Thank you, Judge Doumar, for your kind introduction. I am very
pleased to be here today to help celebrate the 100th anniversary of the
founding of the Norfolk and Portsmouth Bar Association.I am going to speak this afternoon about civil liberty in time of war, focusing first on the Civil War and then on World War II. I have chosen this subject in part because of the importance of the Civil War in this historic area.
Even those of you who did not major in history probably know that
Abraham Lincoln was elected President in November of 1860, and was
inaugurated as President on March 4, 1861. Between the time of his
election and his inauguration, the seven states of the deep south --
South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and
Texas -- had seceded from the Union and elected Jefferson Davis as their
President. For the first six weeks of Lincoln's administration, the
cabinet debated what to do about the Union garrison at Fort Sumter, on
an island in the harbor of Charleston, South Carolina. In mid-April, the
Confederate shore batteries opened up on the fort, and the garrison
surrendered the next day. Lincoln called for 75,000 volunteers to put
down the rebellion, and the four states of the upper south -- Virginia,
North Carolina, Tennessee, and Arkansas -- seceded and joined the
original seven states of the Confederacy .... The Civil War had begun ..
... The day after Merryman sought the writ, Chief Justice Roger Taney, who was sitting as a circuit judge in Baltimore, ordered the government to show cause why Merryman should not be released. A representative of the commandant of Fort McHenry appeared in court for the government to advise Taney that the writ of habeas corpus had been suspended, and asked for time to consult with the government in Washington. Taney refused, and issued an arrest warrant for the commandant. The next day, the marshal reported that in his effort to serve the writ he had been denied admission to the fort. Taney then issued an opinion in the case declaring that the President alone did not have the authority to suspend the writ of habeas corpus -- only Congress could do that -- and holding that Merryman's confinement was illegal. The Chief Justice, knowing that he could not enforce his order, sent a copy of it to Lincoln.
Lincoln ignored the order, but in his address to the special session of Congress which he had called to meet on July 4, 1861, he adverted to it in these words:
Must [the laws] be allowed to finally fail of execution even had it been perfectly clear that by the use of the means necessary to their execution some single law, made in such extreme tenderness of the citizen's liberty that practically it relieves more of the guilty than of the innocent, should to a very limited extent be violated? To state the question more directly, are all the laws but one to go unexecuted, and the government itself go to pieces less that one be violated?Lincoln, with his usual incisiveness, put his finger on the debate that inevitably surrounds issues of civil liberties in wartime. If the country itself is in mortal danger, must we enforce every provision safeguarding individual liberties even though to do so will endanger the very government which is created by the Constitution? The question of whether only Congress may suspend it has never been authoritatively answered to this day, but the Lincoln administration proceeded to arrest and detain persons suspected of disloyal activities, including the mayor of Baltimore and the chief of police.
Newspaper publishers did not escape the government's watchful eye during the Civil War either -- particularly the New York press, which had a disproportionate impact on the rest of the country. Newspapers in smaller cities frequently simply reprinted stories which had run earlier in the metropolitan press. In August 1861, a grand jury sitting in New York was outraged by an article in the New York Journal of Commerce -- a paper which opposed the war -- that listed over one hundred Northern newspapers opposed to "the present unholy war." Without hearing any evidence or receiving any legal instructions from the judge, the grand jury made a "presentment" as to five anti-war New York newspapers -- a written notice taken by a grand jury of what it believes to be an indictable offense. >>continue>> http://www.supremecourt.gov/publicinfo/speeches/viewspeeches.aspx?Filename=sp_05-03-00.html
COYOTE HOWLIN I [CHI], Is this family a global leadership in which we can trust? Partially? Wholly?
Do We The People of America [WTPA] think we can choose a higher intelligent system of conflict resolution and contract negotiations as well as managing our own digital exchanges, in a far more sophisticated civilized society?
When do WTPA the majority take back and therefore, stop the monopoly control, NEWS? Education? We have the internet.
Not, as yet, wholly owned by the fascists that have been at mass murdering since the beginning of choosing to be fiends rather than human.
Can't the law school such as W&M move ONLINE, to be in every 'federal building standing in America' and in every home which Microsoft has promised a computer?
Isn't it clear, MONGERS OF WAR are criminally insane?
Do WTPA majority agree, CITIZENS' LAWYERS was the best choice, long before the lunatics got hold of the digital dust and thought they had become some kind of god to destroy the idea of true liberty. Good idea, God, the internet for all eyes, ears, yes and brains too, to get freedom in the natural truth once again.
http://www.lincstothepast.com/exhibitions/treasures/magna-carta-/-charter-of-the-forest/
Wall Street erected its phallic symbol in New Amsterdam, and the natives were not allowed to trade in their own homeland. The beginning of how a wall was erected, as it always is, IE PALESTINE and then the nastiest of creatures figure out how to be more clever than the others and get all that can be gotten by lying, cheating, stealing and killing. Calling the behavior whatever can be sold to the hideous inhuman diseased-flesh eaten holes, unholy 'brain' and contaminated mind/s.
Slyly selling law as though a uppity commodity, attracting the dumb of our WTPA, via television, movies, publications, news, information, schools, medicine, systems of control, controlling the 'goyim' or whatever the stock can be branded for mark-to-market in trading on Wall Street.
The Federal Reserve System pays the William H. Rehnquists to commit high treason to-on-in the United States Constitution.
Welcome to the Public Employees' Retirement Systems [PERS]. Isn't it clever how the PUBLIC is the hat, brand, pin, flag, whatever can be worn as labeled jingoistic no truth in the honor of liberty though.
