R I G H T H A N D S C R I B E

The Legal Framework and Historical Precedent for Martial Law and the

Potential for Broad Based Opposition

The Legal Framework and Historical Precedent for Martial
Law and the Potential for Broad Based Opposition

Introduction
The following excerpts are from actual government documents or speeches by U.S. gov-
ernment officials. They represent an insight into the United States federal government’s attitude
and contingency plans for civilian insurrection and civil unrest in opposition to the federal gov-
ernment’s power. As often as I write, and as much as I enjoy writing, I think the excerpts speak
for themselves.

It is my opinion that if a suppression of any sort does arise, the vast majority of the secu-
rity forces will not be U.S. soldiers. Among the rank and file, U.S. soldiers have shown a reti-
cence to commit to utilizing force against their countrymen. Thus it has become imperative for
the United States federal government to form a contingency plan whereby foreign troops under
the U.N. banner could be brought onto U.S. soil at the request of the President as part of a hu-
manitarian or peacekeeping mission, the real purpose of which would be the suppression of civil-
ian resistance to the overreach of the federal government.

The federal government is neither moral nor particularly lawful. Much of what it engages
in as a course of normal action represents a blatant overreach from what it is constitutionally
permitted to do. Increasingly, the United States federal government and its various agencies and
branches have shown a tendency to rationalize any means in the name of some noble end. This
rationalization has been largely self-serving, and it has done little to advance the national inter-
est, and everything to advance the self-preservation and self-perpetuation of the federal govern-
ment.

It is not my intention to alarm or to incite. My goal is to inform you of what is already in

existence, and what is being proposed. In my mind, a good deal of what is on paper reveals an
audacity of attitude by government officials towards the civilians who are supposed to be their
bosses. The arrangement of power, and the attitudes of those who hold granted power to serve
the public interest, has been perverted to an extreme. Today’s elected officials reveal their utter
contempt for limits on their power with their actions, and with the proposals contained herein.
That contempt also extends to the public’s prerogative to call them to culpability for their ex-
cesses and overreaches.

No tyrannical government ever recognizes itself as such. Among the general population,
the attitude is that criticism of the government up to the point of labeling a government illegiti-
mate or tyrannical constitutes something unspeakable. We must dare to speak the unspeakable in

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these times. We must dare to challenge those who hold power, and to remind them that their
power is a mere grant ceded to them by the people. If they misuse that power, they can justifia-
bly be removed from office and stripped of their authority.

It is not seditious to say this. It is patriotic, and what is more, it is proper and necessary.
The answer to a tyrannical government within a republic is steely resolve by the citizenry. It is
important that in the coming weeks and months, we win what is now a staring match. Whatever
we do, we must not blink first. Come November, we must break the power and beat back the
overreach of the federal government in a historic fashion. And should they ever dare to try and
implement the policies, programs, and procedures outlined in the following excerpts, we must
utterly obliterate their power and start anew.

It’s time for a new government, and our first order of business in the legislative terms af-
ter the November election must be the repeal of these and other acts which erode individual free-
doms essential to checking government overreach and abuse of power. There is no legitimate
purpose for these sorts of policies, laws, and procedures. Other than insulating the government
from any meaningful effort to overturn its overreach, they serve no purpose conducive to a free
and open society, and no purpose whatsoever to a society with a government that is supposed to
answer to the people. Essentially, if these laws and policies are allowed to stand, the government
will effectively establish a legal framework to delegitimize any and all forms of uprising and pro-
test against it. This cannot be allowed to stand.

What is more, we must recognize that a legal framework has been instituted over the past
110 years for precisely the sort of overreach and suppression which might be used to quell a
grassroots insurrection at the polls. Our government has a vested interest in delaying or prevent-
ing free and open elections, as fully 52% of Americans indicated in a recent poll that they did not
believe President Obama deserved reelection in 2012, while just 8% of Americans believe Con-
gress deserves reelection.

The simple truth of the government’s logistical situation is this: it cannot hold down in-
terest rates artificially much longer. Treasury auctions are becoming more difficult, and the dol-
lar is under increasing inflationary pressure due to the Federal Reserve’s monetary supply expan-
sion, a substantial amount of which went to purchase securities illegally from private banks. The
Federal Reserve is only authorized to purchase securities backed by the full faith and credit of
the United States. The purchase of securities from banks like J.P. Morgan and held by the
Maiden Lane holding companies established for the purpose of purchasing and holding such se-
curities is illegal.

Moreover, a substantial amount of the money printed up, around $500 million was used
in a currency swap with central banks in Europe and elsewhere. The Federal Reserve took the
currencies of other countries, held it for an agreed upon period of time, and then the currencies
were re-swapped. In the meantime, it is likely that the $500 million went to purchase Treasury
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debt in what was a shell game. The banks returned just $400 million at the end, due to the dol-
lar’s 20% decline over the time frame in question. Essentially, institutional investors were able
to buy a guaranteed yield in the form of Treasuries, while also turning a profit of some $100 bil-
lion for going along with the game. If you were to factor in the spread, which would indicate a
20% increase for the foreign currencies, the yield could have been as high as $200 billion, as the
dollar lost 20% and the other currencies gained 20% relative to the dollar’s face value.

