"Under martial law, the Bill of Rights becomes null and void"

The Late, Great American Nation
By John W. Whitehead
The Rutherford Institute

“It is proper to take alarm at the first experiment on our liberties.”
— James Madison

We live in a fundamentally different country since 9/11. Not only do many Americans view their government with suspicion, but how their government views them has drastically changed.

A perfect example of this took place last fall. Prior to the elections that transformed the makeup of Congress, the Bush Administration pushed for the inclusion of two stealth provisions into a mammoth defense budget bill. The additions made it easier for the government to declare martial law and establish a dictatorship.

Since the days of our Founding Fathers, when King George III used his armies to terrorize and tyrannize the colonies, the American people have understandably distrusted the use of a national military force to intervene in civilian affairs, except in instances of extreme emergency and limited duration.

Hence, as a sign of the Founders’ concern that the people not be under the power of a military government, control of the military was vested in a civilian government, with a civilian commander-in-chief. And the Posse Comitatus Act of 1878 furthered those safeguards against military law, making it a crime for the government to use the military to carry out arrests, searches, seizure of evidence and other activities normally handled by a civilian police force.

However, with the inclusion of a seemingly insignificant rider into the massive defense bill (the martial law section of the 591-page Defense Appropriations Act takes up just a few paragraphs), the Bush Administration has managed to weaken what the New York Times refers to as “two obscure but important bulwarks of liberty.” One is posse comitatus. The other is the Insurrection Act of 1807, which limits a president’s domestic use of the military to putting down lawlessness, insurrection and rebellion where a state is violating federal law or depriving the people of their constitutional rights.

(The article is here.)