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wyn borkins

wyn borkins's Journal
wyn borkins's Journal
April 6, 2025

If Violence Portends: Beware the Ides of 'Martial Law'

Corrected to replace my poorly-referenced discussion of Martial Law with text by onenote.

"The Supreme Court long ago explained what martial law is and the limits of its implementation under the Constitution:

Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866)

"If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on 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. As necessity creates the rule, so it limits its duration; for, if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war."


Absolutely Worth Noting (Right-The-Hell Now)

"Nothing good ever comes of violence"

(Martin Luther, 1483-1546)

January 24, 2022

Re-Posting This Piece (Here) From Yesterday

Wherein I did indeed set it in play by way
Of irisblue's Cooking & Baking all day
On her tantalizing Breakfast Sunday

Little girl me
Once
Upon a porch stool
Once
I did wait and watch
Once
Finally caught them
Once
Frosty cold were they
Once
Made me smile so bigly
Once
Snowflakes on my tongue
Once
Oh please I beg let me be
Once
Again --- that little girl me

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