Economic corrections are coming, and with them there will be the realization that we
have spent trillions on the most futile remedies possible. Populist rage is a tremendous possibil-
ity, and with that rage, there could be an outburst of activity which could be characterized as an
insurrection of sorts. The government could then use this activity as a justification for using the
martial powers it has gradually arrogated unto itself, which could include a suspension of elec-
tions on the grounds of security reasons.

What is more, there are anecdotal rumblings that the wholesalers and dealers in gold are
selling bullion they do not physically possess to their customers. If you have a run on the dollar,
and precious metals spike in price, investors will inevitably find that they cannot redeem their
investments in bullion, which will spark a panic. Given the fact that currencies are vulnerable
even as we speak, they will have nowhere to run.

It is because of this that I urge each and every reader of this piece to contain their anger,
to merely lay up preparations, and to intervene to head off any unwise behavior on the part of
friends or family members. We must keep our guns holstered or put away. Be prepared, be vigi-
lant, but be intelligent and wise as well. Do not act rashly or with haste. We must maintain con-
trol of ourselves and give the government no legitimate reason to act.

We must also be aware that there are those elements within the radical left who view this
entire situation as an opportunity to act under a false banner. Our own self-control may be
largely irrelevant, if people acting under the auspices of our cause in the Tea Party, the 9/12
Movement, the Three Percenters, and the Oath Keepers engage in unwarranted behavior.

Understand that the threat will not come from the U.S. military, many of whom do not
support the idea of firing on their own fellow citizens. The threat, and the personnel and re-
sources, will likely come from foreign troops operating under the invitation of the U.S. govern-
ment on U.S. soil for the ostensible purpose of peacekeeping and containing an insurrection. If
we are to be effective, this is the enemy we will have to fight. Do not act against U.S. soldiers,
policemen, and emergency personnel, many of whom have taken up membership in various or-
ganizations sympathetic to our cause. Do not harm that cause by lashing out in rage. Be pru-
dent. If this does come to pass, it will be a challenge which requires sober minds and rational
thought.

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 Realize that we have 250 million arms in this county, vast stores of munitions, and a mili-
tary force that is far more likely to sympathize with their fellow citizens than it will with a gov-
ernment that invites a foreign force onto U.S. soil to maintain ground security. As I wrote earlier
in this post, I do not write to incite or to encourage premature action. The purpose of this is to
make you aware of the extent of the government’s preparedness from a legal standpoint to justify
its actions to suppress U.S. citizens. Do not give them an excuse to act, because if you do, you
invite harm upon yourselves and your communities. I believe that we can effect change without
a drop of blood being shed, if we control ourselves.

Though your anger at our government may be hot, though you might grow excited at the
idea of acting in a visceral way, let me assure you that war and revolution are costly things. No
one wins. There are consequences to rash words, but they pale in comparison to rash actions.

We have far more to lose in our homes, our families, and our communities than the indi-
viduals we’re facing down on the other side. They are ideologues, true believers and fanatics
who care nothing for martyring us or their own kind. In their view, collateral damage is likely
and perhaps even desirable on some level. We who cherish life by our outward professions must
take every precaution to preserve life in our actions, and we must not behave or act foolishly or
in a strategically unwise way.

We will face an economic downturn at some point; the only question is when and how
severe this second correction will be. When the market has gone from 6,500 to 11,000 in under
18 months, we are seeing what can only be qualified as a bubble. Given the low trading volume
of the market over that span, we have every reason to suspect that the bubble is being driven by a
narrow segment of investors and interests. We know one thing about bubbles: they pop.

The pain is not over, but as I have said before, we can and will get through this together,
but the task will be infinitely harder if some of us make the mistake of acting in a rash or foolish
manner. Our resources and energies will be needed to address the humanitarian situation on the
ground: another round of foreclosures, bankruptcies, and the subsequent lack of basic necessities
that accompany such occurrences. Moreover, we are going to have to rebuild our government
and correct a great deal of damage.

Any uprising will have the net effect of complicating our efforts on this end. Vital infra-
structure will be damaged, elections could be delayed, human casualties could be substantial, and
the process of getting our nation back on course will be rendered even more time consuming and
difficult. We must try diligently to control our own rank and file in order to get to November
without incident. The election in November is of paramount importance, and I cannot stress the
importance of restraint on our side enough.

[The following excerpts consist of selected speeches, bills, laws, field manuals, legal memoran-
dums, and various other documents. In order to save the reader time and energy, I have placed
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many of the pertinent passages and items in bold print. It is my hope that you will come away
informed and educated as to how it is that there is a legal possibility for the sorts of extreme sce-
narios outlined in the above paragraphs and often speculated about on the Internet and among
certain groups. If you have any questions, feel free to leave a comment, and I will answer your
inquiries to the best of my abilities.]

