Martial Law by Executive Order
President Obama’s National Defense Resources Preparedness Executive Order of March 16 does to the country as a whole what the 2012 National Defense Authorization Act did to the Constitution in particular — completely eviscerates any due process or judicial oversight for any action by the Government deemed in the interest of “national security.” Like the NDAA, the new Executive Order puts the government completely above the law, which, in a democracy, is never supposed to happen. The United States is essentially now under martial law without the exigencies of a national emergency.
Even as the 2012 NDAA was rooted in the Patriot Act and the various executive orders and Congressional bills that ensued to broaden executive power in the “war on terror,” so the new Executive Order is rooted in the Defense Production Act of 1950 which gave the Government powers to mobilize national resources in the event of national emergencies, except now virtually every aspect of American life falls under ultimate unchallengeable government control, to be exercised by the president and his secretaries at their discretion.
The 2012 NDAA deemed the United States a “battlefield,” as Senator Lindsey Graham put it, and gave the president and his agents the right to seize and arrest any U.S. citizen, detain them indefinitely without charge or trial, and do so only on suspicion, without any judicial oversight or due process. The new Executive Order states that the president and his secretaries have the authority to commandeer all U.S. domestic resources, including food and water, as well as seize all energy and transportation infrastructure inside the borders of the United States. The Government can also forcibly draft U.S. citizens into the military and force U.S. citizens to fulfill “labor requirements” for the purposes of “national defense.” There is not even any Congressional oversight allowed, only briefings.