Preemptive post

[melm00se]

This meme has been floating around:

This was the ruling of The United States Supreme Court shortly after the “civil war” in Ex parte Milligan, 71 U.S. 2 (1866) which yet stands to this day: “Neither the legislature nor any executive or judicial officer may disregard the provisions of the constitution in case of emergency …”

”Section 98 therefore, ANYONE who declares the suspension of constitutionally guaranteed rights (to freely travel, peacefully assemble, earn a living, freely worship, etc.) and or attempts to enforce such suspension within 50 independent, sovereign, continental United States of America is making war against our constitution(s) and, therefore, we the people. They violate their constitutional oath and, thus, immediately forfeit their office and authority and their proclamations may be disregarded with impunity and that means ANYONE; even the governor and President.”

and in an effort to combat this, I wrote the following response and have it set for cut and paste to any chucklehead who posts it:

Here is the ex parte Milligan decision:

https://www.law.cornell.edu/supremecourt/text/71/2

I don't see the verbiage from the screenshot in the actual ruling.

Perhaps my "liberal" zeal made my reading comprehension fail. Can you find it?

I'll wait.
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Didn't find it either huh?

So lets look at ex parte Milligan.

The question in ex parte Milligan was whether the application of a military tribunal to citizens when civilian courts were still operating was constitutional.

The Court ruled that martial law can be applied in "the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society, and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course." The Court went on to say that the application of martial law is limited in duration.

The court specifically held that "[m]artial rule can never exist where the courts are open and in the proper and unobstructed exercise of their jurisdiction."

But of course, never let facts bet in the way of a meme.

Please feel free to post it whenever you see drivel.

[blm]

1. Grazie