State, and local as well as controling all commerce and trade, rescue operation and security. 4)And at the very head of all of this nothing happens with out the authorization or delegated by the President. this represents a Federal level declaration of martial law. The individual state Governors do have the authority to declare a limited state of martial law however they do not have the authority to suspend your rights only limit them (to be able to shoot you for looting or rape and murder you have to be caught in the commision of the act not just suspicion) nor do they have the ability to use federal resources they are limited to using the National Guard and the Guard's non combat vehicles (I.E. they can not use tanks, infantry combat vehicles, strykers, artillary ect. these can only be used on the federal level with the invocation of the War Powers Authority granted the President by the North American Defense Act).

Edited by warrior7r

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http://commonlawgrandjury.com/Articles/martial-law-notes.htm

 

The link might be of some interest on the subject.

 

I can only give an opinion based on what I've been taught for martial law, which I must admit can be very accurate or wrong but the information did fit in my opinion.

A local government can institute martial law and impose a curfew and other restrictions using local law enforcement with possibly a heavy presence of state police, which places command with the mayor/county commissioners/sheriff of the local area.

The governor can implement martial law for the state or to aid the local government and call up the National Guard to assist in enforcement of the stated restrictions, which places the governor in command as the "Commander in Chief" of the state forces.

The President can affirm federal support to the state and local authorities, but can also implement martial law on the national level and send in federal (active duty) troops to enforce the restrictions/regulations imposed over the "emergency", which places the President in command as "Commander in Chief".

 

Like I said, I can't verify this, but it did make sense to me.

 

On the link above, they cite a Supreme Court case where the Court ruled that martial law is unConstitutional and the President does NOT have the authority to implement martial law. Of course that was in the 1860's and we have different Justices presiding now.

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Chain of Command is as follows 1)Senior on site Commander is the area Commander, 2) Division Commander 3) Corp Commander, and if the martial law decree covers a region the Corp. Commander is designated as the Military Governor, 4) Secretary of Defense, Secretary of Homeland Security Are the Holy Duece controling all assets Military Gov., Civilian Gov. Fed,State, and local as well as controling all commerce and trade, rescue operation and security. 4)And at the very head of all of this nothing happens with out the authorization or delegated by the President. this represents a Federal level declaration of martial law. The individual state Governors do have the authority to declare a limited state of martial law however they do not have the authority to suspend your rights only limit them (to be able to shoot you for looting or rape and murder you have to be caught in the commision of the act not just suspicion) nor do they have the ability to use federal resources they are limited to using the National Guard and the Guard's non combat vehicles (I.E. they can not use tanks, infantry combat vehicles, strykers, artillary ect. these can only be used on the federal level with the invocation of the War Powers Authority granted the President by the North American Defense Act).

 

Well this is Texas and we do things a little different, A bunch come up from mexico and tried that sh*t

before.

Got that straightened out it was called the Alamo.

We are still a republic our flag still flies even with the nations flag.

 

I think it would be a mistake for anyone to "mess with Texas"

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Snake the unit tasked to DHS is the 13th ESC out of Hood it was chosen for a couple of reasons one was its location I Left the 13th 6 months ago I have lived in Texas and was in the Guard in Texas prior to 9/11 my father lives in the Dallas area and owns multiple security companies as well as directs the fallen officer fund so I am very familar with Tx. I am also familar with the states emergency action plans and they are not suficiently different enough to distinguish them from any other state, Texas' difference is in the states individual freedoms during normal times and mundane emergencies. During a state of martial law your looking at a whole new ballgame that will look like every other states. God help us all if martial law is declared federally I know the plans contingencies and the reactions. I have already "been called into the office" about having a big mouth even though I haven't breached security or divulged anything restricted. But all of you need to know you have no clue how bad it is going to be if any of the several its the uncle is tracking occur and they stick to current plans if you really want to get a glimpse pull the national budget for the last 9 year cross reference it with FEMA requisitions, Military BRAC plans and the public but not announced DHS Critical Disaster Response Plan and add it to your states joint plans for declared martial law yes every state has one and DHS and DOD have the agreements already in place yes Snake even Texas . As for me in 8 months I am retired and my nearest neighbor will be sixty miles away literally and intentionally and if you think I am paranoid one of the COL. from the 13th sold every stock all his bonds and cleared out his life savings, bought a retired titan missle complex and has armed himself to the teeth. Brig. Gen Hildner couldnt take the stress of it and died of a heart attack in Afganistan leading an 84 person contingent of the 13th so uncle could cover the 13ths true purpose. I didn't care much for Hildner he was a double talking politician but he did not deserve that. Sorry I digress Snake ever wonder why The Armies two largest bases since BRAC began are in Texas.

Edited by warrior7r

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Martial law is only part of the picture. Martial law suspends your civil rights and civil law. Curfews are put into position. Civilians would be held to martial laws and punished by military tribunal. Oh and forget habeas corpus.

another part of the picture is National Defense Authorization Act (NDAA) for Fiscal Year 2012. Signed into law by the current commander in chief. (Its too early in the day to speak his name). The Act authorizes $662 billion in funding,"for the defense of the United States and its interests abroad." Title X, Subtitle D, entitled "Counter-Terrorism" sub-sections 1021 and 1022 are the most disturbing and troubling. These sections deal with the scope of the President's authority over those they claim may be held indefinitely in martial detention could include U.S. citizens arrested on American soil, including arrests by members of the Armed Forces. These sections essentially repeal the Posse Comitatus Act of 1878. It basically allows the military to be used as law enforcement on American soil without the declaration of martial law.