Rehnquist continues ... Surely Abraham Lincoln is the greatest of American Presidents,
[COYOTE HOWLIN I (CHI), IN A WORD NO! THIS IS EXACTLY WHY THE FRAMERS OF THE CONSTITUTION SAID: CITIZENS' LAWYERS!! NO LINCOLN WAS NOT THE GREATEST OF AMERICAN PRESIDENTS AND FOR Rehnquist TO SAY SUCH A TON OF STUPID SAYS VOLUMES OF HIS 'SMART METER BRAIN']
and Franklin Roosevelt ranks high among the runners up. Lincoln did not himself approve in advance of most of the arrests, detentions, and trials before military commissions which took place during the Civil War. His cabinet secretaries and other advisors did that, but Lincoln acquiesced in almost all of their decisions. The same may be said for Franklin Roosevelt during the Second World War; he did not originate the plan for the relocation of the Japanese from the west coast, but he unhesitatingly acquiesced in it when he was told that it was a necessary war measure.
Lincoln felt that the great task of his administration was to preserve the Union. If he could do it by following the Constitution, he would; but if he had to choose between preserving the Union or obeying the Constitution, he would quite willingly choose the former course. Franklin Roosevelt felt the great task of his wartime administration was to win World War II, and, like Lincoln, if forced to choose between a necessary war measure and obeying the Constitution, he would opt for the former.
This is not necessarily a condemnation. Both Lincoln and FDR fit into this mold. The courts, for their part, have largely reserved the decisions favoring civil liberties in wartime to be handed down after the war was over. Again, we see the truth in the maxim Inter Arma Silent Leges -- time of war the laws are silent.
To lawyers and judges, this may seem a thoroughly undesirable state of affairs, but in the greater scheme of things it may be best for all concerned. The fact that judges are loath to strike down wartime measures while the war is going on is demonstrated both by our experience in the Civil War and in World War II. This fact represents something more than some sort of patriotic hysteria that holds the judiciary in its grip; it has been felt and even embraced by members of the Supreme Court who have championed civil liberty in peacetime. Witness Justice Hugo Black: he wrote the opinion for the Court upholding the forced relocation of Japanese Americans in 1944, but he also wrote the Court's opinion striking down martial law in Hawaii two years later. While we would not want to subscribe to the full sweep of the Latin maxim -- Inter Arma Silent Leges -- in time of war the laws are silent, perhaps we can accept the proposition that though the laws are not silent in wartime, they speak with a muted voice.
In a word, traitor. Sub-human. Those that continue to call war a happening rather than a causation of the most criminally insane of our species, can't be in leadership positions. This intelligence has been around for a long time. Look how the gulag has crafted the web of digital surveillance into every facet of WTPA lives and of course there is no such idea anymore, right to privacy or civil rights' either. Human rights? INDELIBLE >>http://www.answers.com/topic/indelible
- Impossible to remove, erase, or wash away; permanent: indelible ink.
- Making a mark not easily erased or washed away: an indelible pen for labeling clothing.
- Unable to be forgotten; memorable: an indelible memory.
https://en.wikipedia.org/wiki/Levellers>~ The Levellers were a political movement during the English Civil War which emphasised popular sovereignty, extended suffrage, equality before the law, and religious tolerance, all of which were expressed in the manifesto "Agreement of the People". They came to prominence at the end of the First English Civil War and were most influential before the start of the Second Civil War. Leveller views and support were found in the populace of the City of London and in some regiments in the New Model Army .. The levellers were not a political party in the modern sense of the word, and did not all conform to a specific manifesto. They were organised at the national level, with offices in a number of London inns and taverns such as The Rosemary Branch in Islington which got its name from the sprigs of rosemary that Levellers would wear in their hats as a sign of identification. From July 1648 to September 1649 they published a newspaper The Moderate,[1] and were pioneers in the use of petitions and pamphleteering to political ends.[2][3] They identified themselves by sea-green ribbons worn on their clothing. After Pride's Purge and the execution of Charles I, power lay in the hands of the Grandees in the Army (and to a lesser extent with the Rump Parliament).
FRAMERS' of past documents that have over and over again drawn the boundary by the truly higher intelligence of our species, see WALKER F. TODD, PROGRESS AND PROPERTY RIGHTS, From the Greeks to Magna Carta to the Constitution. Book review has been an ongoing project here AT the art of 12, BUT purchase the book and begin to PETITION as again the necessity has arisen.
A. Comparing Barry Soetero with Lincoln was very appropriate, not only were the class of jackals that racketeer off human flesh of their own species and also the indelible rights' in courts as though Shylock is fully in charge, sold down the river worse than South Africa's apartheid.
B. Supreme Court Chief Justice Rehnquist did not honor true history and neither did Lincoln because he was the bought and paid for "President" of the Houses of Rothschild and Rockefeller, his first FEDERAL POWER over the courts was his own law firm where the trap doors were firmly hidden from plain view. Watching over juries and also deliberations, Lincoln of course got to rule for the MODERNIZATION of America. Sold us down the river, Lincoln did. Then how amazing, almost all of his cases ruling in favor of CORPORATE POWER were lost in a fire.
The United States of America needs to get clean, whole, firm about the law. Either we are a country that honors due process law and this includes NO ILLEGAL WARS FOR WALL STREET'S INVESTMENT RETIREMENT PORTFOLIOS,
THE SLOBS AND THE BLOB/S DO NOT HAVE THE RIGHT TO REWRITE HISTORY!
thank you JeffreyS!
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