In a press release today, Monday July 21, 2014, Governor Perry announced that he is directing the Texas Adjutant General John Nichols to immediately begin preparations for the deployment of up to 1,000 National Guard troops to the Texas border. Our troops will be there to support the Texas Department of Public Safety (DPS) in their ongoing law enforcement surge, named “Operation Strong Safety”. An operation focused on combating the criminal activity in the region which is a direct result of the Federal government’s reluctance to enforce federal laws that says anyone that comes into our country within an arms reach is illegally on our land and is guilty of “federal trespassing”. Since 2008, more than 200,000 criminal aliens have been booked in Texas county jails. These illegal aliens have committed more than 640,000 crimes in our Lone Star State alone including more than 3,000 homicides and nearly 8,000 sexual assaults.
Are we going into Martial Law? No, but it almost looks like it when our Governor has to send troops to our border to stave off Illegal’s who are so brazenly crossing our borders and threatening our citizens. According to the Legal Dictionary, Martial Law is described as “The exercise of government and control by military authorities over the civilian population of a designated territory.” In 1946, the Supreme Court said the term “martial law” carried no precise meaning? However, the declaration of Martial Law have some very common features, geneally it is instituted when there is contemplation of some use of military force.
To a varying extent and depending on the martial law order, government military personnel have the authority to make and enforce civil and criminal laws. Certain civil liberties may be suspended, such as the right to be free from unreasonable searches and seizures, freedom of association, and freedom of movement. And the writ of Habeas Corpus may be suspended (this writ allows persons who are unlawfully imprisoned to gain freedom through a court proceeding).
There are different levels of Martial Law, there is the national level which has only been declared once during the Civil War and there is a regional level such as during the interment camps for the Japanese during World War II and then there is the state level.
Martial law on the national level is declared by Congress or the President under Article 1, Section 8, Clause 15 of the Constitution. On a state level, the Governor has the power to declare Martial Law within his own state and this power is usually granted under the state constitution.
The bottom line is that we do not need the federal government to protect our borders. Yes, we would like for them to do their jobs and pay for the cost, but those in Washington D.C. are never going to enforce this federal statute because it will anger their base if they are a Democrat and they fear repercussions from the minorities if they are a Republican. Nonetheless, someone has to make a stand and so be it if it is our own Governor of this Great State.