-President Bush, address to the United Nations General Assembly September 21, 1992

The following survey was given to U.S. Marines at the 29 Palms Marine Corps base in Califor-
nia:
DD Form 3206 (Rev 2/96) [Excerpted Sections]

39. I feel the President of the U.S. has the authority to pass his responsibilities as Commander-in-
Chief to the U.N. Secretary General.

45. I would swear to the following code:

"I am a United Nations fighting person. I serve in the forces which maintain world peace and
every nation's way of life. I swear and affirm to support and defend the Charter of the United Na-
tions and I am prepared to give my life in its defense."

46. The U.S. government declares a ban on the possession, sale, transportation, and transfer of all
non-approved firearms. A 30-day amnesty period is established for these firearms to be turned
over to the local authorities. At the end of this period, a number of irregular citizen groups and
defiant individuals refuse to turn over their firearms to authority.

Consider the following statement:

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"I would fire upon U.S. citizens who refuse or resist confiscation of firearms banned by the
United States government."

End of Survey

-from the JOINT SERVICES TRAINING COMBAT ARMS SURVEY DD Form 3206 (Rev 2/
96)

The above citation is from a survey administered to U.S. Marines at 29 Palms, and the results
of the survey indicated that 24% of the Marines surveyed would fire upon U.S. citizens who
refuse or resist firearms confiscation.

SEC. 2. ESTABLISHMENT OF NATIONAL EMERGENCY CENTERS.

(a) In General- In accordance with the requirements of this Act, the Secretary of Homeland Secu-
rity shall establish not fewer than 6 national emergency centers on military installations.

(b) Purpose of National Emergency Centers- The purpose of a national emergency center shall be
to use existing infrastructure--

(1) to provide temporary housing, medical, and humanitarian assistance to individuals and fami-
lies dislocated due to an emergency or major disaster;

(2) to provide centralized locations for the purposes of training and ensuring the coordination of
Federal, State, and local first responders;

(3) to provide centralized locations to improve the coordination of preparedness, response, and
recovery efforts of government, private, and not-for-profit entities and faith-based organizations;
and

(4) to meet other appropriate needs, as determined by the Secretary of Homeland Security.

-H.R. 645 ‘The National Emergency Centers Establishment Act’

In 1996, the United States (US) Army Military Police (MP) Corps restructured its four combat
support (CS) missions into the following five CS functions. These functions adequately describe
MP capabilities in support of US forces deployed worldwide.
• Maneuver and mobility support.
• Area security.
• Law and order (L&O).
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• Internment/resettlement (I/R).
• Police intelligence operations.
Field Manual (FM) 3-19.40 depicts the doctrinal foundation, principles, and processes that MP
will employ when dealing with enemy prisoners of war (EPWs), civilian internees ( CIs) , US
military prisoner operations, and MP support to civil-military operations (populace and resource
control [PRC], humanitarian assistance [HA], and emergency services [ES]).

-FM 3-19.40 Military Police Internment/Resettlement Operations

1. You must comply with rules, regulations, and orders. They are necessary for safety, good or-
der, and discipline.
2. You must immediately obey all orders of US personnel. Deliberate disobedience, resistance, or
conduct of a mutinous or riotous nature will be dealt with by force.
3. You are subject to disciplinary or judicial punishment if you disobey a rule, a regulation, or an
order or if you commit any act, conduct, disorder, or neglect that is prejudicial to good order or
discipline.
4. You will not receive disciplinary or judicial punishment until you have an opportunity to ex-
plain your conduct and to defend yourself. If you commit an offense for which judicial punish-
ment may arise, investigation of the offense will be coordinated with the SJA before being under-
taken to ensure that it is conducted according to the Geneva Conventions. You may call wit-
nesses, and if necessary, you will be provided with the services of a qualified interpreter.
5. You may receive disciplinary punishment that includes discontinuing privileges over and
above the treatment provided for by the Geneva Conventions. You may receive a fine up to one
half of your 30-day advance and working pay. Privates may be assigned fatigue (extra) duty up
to 2 hours daily, noncommissioned officers (NCOs) may be required to perform supervisory du-
ties only, and officers may not be compelled to work.
6. You may not establish courts or administer punishment over other captives.
7. You may not have knives, sticks, metal pieces, or other articles that can be used as weap-
ons in your possession at any time.
8. You may not drill or march in military formation for any purpose except as authorized
and directed by the facility commander.
9. You may not meet or issue propaganda for political purposes.
10. You may not wear or display national political items.
11. You may not gamble.
12. You may not possess or consume alcoholic beverages.
13. You may retain personal effects and property that are authorized by the facility commander.
14. You may smoke at times and places specified by the facility commander.
15. You will follow the required courtesies toward your army’s officers. If you are an enlisted
captive, you will salute all US commissioned officers. If you are an officer captive, you will sa-
lute US commissioned officers of a higher grade and the facility commander, regardless of his
grade.

