Martial Law.... ??

I

Ignition

New member
Ok i understand the situation in New Orleans will turn over many a political battle and sadly is a black mark on govermnet but as well many many positives on goverment



what im after is why people are just fine and content with a mayor saying he can declare martial law and everyone is ok with it? does he have this power or is it just him saying something that holds no water

because the last time i checked the supreme court ruled lincolin's martial law declaration inconstitutional but said in a time of foreign invasion it could be used... and infact it was in hawaii after pearl harbor.


but here short of calling water an invading army... the only real crimes have been those of our own citizens during this ordeal

i just dont see why no one else has made something of this... i guess if im wrong and the state had something on their books that allows their mayor to supercede their constitutional rights(federal and/or state) then i stay silent
 
Louisiana has no provision for martial law, only a state of emergency. Martial law cannot be declared in Louisiana.

Mr. Nagin and his police stooge Mr. Compass, have made some very ill advised proclamations and declarations that the scope of their office cannot support or enforce. In so doing they have commited political Darwinism.

Mr. Nagin is up for re-election in February, 2006. There is already a movement underway to make sure this election takes place regardless of the state of affairs in New Orleans. Expect Mr. Nagin to be replaced at the polls. His Quadaffi looking police chief will go as well. The people of Louisiana are not fine with these occurances.
 
does he have this power or is it just him saying something that holds no water
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If you listen to Nagin long enough you will hear him say many things that just don't make sense and many more that totally contradict good sense.
Hell, just listen to him for about five minutes
 
martial law declared by lincolin was declared unconstitutional but upheld the fact it could be declared if a foreign army invaded the US. and it was used after the attack on pearl Harbor
 
I thought martial law was unconstitutional.
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Nope. The Constitution makes specific provision for it.
"Clause 2: 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." USC, Art I, Sec 9.
Lincoln's declaration of martial law was unconstitutional only because he did it wrong.

In Ex parte MERRYMAN, even doofey old Justice Taney (of Dredd Scott fame) could see that only Congress could suspend the right to habeas corpus. In Ex parte MILLLIGAN, the SCOTUS declared that Lincoln couldn't suspend habe and mandate military tribunals while civil courts still sat.

In Korematsu, the SCOTUS upheld "military zones" ordered by FDR during WWII. Later the manner of the enforcement was found to be unconstitutional.
 
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