The Five Rights You WILL LOSE Under Martial Law and One You May Still Have

Declaration of Martial Law in the U.S. Will Likely Be A Last Resort

Expect arrests, checkpoints, and searches. Uniformed soldiers will be performing these actions. This from survivalsullivan.com.

The following is an outline of what martial law is, what rights you can expect to lose, and what right you may be able to keep.

Martial Law Defined

Martial law is declared at the federal level by the President of the United States and at the state level by the state’s governor.

Serious anti-government agitation, or if civil unrest goes un-quelled for a dangerous length of time, will bring about a declaration of martial law.

Any attempt to overthrow or destabilize the legitimate government will mean martial law is enacted.

When it is declared, whether over a region of the U.S. or over the entire country, the military will assume control of law enforcement and keeping order over civilian populations.

The ranking military officer in command of the force will become the head of civilian government for the duration.

Martial Law and You

When martial law is in effect, civilians live under military law and military enforcement of that law. That means that any crimes and violations will be tried in military court in accordance with military legal proceedings.

This is an important distinction and important to understand. Perhaps most vitally, habeas corpus, a right requiring a person under arrest to be brought before a judge or into a courtroom, will be suspended.

You could be placed in a military holding cell and left there indefinitely under martial law.

Also, the following rights will go away:

  • 1st Amendment – Freedom of Speech, Assembly, and the Press

            – Expect these to be harshly curtailed under martial law, especially if one or more are the reason for martial law.

  • 2nd Amendment – Right to Bear Arms

            – You can also expect door-to-door searches to locate and seize firearms.

There is a history of this being done. In the aftermath of Hurricane Katrina, August 2005, police and military both engaged in confiscatory behavior regarding citizens’ rights to keep and bear arms.

  • 3rd Amendment – Freedom from Housing Soldiers

            – Demands for housing, storage, and logistical requirements for outfitting and mobilizing a large military force will mean that you may see your private property confiscated, or if not confiscated “temporarily repurposed” for the storage of military men and material.

  • 4th Amendment – Protection from Unreasonable Search and Seizure

            – Expect to have all of your holdings searched or inspected at any time for any reason.

You no longer have the right to be free from unreasonable searches, or seizure of your property. You’ll have soldiers knocking on your door demanding that you open up.

  • 5th Amendment – Protection to Life, Liberty, and Property

            – Your life will become much more orderly. Curfews will be a certainty. Movement in, out, and around the area affected by martial law will be watched, curtailed, or halted. You may be expected to check in with the new local authority for any number of reasons. You may be expected to answer questions, or volunteer information about your property or your skills that could be useful.

One Right You May Retain

April 1866, Ex parte Milligan, a premier court case, found the president of the United States was operating in excess of his legal powers in regards to suppression of dissent. Four men–one named Milligan, who were to be tried and sentenced under martial law, successfully argued their case before the Supreme Court.

Reacting to Martial Law

The best response to martial law, if you want to remain un-detained and not be physically punished, is to go along, not make trouble, stay out of sight, and generally don’t be a pain in the ass.

– If you live in a sparsely populated or rural area chances are martial law will be sporadically enforced at best, if at all.

– Densely populated towns and cities, especially ones near important infrastructure, industrial and commercial hubs, and military bases will be much more enthusiastically enforced.

– You may be forcibly relocated or your house taken over for government purposes.

– There may be a stop-travel order, whether or not you are desperate to leave a deteriorating situation.

– Your arms and supplies may be seized either for security or for redistribution.

– If your massive stash of food, or guns and ammo is discovered by the military, you can expect a visit.

– If you’re living in a major urban area when martial law is declared, you’ll need to make a choice, and quickly.

– If you cannot leave or are unwilling to leave you should abide by the way things are as best you can. Martial law is unlikely to go on forever in the United States unless the entire nation is in jeopardy.

Note: This is merely a brief outline concerning martial law, Def-Con News readers. For much more detail of the above information see survivalsullivan.com.