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-FM 3-19.40 Military Police Internment/Resettlement Operations Figure 2-1 Sample Standing
Orders

2- 46. Psychological operations ( PSYOP) are not part of the I/ R structure; however, t he
PSYOP officer in charge (OIC) of the EPW/ CI PSYOP team supporting I/R operations serves as
the special staff officer responsible for PSYOP. The PSYOP officer advises the MP commander
on the psychological impact of actions to prevent misunderstandings and disturbances by EPWs
and CIs. The EPW/CI PSYOP team—

• Assists the MP force in controlling EPWs and CIs.

• Exposes EPWs and CIs to US and allied policies.
• Develops and executes PSYOP programs to condition EPWs and CIs to
accept facility authority and regulations.
• Gains the cooperation of EPWs and CIs to reduce guard needs.
• Identifies malcontents, trained agitators, and political officers within
the facility who may try to organize a resistance or create a
disturbance.
• Develops and executes indoctrination programs to reduce or remove
proenemy attitudes.
• Recognizes political activists.
• Helps the MP commander control EPWs and CIs during emergencies.
• Plans and executes a PSYOP program that produces an
understanding and appreciation of US policies and actions.
• Uses comprehensive information, reorientation, educational, and
vocational programs to prepare EPWs and CIs for repatriation.

-FM 3-19.40 Military Police Internment/Resettlement Operations

1-6. Terrorist organizations may infiltrate groups within a demonstrating

crowd. These terrorist groups may intend to embarrass their government or
other governments. Terrorist infiltrators can be used to provoke crowds as a
diversion, as part of a demonstration, or as cover for terrorist acts.

FEDERAL INTERVENTION AND AID

B-1. Under the Constitution of the United States and United States Code, the
President is empowered to direct federal intervention in civil disturbances
to—
Respond to state requests for aid in restoring order.
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Enforce the laws of the United States.
Protect the civil rights of citizens.
Protect federal property and functions.
B-2. Under the Constitution of the United States, each state is responsible for
protecting life and property within its boundaries. State and local
governments use their LEA forces to maintain law and order and to quell civil
disturbances. However, if civil disturbance support requirements exceed the
resources of a state, federal troops may be requested to help restore and
maintain law and order.
B-3. The Constitution of the United States and federal statutes authorize the
President to direct the use of federal armed troops within the 50 states and
territories and their political subdivisions. The President is also empowered to
federalize the NG of any state to suppress rebellion and enforce federal laws.
B-4. Federal assistance is provided to a state when the state has used all of its
resources, including its NG, to quell a disorder and finds the resources
insufficient. Usually, active duty federal forces are used to augment the NG of
the requesting state. However, the President may choose to federalize the NG
of another state and use them alone or with other forces to restore order.
B-5. The President may employ federal troops to ensure the execution of US
law when a state opposes or obstructs US law or impedes the course of justice under those laws.
The President may employ armed federal troops to suppress
insurrection, domestic violence, unlawful assemblies, and conspiracy if such
acts deprive the people of their constitutional rights and privileges and the
civil authorities of a state cannot or will not provide adequate protection.
B-6. The president is also authorized to use armed federal troops to protect
federal property and functions when the need for protection exists and local
civil authorities cannot or will not give adequate protection. The right of the
United States to protect all federal property and functions regardless of their
locations is an accepted principle of our government.
B-7. As a temporary measure, federal military equipment and facilities may
be loaned to law enforcement agencies of state and local governmental bodies
for use during civil disturbances. These resources may also be loaned to state
NG and non-DOD federal agencies. The requesting agencies are expected to
provide enough resources of their own to minimize the need for US military
resources. In addition, the loan of the resources must not conflict with US
military needs.

-FM 3-19.15 Civil Disturbance Operations

(a) Military Custody Requirement- Whenever within the United States, its territories, and posses-
sions, or outside the territorial limits of the United States, an individual is captured or other-
wise comes into the custody or under the effective control of the United States who is sus-
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 pected of engaging in hostilities against the United States or its coalition partners through
an act of terrorism, or by other means in violation of the laws of war, or of purposely and ma-
terially supporting such hostilities, and who may be an unprivileged enemy belligerent, the
individual shall be placed in military custody for purposes of initial interrogation and deter-
mination of status in accordance with the provisions of this Act.

(3) INAPPLICABILITY OF CERTAIN STATEMENT AND RIGHTS- A individual who is sus-

pected of being an unprivileged enemy belligerent shall not, during interrogation under this
subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966))
or otherwise be informed of any rights that the individual may or may not have to counsel or
to remain silent consistent with Miranda v. Arizona.

SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.

An individual, including a citizen of the United States, determined to be an unprivileged enemy

belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention
Relative to the Treatment of Prisoners of War may be detained without criminal charges and
without trial for the duration of hostilities against the United States or its coalition partners in
which the individual has engaged, or which the individual has purposely and materially sup-
ported, consistent with the law of war and any authorization for the use of military force pro-
vided by Congress pertaining to such hostilities.

-S 3081 Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010

The Attorney General may deny the transfer of a firearm pursuant to section
922(t)(1)(B)(ii) if the Attorney General determines that the transferee is known (or appropriately
suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or
related to terrorism, or providing material support thereof, and the Attorney General has a rea-
sonable belief that the prospective transferee may use a firearm in connection with terror-
ism.

