Martial Law considered in Galveston, Texas

[Catherine Vincent]

http://www.chron.com/disp/story.mpl/front/6005187.html
BOLIVAR PENINSULA — Military helicopters are being used to rescue people from Hurricane Ike-ravaged Bolivar Peninsula.

Two Blackhawk helicopters this afternoon airlifted 18 people from the area east of Galveston, where Ike made landfall early Saturday.

Galveston County Judge Jim Yarbrough said today that the holdouts on Bolivar Peninsula will be required to leave in the next few days. Officials are prepared to impose martial law if needed to empty the barrier island scraped clean by Ike.

[Aristus]

1. Quick clarification for the easily frightened.

Martial law does not necessarily mean National Guard troopers roaming the streets with M-16s. National Guardsmen often do that in support of CIVIL law. Martial law is when military judges replace civilian judges in the courts.

[uppityperson]

2. So you are saying they are going to replace civilian judges with military ones? Here's more info...

http://www.usconstitution.net/consttop_mlaw.html

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."

Martial law should not be confused with military justice. In the United States, for example, each branch of the military has its own judicial structures in place. Members of the service are under the control of military law, and in some cases civilians working for or with the military may be subject to military law. But this is the normal course of business in the military. Martial law is the exception to the rule. In the United States, the military courts were created by the Congress, and cases can be appealed out of the military system to the Supreme Court in many cases. In addition, a civilian court can petition the military for habeas corpus.

Article 1, Section 9 states, "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Habeas corpus is a concept of law, in which a person may not be held by the government without a valid reason for being held. A writ of habeas corpus can be issued by a court upon a government agency (such as a police force or the military). Such a writ compels the agency to produce the individual to the court, and to convince the court that the person is being reasonably held. The suspension of habeas corpus allows an agency to hold a person without a charge. Suspension of habeas corpus is often equated with martial law.

Because of this connection of the two concepts, it is often argued that only Congress can declare martial law, because Congress alone is granted the power to suspend the writ. The President, however, is commander-in-chief of the military, and it has been argued that the President can take it upon himself to declare martial law. In these times, Congress may decide not to act, effectively accepting martial law by failing to stop it; Congress may agree to the declaration, putting the official stamp of approval on the declaration; or it can reject the President's imposition of martial law, which could set up a power struggle between the Congress and the Executive that only the Judiciary would be able to resolve.

In the United States, there is precedent for martial law. Several times in the course of our history, martial law of varying degrees has been declared. The most obvious and often-cited example was when President Lincoln declared martial law during the Civil War. This instance provides us with most of the rules for martial law that we would use today, should the need arise....(more)

http://members.tripod.com/Sidlinger/ml.html

The following guide will help you plan, prepare, and get ready in the event that martial law threatens you safety and well being. It is divided into two parts. The first part describes the framework for martial law and the second part the actions to take in preparing for the actual declaration of martial law.

INTERESTING FACTS

* Martial law is defined as: military rule or authority imposed on a civilian population when the civil authorities cannot maintain law and order, as in a time of war or during an emergency.
* Hitler turned Germany into a Nazi dictatorship through executive orders.
* Executive Order 10995: All communications media are to be seized by the Federal Government. Radio, TV, newspapers, CB, Ham, telephones, and the internet will be under federal control. Hence, the First Amendment will be suspended indefinitely.
* Executive Order 10997: All electrical power, fuels, and all minerals well be seized by the federal government.
* Executive Order 10998: All food resources, farms and farm equipment will be seized by the government. You will not be allowed to hoard food since this is regulated.
* Executive Order 10999: All modes of transportation will go into government control. Any vehicle can be seized.
* Executive Order 11000: All civilians can be used for work under federal supervision.
* Executive Order 11490: Establishes presidential control over all US citizens, businesses, and churches in time of "emergency."
* Executive Order 12919: Directs various Cabinet officials to be constantly ready to take over virtually all aspects of the US economy during a State of National Emergency at the direction of the president.
* Executive Order 13010: Directs FEMA to take control over all government agencies in time of emergency. FEMA is under control of executive branch of the government.
* Executive Order 12656: "ASSIGNMENT OF EMERGENCY PREPAREDNESS RESPONSIBILITIES", "A national emergency is any occurrence, including natural disaster, military attack, technological emergency, or other emergency that seriously degrades or seriously threatens the national security of the United States. Policy for national security emergency preparedness shall be established by the President." This order includes federal takeover of all local law enforcement agencies, wage and price controls, prohibits you from moving assets in or out of the United States, creates a draft, controls all travel in and out of the United States, and much more.
* Martial law can be declared due to natural disasters, Y2k Crisis, Stock Market crash, no electricity, riots, biological attack, .... anything leading to the breakdown of law and order....(more)

http://en.wikipedia.org/wiki/Martial_law#Hurricane_Katrina

Hurricane Katrina

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 didn't have to observe civil rights and Miranda rights in stopping the looters. <7> 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. Additionally it has been reported that armed contractors from Blackwater USA assisted in policing the city.<8>