It is clear our Founding Fathers did not believe in Marshal Law. It goes directly against liberty and freedom.
“Why suspend the habeas corpus in insurrections and rebellions? Examine the history of England. See how few of the cases of the suspension of the habeas corpus law have been worthy of that suspension. They have been either real treasons, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.” ~ Thomas Jefferson (1743-1826), US Founding Father, drafted the Declaration of Independence, 3rd US President
letter to James Madison, 1788
“But what is tyranny? Or how can a free people be deprived of their liberties? Tyranny is the exercise of some power over a man, which is not warranted by law, or necessary for the public safety. A people can never be deprived of their liberties, while they retain in their own hands, a power sufficient to any other power in the state.” ~ Noah Webster (1758-1843) American patriot and scholar, author of the first dictionary of American English usage (1806) and the author of the 1828 edition of the dictionary that bears his name.
An Examination into the Leading Principles of the Federal Constitution, 42-43, (1787)
“It is my belief that there are “absolutes” in our Bill of Rights, and that they were put there on purpose by men who knew what the words meant and meant their prohibitions to be "absolutes.” ~ Justice Hugo L. Black (1886-1971) US Supreme Court Justice
“Whereas civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as military forces, which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.” ~ Tench Coxe (1755-1824) American political economist
Writing as "A Pennsylvanian," in "Remarks On The First Part Of The Amendments To The Federal Constitution,"
in the Philadelphia Federal Gazette, June 18, 1789, p.2 col.1
“The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.” ~ Justice David Davis (1815-1886) U.S. Supreme Court Justice 1862-1877
Ex parte Milligan 71 U.S. 2 (1866) DAVIS, J., Opinion of the Court
“The framers of the constitution knew human nature as well as we do. They too had lived in dangerous days; they too knew the suffocating influence of orthodoxy and standardized thought. They weighed the compulsions for restrained speech and thought against the abuses of liberty. They chose liberty.” ~ Justice William O. Douglas (1898-1980), U. S. Supreme Court Justice
Beauharnais v.Illinois, 342 U.S. 250, 287 (1952)
“Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the federal government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency.” ~ Justice Charles Evans Hughes (1862-1948) Chief Justice of the U.S. Supreme Court
It is clear our Founding Fathers did not believe in Marshal Law. It goes directly against liberty and freedom.
“Why suspend the habeas corpus in insurrections and rebellions? Examine the history of England. See how few of the cases of the suspension of the habeas corpus law have been worthy of that suspension. They have been either real treasons, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.” ~ Thomas Jefferson (1743-1826), US Founding Father, drafted the Declaration of Independence, 3rd US President letter to James Madison, 1788
“But what is tyranny? Or how can a free people be deprived of their liberties? Tyranny is the exercise of some power over a man, which is not warranted by law, or necessary for the public safety. A people can never be deprived of their liberties, while they retain in their own hands, a power sufficient to any other power in the state.” ~ Noah Webster (1758-1843) American patriot and scholar, author of the first dictionary of American English usage (1806) and the author of the 1828 edition of the dictionary that bears his name. An Examination into the Leading Principles of the Federal Constitution, 42-43, (1787)
“It is my belief that there are “absolutes” in our Bill of Rights, and that they were put there on purpose by men who knew what the words meant and meant their prohibitions to be "absolutes.” ~ Justice Hugo L. Black (1886-1971) US Supreme Court Justice
“Whereas civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as military forces, which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.” ~ Tench Coxe (1755-1824) American political economist Writing as "A Pennsylvanian," in "Remarks On The First Part Of The Amendments To The Federal Constitution," in the Philadelphia Federal Gazette, June 18, 1789, p.2 col.1
“The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.” ~ Justice David Davis (1815-1886) U.S. Supreme Court Justice 1862-1877 Ex parte Milligan 71 U.S. 2 (1866) DAVIS, J., Opinion of the Court
“The framers of the constitution knew human nature as well as we do. They too had lived in dangerous days; they too knew the suffocating influence of orthodoxy and standardized thought. They weighed the compulsions for restrained speech and thought against the abuses of liberty. They chose liberty.” ~ Justice William O. Douglas (1898-1980), U. S. Supreme Court Justice Beauharnais v.Illinois, 342 U.S. 250, 287 (1952)
“Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the federal government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency.” ~ Justice Charles Evans Hughes (1862-1948) Chief Justice of the U.S. Supreme Court