The Attorney General may deny a license application if the Attorney General determines that
the applicant (including any responsible person) is known (or appropriately suspected) to be or
have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or
providing material support thereof, and the Attorney General has a reasonable belief that the
applicant may use a firearm in connection with terrorism.

(h) Attorney General’s Ability To Withhold Information in Relief From Disabilities Lawsuits-
Section 925(c) of such title is amended by inserting after the 3rd sentence the following: ‘If
receipt of a firearms by the person would violate section 922(g)(10), any information which
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 the Attorney General relied on for this determination may be withheld from the appli-
cant if the Attorney General determines that disclosure of the information would likely
compromise national security. In responding to the petition, the United States may submit,
and the court may rely on, summaries or redacted versions of documents containing informa-
tion the disclosure of which the Attorney General has determined would likely compromise
national security.
(b) In any case in which the Attorney General has denied the transfer of a firearm to a prospec-
tive transferee pursuant to section 922A or has made a determination regarding a firearm permit
applicant pursuant to section 922B, an action challenging the determination may be brought
against the United States. The petition must be filed not later than 60 days after the petitioner has
received actual notice of the Attorney General’s determination made pursuant to section 922A or
922B. The court shall sustain the Attorney General’s determination on a showing by the
United States by a preponderance of evidence that the Attorney General’s determination
satisfied the requirements of section 922A or 922B. To make this showing, the United States
may submit, and the court may rely on, summaries or redacted versions of documents containing
information the disclosure of which the Attorney General has determined would likely compro-
mise national security. On request of the petitioner or the court’s own motion, the court may re-
view the full, undisclosed documents ex parte and in camera. The court shall determine whether
the summaries or redacted versions, as the case may be, are fair and accurate representations of
the underlying documents. The court shall not consider the full, undisclosed documents in
deciding whether the Attorney General’s determination satisfies the requirements of sec-
tion 922A or 922B.’

-HR 2159 Denying Firearms and Explosives to Dangerous Terrorists Act

THE UNITED STATES PROGRAM

FOR GENERAL AND COMPLETE
DISARMAMENT IN A PEACEFUL
WORLD

DEPARTMENT OF STATE

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 DEPARTMENT OF STATE PUBLICATION 7277
Disarmament Series 5
Released September 1961

Office of Public Services

BUREAU OF PUBLIC AFFAIRS

For sale by the Superintendent of Documents, U.S. Government Printing Office

Washington 25, D.C. - Price 15 cents.

Introduction

The revolutionary development of modern weapons within a world divided by serious ideo-
logical differences has produced a crisis in human history. In order to overcome the danger of
nuclear war now confronting mankind, the United States has introduced at the Sixteenth General
Assembly of the United Nations a Program for General and Complete Disarmament in a Peaceful
World.
This new program provides for the progressive reduction of the war-making capabilities of na-
tions and the simultaneous strengthening of international institutions to settle disputes and main-
tain the peace. It sets forth a series of comprehensive measures which can and should he taken in
order to bring about a world in which there will be freedom from war and security for all states.
It is based on three principles deemed essential to the achievement of practical progress in the
disarmament field:

First, there must be immediate disarmament action:

A strenuous and uninterrupted effort must be made toward the goal of general and com-
plete disarmament; at the same time, it is important that specific measures be put into ef-
fect as soon as possible.

Second, all disarmament obligations must be subject

to effective international controls:

The control organization must have the manpower, facilities, and effectiveness to assure that
limitations or reductions take place as agreed. It must also be able to certify to all states that re-
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tained forces and armaments do not exceed those permitted at any stage of the disarmament
process.

Third, adequate peace-keeping machinery must be established:

There is an inseparable relationship between the scaling down of national armaments on the
one hand and the building up of international peace-keeping machinery and institutions on the
other. Nations are unlikely to shed their means of self-protection in the absence of alternative
ways to safeguard their legitimate interests. This can only be achieved through the progressive
strengthening of international institutions under the United Nations and by creating a United Na-
tions Peace Force to enforce the peace as the disarmament process proceeds.

There follows a summary of the principal provisions of the United States Program for General
and Complete Disarmament in a Peaceful World.The full text of the program is contained in an
appendix to this pamphlet.

FREEDOM FROM WAR

THE UNITED STATES PROGRAM FOR
GENERAL AND COMPLETE DISARM-
AMENT IN A PEACEFUL WORLD

Summary

DISARMAMENT GOAL AND OBJECTIVES

The over-all goal of the United States is a free, secure, and peaceful world of independent
states adhering to common standards of justice and international conduct and subjecting the use
of force to the rule of law; a world which has achieved general and complete disarmament under
effective international control; and a world in which adjustment to change takes place in accor-
dance with the principles of the United Nations.
In order to make possible the achievement of that goal, the program sets forth the following
specific objectives toward which nations should direct their efforts:
The disbanding of all national armed forces and the prohibition of their reestablishment in
any form whatsoever other than those required to preserve internal order and for contribu-
tions to a United Nations Peace Force;

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The elimination from national arsenals of all armaments, including all weapons of mass destruc-
tion and

the means for their delivery, other than those required for a United Nations Peace Force and for
maintaining internal order;

The institution of effective means for the enforcement of international agreements, for the set-
tlement of disputes, and for the maintenance of peace in accordance with the principles of the
United Nations;

The establishment and effective operation of an International Disarmament Organization within

the framework of the United Nations to insure compliance at all times with all disarmament obli-
gations.