To answer your question of who is in charge. Well little by little it is not "we the People".

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One thing to also realize is that Posse Comitatus does NOT apply to the Dept of Navy (Marines). That is why after the fallout over US Army SF being "involved" at Waco, they sent the Marines to Montana to deal with the Freemen situation. Regardless of what they do to "protect" the People, be assured, they will do more to protect themselves.

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Yes it is going to be a wild ride but like all things the government has tried it will be a mess

and the people will push back and as military are people and as we have seen recently

would be willing to do anything to express their ire {on both sides} and I think this scenario

will be more like the civil war where the military split over government policy.

 

Let us not forget that those soldiers have family so that may work in civilian favor and of

course our retired and ex military who have friends and neighbors inside.

it will make it real complicated and very divisive and I hope it never happens it would be too crazy.

 

and like our voting on a national scale it's about 50/50 I can almost guarantee a problem.

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My truest fear is foreign troops. I know the argument about if the economy collapses they won't be able to afford a war either, but I have a few theories to play devil's advocate...

1) Have you noticed that most illegal insurgents from south of the border are of military age? or know how many eastern bloc "comrades" are here because our government is paying for them to come here and learn jobs like truck driving (which enables them to learn our roads very fast)? The government also subsidizes any company who "hires" them.

2) If the conspiracy theorists are correct ( I did say IF), and there is the cabal of power players; they have already stolen all our money, so have the funds to hire their mercenary army.

Ok, so I just wanted to stir the pot some more...lol.

 

And JCMS, I agree, if it happens, it will be one huge "Charlie Foxtrot".

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I watch the way our civil liberties twist and bend, and I am reminded of the oath I took when I enlisted in the Army. The critical phrase was "I swear to defend the Constitution of the United States of America, against all enemies, foreign and domestic."

 

It's those last two words that are going to be big trouble some day, I think. Because although I'm no longer active duty, the oath remains. (That's why it's an *oath* not a campaign promise, or a contract, or a pledge...)

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I watch the way our civil liberties twist and bend, and I am reminded of the oath I took when I enlisted in the Army. The critical phrase was "I swear to defend the Constitution of the United States of America, against all enemies, foreign and domestic."

 

It's those last two words that are going to be big trouble some day, I think. Because although I'm no longer active duty, the oath remains. (That's why it's an *oath* not a campaign promise, or a contract, or a pledge...)

+100 and HOOAH.

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I watch the way our civil liberties twist and bend, and I am reminded of the oath I took when I enlisted in the Army. The critical phrase was "I swear to defend the Constitution of the United States of America, against all enemies, foreign and domestic."

 

It's those last two words that are going to be big trouble some day, I think. Because although I'm no longer active duty, the oath remains. (That's why it's an *oath* not a campaign promise, or a contract, or a pledge...)

I don't guess you read this thread. http://www.survivalcache.com/forums/showthread.php?1844-WHY-I-harp-about-the-Constitution

Please, let us know what you think.

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Martial law is only part of the picture. Martial law suspends your civil rights and civil law. Curfews are put into position. Civilians would be held to martial laws and punished by military tribunal. Oh and forget habeas corpus.

another part of the picture is National Defense Authorization Act (NDAA) for Fiscal Year 2012. Signed into law by the current commander in chief. (Its too early in the day to speak his name). The Act authorizes $662 billion in funding,"for the defense of the United States and its interests abroad." Title X, Subtitle D, entitled "Counter-Terrorism" sub-sections 1021 and 1022 are the most disturbing and troubling. These sections deal with the scope of the President's authority over those they claim may be held indefinitely in martial detention could include U.S. citizens arrested on American soil, including arrests by members of the Armed Forces. These sections essentially repeal the Posse Comitatus Act of 1878. It basically allows the military to be used as law enforcement on American soil without the declaration of martial law.

To answer your question of who is in charge. Well little by little it is not "we the People".

 

We the people have not been in charge for a long time The May 27th, 2011 rewrite and update of the North American Defense Act just made it official that rewrite changed the governments position from its survival being critical to rebuild and protect the people of the U.S. to redefining the Government as the U.S. there by making only the governments survival of the of paramount importance. This last bill is what the government has been waiting to finalize for twenty years. They accomplished it this year The U.S. is now a Tyranical Police State! our basic rights the 1st, 2nd, 4th, 5th, 6th, 7th, 9th and 10th amendments have been violated and abridged contrary to the bill of rights which was written specifically to keep the government from abridging or violating I submit a portion of the Bill of Rights Preamble

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Having openly and blatantly violated the Bill of Rights and ammending them with unconstitutional Acts of Congress and Executive Orders, they (The Government) have already instituted a Tyranical Police State. Your oaths may be forever but those of us still on active Duty cannot speak out or petition for redress we have to do what we are told till either the people speak out officially or it becomes so blatant and or the acts so hienous we walk away.

Edited by warrior7r

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