Monday, October 17, 2005

Martial Law? It's Already here

Russ writes:

You’re about 4 years late – we’ve been living under martial law since passage of Patriot Act.
In fact some Constitutional scholars hold that suspension of habeas corpus equates with martial law.
The Patriot Act effectively provides for this, allowing President to declare ANYONE an ‘enemy combatant’ who can be held incommuicado indefinitely.
“The martial law concept in the U.S. is closely tied with the Writ of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law. Article 1, Section 9 of the U.S. Constitution 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." (http://en.wikipedia.org/wiki/Martial_law#United_States_of_America... Okay, Wikipedia isn’t scholarly source, but it’s probably accurate.)


Russ makes an excellent point. Moreover, Bush signed a secret executive order granting him the write to execute anyone, including American citizens, he declares to be an "enemy combattant."

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