TASK OF NEGOTIATING STATES

The negotiating states are called upon to develop the program into a detailed plan for general
and complete disarmament and to continue their efforts without interruption until the whole pro-
gram has been achieved. To this end, they are to seek the widest possible area of agreement at the
earliest possible date. At the same time, and without prejudice to progress on the disarmament
program, they are to seek agreement on those immediate measures that would contribute to the
common security of nations and that could facilitate and form part of the total program.

GOVERNING PRINCIPLES

The program sets forth a series of general principles to guide the negotiating states in their
work. These make clear that:

As states relinquish their arms, the United Nations must be progressively strengthened in order to
improve its capacity to assure international security and the peaceful settlement of disputes;

Disarmament must proceed as rapidly as possible, until it is completed, in stages containing bal-
anced, phased, and safeguarded measures;

Each measure and stage should be carried out in an agreed period of time, with transition from
one stage to the next to take place as soon as all measures in the preceding stage have been car-
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ried out and verified and as soon as necessary arrangements for verification of the next stage
have been made;

Inspection and verification must establish both that nations carry out scheduled limitations or
reductions and that they do not retain armed forces and armaments in excess of those permitted
at any stage of the disarmament process; and

Disarmament must take place in a manner that will not affect adversely the security of any state.

DISARMAMENT STAGES

The program provides for progressive disarmament steps to take place in three stages and for
the simultaneous strengthening of international institutions.

FIRST STAGE

The first stage contains measures which would significantly reduce the capabilities of nations
to wage

aggressive war. Implementation of this stage would mean that:

The nuclear threat would be reduced:

All states would have adhered to a treaty effectively prohibiting tile testing of nuclear weapons.
The production of fissionable materials for use in weapons would be stopped and quantities of
such materials from past production would be converted to non-weapons uses.
States owning nuclear weapons would not relinquish control of such weapons to any nation not
owning them and would not transmit to any such nation information or material necessary for
their manufacture.
States not owning nuclear weapons would no~ manufacture them or attempt to obtain control
of such weapons belonging to other states.
A Commission of Experts would be established to report on the feasibility and means for the
verified reduction and eventual elimination of nuclear weapons stockpiles.
Strategic delivery vehicles would he reduced:

Strategic nuclear weapons delivery vehicles of specified categories and weapons designed to
counter such vehicles would be reduced to agreed levels by equitable and balanced steps; their
production would be discontinued or limited; their testing would be limited or halted.

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6

Arms and armed forces would be reduced:

The armed forces of the United States and the Soviet Union would be limited to 2.1 million
men each (with appropriate levels not exceeding that amount for other militarily significant
states); levels of armaments would be correspondingly reduced and their production would be
limited.
An Experts Commission would be established to examine and report on the feasibility and
means of accomplishing verifiable reduction and eventual elimination of all chemical, biological
and radiological weapons.

Peaceful use of outer space would be promoted:

The placing in orbit or stationing in outer space of weapons capable of producing mass destruc-
tion would be prohibited.
States would give advance notification of space vehicle and missile launchings.

U.N. peace-keeping powers would be strengthened:

Measures would be taken to develop and strengthen United Nations arrangements for arbitra-
tion, for the development of international law, and for the establishment in Stage II of a perma-
nent U.N. Peace Force.

An International Disarmament Organization would be established for

effective verification of the disarmament program:

Its functions would be expanded progressively as disarmament proceeds.

It would certify to all states that agreed reductions have taken place and that retained forces
and armaments do not exceed permitted levels.
It would determine the transition from one stage to the next.

States would he committed to other measures to reduce international tension and to protect
against the chance of war by accident, miscalculation, or surprise attack:

States would be committed to refrain from the threat or use of any type of armed force contrary
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16
to the principles of the U.N. Charter and to refrain from indirect aggression and subversion
against any country.
A U.N. peace observation group would be available to investigate any situation which might
constitute a threat to or breach of the peace.
States would be committed to give advance notice of major military movements which might
cause alarm; observation posts would be established to report on concentrations and movements
of military forces.

