The government has been at war with the people in the states since the contract of 1787, and the Judiciary Act of 1789 were set in place. The Judiciary Act set up the 'districts' for martial law proper, and placed the marshals in charge to carry out orders under direction of the generals.... the judges. The Judiciary Act was the first act passed, to establish military rules.

(Attorney General and Surgeon General and Postmaster General come to mind.)

The US Constitution, an amendment to the Articles Of Confederation... is a war and debt contract.

Salmon Chase knew that when he stated in EX PARTE MILLIGAN, 71 U.S. 2 (1866) 71 U.S. 2 (Wall.)

” There are under the Constitution three kinds of military jurisdiction:

(1)one to be exercised both in peace and war;

(2)another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within states or districts occupied by rebels treated [71 U.S. 2, 142] as belligerents;

(3)and a third to be exercised in time of invasion or insurrection within the limits of the United States, or during rebellion within the limits of states maintaining adhesion to the National Government, when the public danger requires its exercise.

The first of these may be called jurisdiction under MILITARY LAW, and is found in acts of Congress prescribing rules and articles of war, or otherwise providing for the government of the national forces;

the second may be distinguished as MILITARY GOVERNMENT, superseding, as far as may be deemed expedient, the local law, and exercised by the military commander under the direction of the President, with the express or implied sanction of Congress;

while the third may be denominated MARTIAL LAW PROPER, and is called into action by Congress, or temporarily, when the action of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or invasion, or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures public safety and private rights.”

(This was evident in the use of militia by Washington Whiskey Rebellion of 1794)

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The Military Regulations for the courts in charge under martial law proper are 'coded' in the CFR, after being listed in the Federal Register.... normally.

Under 'Emergency Rule' the president can make laws without reporting them.

Implementing Regulations – Code of Federal Regulations (CFR)

More on Emergency Powers of the President:

A friend read (a) and (b) and was elated and was writing a report on how great this section was to help win cases. Then….he read (c)….and he knew he/we were screwed:

U.S.C. TITLE 44, Chapter 15 § 1505

http://www.law.cornell.edu/uscode/text/44/1505

(c) Suspension of Requirements for Filing of Documents; Alternate Systems for Promulgating, Filing, or Publishing Documents; Preservation of Originals.

In the event of an attack or threatened attack upon the continental United States and a determination by the President that as a result of an attack or threatened attack—

(1) publication of the Federal Register or filing of documents with the Office of the Federal Register is impracticable, or

(2) under existing conditions publication in the Federal Register would not serve to give appropriate notice to the public of the contents of documents, the President may, without regard to any other provision of law, suspend all or part of the requirements of law or regulation for filing with the Office or publication in the Federal Register of documents or classes of documents.

The suspensions shall remain in effect until revoked by the President, or by concurrent resolution of the Congress.

The President shall establish alternate systems for promulgating, filing, or publishing documents or classes of documents affected by such suspensions, including requirements relating to their effectiveness or validity, that may be considered under the then existing circumstances practicable to provide public notice of the issuance and of the contents of the documents.

The alternate systems may, without limitation, provide for the use of regional or specialized publications or depositories for documents, or of the press, the radio, or similar mediums of general communication.

Compliance with alternate systems of filing or publication shall have the same effect as filing with the Office or publication in the Federal Register under this chapter or other law or regulation.

With respect to documents promulgated under alternate systems, each agency shall preserve the original and two duplicate originals or two certified copies for filing with the Office when the President determines that it is practicable.

The President can use the alternate system as well as the regular system of publishing in the Federal Register, since we are under National Emergency today, as extended just last month.

NOTICE

CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO CERTAIN TERRORIST ATTACKS

Consistent with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency previously declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of September 11, 2001, and the continuing and immediate threat of further attacks on the United States.

Because the terrorist threat continues, the national emergency declared on September 14, 2001, and the powers and authorities adopted to deal with that emergency must continue in effect beyond September 14, 2012. Therefore, I am continuing in effect for an additional year the national emergency that was declared on September 14, 2001, with respect to the terrorist threat.

This notice shall be published in the Federal Register and transmitted to the Congress.

BARACK OBAMA

THE WHITE HOUSE,

September 11, 2012.

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These acts still affect the US Constitution and Bill of Rights, which includes the 2nd amendment.

Excerpts from the 39th Congress

http://www.archive.org/stream/historyofthirtyn01barn/historyofthirtyn01barn_djvu.txt

[This is a portion of President Andrew Johnson’s return of the Civil Rights Bill on March 27, 1866. His address starts at p. 246, and ends on p. 253. Congress overrode the return and passed the bill, and impeached President Johnson. He had been a Senator, himself, and Governor and Military Governor of Tennessee. He wanted to follow the US Constitution. He vetoed only two of the forty-two they sent to him while in office. The other was the Freedmen’s Bureau Bill. Congress seemed very determined to get direct control of people in the states, even in those states that did not rebel. President Johnson fought and lost that battle. The two bills did not free anyone... that had already been done by amendments. The bills did, however, regulate the free and freed, alike. The bills permanently controlled all state courts, therefore, all the people in the states.]

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It turns out that in 1973 Senators Frank Church and Charles Mathias reported, in SR 93-549, that all of us in the US have been living in a constant state of National Emergency since 1933, and possibly since the Civil War…..and maybe, even before that.

I have found that what I ‘think’ and what I ‘know’ are usually vastly different.

I ‘KNOW’ this was reported by Senator Frank Church in 1973:

93d Congress

Senate Report No. 93-549

EMERGENCY POWERS STATUTES:

PROVISIONS OF FEDERAL LAW

NOW IN EFFECT DELEGATING TO THE

EXECUTIVE EXTRAORDINARY AUTHORITY

IN TIME OF NATIONAL EMERGENCY

________________________________________

REPORT OF THE

SPECIAL COMMITTEE ON THE

TERMINATION OF THE NATIONAL EMERGENCY

UNITED STATES SENATE

NOVEMBER 19, 1973

SPECIAL COMMITTEE ON THE

TERMINATION OF THE NATIONAL EMERGENCY

FRANK CHURCH, Idaho Co-Chairman

CHARLES McC MATHIAS, Jr.,

FOREWORD

Since March 9, 1933, the United States has been in a state of declared national emergency. In fact, there are now in effect four presidentially-proclaimed states of national emergency: In addition to the national emergency declared by President Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, and the states of national emergency declared by President Nixon on March 23, 1970, and August 15, 1971. (many more have been added since this report 40 years ago)

These proclamations give force to 470 provisions of Federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by the Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers, taken together, confer enough authority to rule the country without reference to normal Constitutional processes.

Under the powers delegated by these statutes, the President may:

seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens.

(entire report at link)

http://www.barefootsworld.net/war_ep1.html

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The Preamble to the US constitution was a declaration that the contract was by and between the United States and the United States of America and not the people of said United States of America who are not party to it.

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence,promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

The Preamble to the US constitution states that the contract was by and between the United States and The United States of America pursuant to:

Padelford, Fay & Co. v. Mayor and Aldermen of City of Savannah

14 Ga. 438, 1854 WL 1492 (Ga., Jan Term 1854) (NO. 64)

“No private person has a right to complain by suit in court on the ground of a breach of the United States constitution; for, though the constitution is a compact, he is not a party to it.“