SECOND STAGE

The second stage contains a series of measures which would bring within sight a world in
which there would be freedom from war. Implementation of all measures in the second stage
would mean:
Further substantial reductions in the armed forces, armaments, and military establishments of
states, including strategic nuclear weapons delivery vehicles and countering weapons;

Further development of methods for the peaceful settlement of disputes under the United Na-
tions;

Establishment of a permanent international peace force within the United Nations;

Depending on the findings of an Experts Commission, a halt in the production of chemical, bac-
teriological, and radiological weapons and a reduction of existing stocks or their conversion to
peaceful uses;

On the basis of the findings of an Experts Commission, a reduction of stocks of nuclear weap-
ons;

The dismantling or the conversion to peaceful uses of certain military bases and facilities wher-
ever located; and

The strengthening and enlargement of the International Disarmament Organization to enable it to

verify the steps taken in Stage II and to determine the transition to Stage III.

THIRD STAGE

During the third stage of the program, the states of the world, building on the experience and
confidence gained in successfully implementing the measures of the first two stages, would take
final steps toward the goal of a world in which:

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States would retain only those forces, non-nuclear armaments, and establishments required
for the purpose of maintaining internal order; they would also support and provide agreed
manpower for a U.N. Peace Force.

The U.N. Peace Force, equipped with agreed types and quantities of armaments, would be fully
functioning.

The manufacture of armaments would be prohibited except for those of agreed types and
quantities to be used by the U.N. Peace Force and those required to maintain internal or-
der. All other armaments would be destroyed or converted to peaceful purposes.

The peace-keeping capabilities of the United Nations would be sufficiently strong and the obliga-
tions of all states under such arrangements sufficiently far reaching as to assure peace and tile
just settlement of differences in a disarmed world.

10

Appendix

DECLARATION ON DISARMAMENT

THE UNITED STATES PROGRAM FOR

GENERAL AND COMPLETE DISARMA-
MENT IN A PEACEFUL WORLD

The Nations of the world,

Conscious of the crisis in human history produced by the revolutionary development of modern
weapons within a world divided by serious ideological differences;
Determined to save present and succeeding generations from the scourge of war and the dan-
gers and burdens of the arms race and to create conditions in which all peoples can strive freely
and peacefully to fulfill their basic aspirations;
Declare their goal to be: A free, secure, and peaceful world of independent states adhering to
common standards of justice and international conduct and subjecting the use of force to the rule
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18
of law; a world where adjustment to change takes place in accordance with the principles of the
United Nations; a world where there shall be a permanent state of general and complete disar-
mament under effective international control and where the resources of nations shall be devoted
to man's material, cultural, and spiritual advance;
Set forth as the objectives of a program of general and complete disarmament in a peaceful
world:
(a) The disbanding of all national armed forces and the prohibition of their reestablishment in
any form whatsoever other than those required to preserve internal order and for contributions to
a United Nations Peace Force;

11

(b) The elimination from national arsenals of all armaments, including all weapons of mass de-
struction and the means for their delivery, other than those required for a United Nations Peace
Force and for maintaining internal order;
(c) The establishment and effective operation of an International Disarmament Organization
within the framework of the United Nations to ensure compliance at all times with all disarma-
ment obligations;
(d) The institution of effective means for the enforcement of international agreements, for the
settlement of disputes, and for the maintenance of peace in accordance with the principles of the
United Nations.
Call on the negotiating states:
(a) To develop the outline program set forth below into an agreed plan for general and com-
plete disarmament and to continue their efforts without interruption until the whole program has
been achieved;
(b) To this end to seek to attain the widest possible area of agreement at the earliest possible
date;
(c) Also to seek -- without prejudice to progress on the disarmament program -- agreement on
those immediate measures that would contribute to the common security of nations and that
could facilitate and form a part of that program.
Affirm that disarmament negotiations should be guided by the following principles:
(a) Disarmament shall take place as rapidly as possible until it is completed in stages contain-
ing balanced, phased and safeguarded measures, with each measure and stage to be carried out in
an agreed period of time.
(b) Compliance with all disarmament obligations shall be effectively verified from their entry
into force. Verification arrangements shall be instituted progressively and in such a manner as to
verify not only that agreed limitations or reductions take place but also that retained armed forces
and armaments do not exceed agreed levels at any stage.
(c) Disarmament shall take place in a manner that will not

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19
affect adversely the security of any state, whether or not a party to an international agreement or
treaty.
(d) As states relinquish their arms, the United Nations shall he progressively strengthened in
order to improve its capacity to assure international security and the peaceful settlement of dif-
ferences as well as to facilitate the development of international cooperation in common tasks for
the benefit of mankind.
(e) Transition from one stage of disarmament to the next shall take place as soon as all the
measures in the preceding stage have been carried out and effective verification is continuing and
as soon as the arrangements that have been agreed to be necessary for the next stage have been
instituted.
Agree upon the following outline program for achieving general and complete disarmament:

STAGE I

A. To Establish an International Disarmament Organization:

(a) An International Disarmament Organization (IDO) shall he established within the frame-
work of the United Nations upon entry into force of the agreement. Its functions shall be ex-
panded progressively as required for the effective verification of the disarmament program.
(b) The IDO shall have: (1) a General Conference of all the parties; (2) a Commission consist-
ing of representatives of all the major powers as permanent members and certain other states on a
rotating basis; and (3) an Administrator who will administer the Organization subject to the di-
rection of the Commission and who will have the authority, staff, and finances adequate to assure
effective impartial implementation of the functions of the Organization.
(c) The IDO shall: (1) ensure compliance with the obligations undertaken by verifying the exe-
cution of measures agreed upon; (2) assist the states in developing the details of agreed further
verification and disarmament measures; (3) provide for the estab-

13

lishment of such bodies as may be necessary for working out the details of further measures pro-
vided for in the program and for such other expert study groups as may be required to give con-
tinuous study to the problems of disarmament; (4) receive reports on the progress of disarma-
ment and verification arrangements and determine the transition from one stage to the next.

B. To Reduce Armed Forces and Armaments:

(a) Force levels shall be limited to 2.1 million each for the U.S. and U.S.S.R. and to appropri-
ate levels not exceeding 2.1 million each for all other militarily significant states. Reductions to
the agreed levels will proceed by equitable, proportionate, and verified steps.
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20
 (b) Levels of armaments of prescribed types shall be reduced by equitable and balanced
steps. The reductions shall be accomplished by transfers of armaments to depots supervised
by the IDO. When, at specified periods during the Stage I reduction process, the states party to
the agreement have agreed that the armaments and armed forces are at prescribed levels, the ar-
maments in depots shall be destroyed or converted to peaceful uses.
(c) The production of agreed types of armaments shall be limited.
(d) a Chemical, Biological, Radiological (CBR) Experts Commission shall be established
within the IDO for the purpose of examining and reporting on the feasibility and means for ac-
complishing the verifiable reduction and eventual elimination of CBR weapons stockpiles and
the halting of their production.

C. To Contain and Reduce the Nuclear Threat:

(a) States that have not acceded to a treaty effectively prohibiting the testing of nuclear weap-
ons shall do so.
(b) The production of fissionable materials for use in weapons shall be stopped.
(c) Upon the cessation of production of fissionable materials for use in weapons, agreed initial
quantities of fissionable materials from past production shall be transferred to non-weapons pur-
poses.

14

(d) Any fissionable materials transferred between countries for peaceful uses of nuclear energy
shall be subject to appropriate safeguards to be developed in agreement with the IAEA.
(e) States owning nuclear weapons shall not relinquish control of such weapons to any nation
not owning them and shall not transmit to any such nation information or material necessary for
their manufacture. States not owning nuclear weapons shall not manufacture such weapons, at-
tempt to obtain control of such weapons belonging to other states, or seek or receive information
or materials necessary for their manufacture.
(f) A Nuclear Experts Commission consisting of representatives of the nuclear states shall be
established within the IDO for the purpose of examining and reporting on the feasibility and
means for accomplishing the verified reduction and eventual elimination of nuclear weapons
stockpiles.

D.To Reduce Strategic Nuclear Weapons Delivery Vehicles:

(a) Strategic nuclear weapons delivery vehicles in specified categories and agreed types of
weapons designed to counter such vehicles shall be reduced to agreed levels by equitable and
balanced steps. The reduction shall be accomplished in each step by transfers to depots super-
vised by the IDO of vehicles that are in excess of levels agreed upon for each step. At specified
periods during the Stage I reduction process, the vehicles that have been placed under supervi-
sion of the IDO shall be destroyed or converted to peaceful uses.

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 (b) Production of agreed categories of strategic nuclear weapons delivery vehicles and agreed
types of weapons designed to counter such vehicles shall be discontinued or limited.
(c) Testing of agreed categories of strategic nuclear weapons delivery vehicles and agreed
types of weapons designed to counter such vehicles shall be limited or halted.

E. To Promote the Peaceful Use Of Outer Space:

(a) The placing into orbit or stationing in outer space of weapons capable of producing mass
destruction shall be prohibited.

15

(b) States shall give advance notification to participating states and to the IDO of launchings of
space vehicles and missiles, together with the track of the vehicle.

F. To Reduce the Risks of War by Accident, Miscalculation, and Surprise Attack:

(a) States shall give advance notification to the participating states and to the IDO of major
military movements and maneuvers, on a scale as may be agreed, which might give rise to misin-
terpretation or cause alarm and induce countermeasures. The notification shall include the geo-
graphic areas to be used and the nature, scale and time span of the event.
(b) There shall be established observation posts at such locations as major ports, railway cen-
ters, motor highways, and air bases to report on concentrations and movements of military
forces.
(c) There shall also be established such additional inspection arrangements to reduce the dan-
ger of surprise attack as may be agreed.
(d) An international commission shall be established immediately within the IDO to examine
and make recommendations on the possibility of further measures to reduce the risks of nuclear
war by accident, miscalculation, or failure of communication.

G. To Keep the Peace:

(a)States shall reaffirm their obligations under the U.N. Charter to refrain from the threat or use
of any type of armed force-including nuclear, conventional, or CBR--contrary to the principles of
the U.N. Charter.
(b) States shall agree to refrain from indirect aggression and subversion against any country.
(c) States shall use all appropriate processes for the peaceful settlement of disputes and shall
seek within the United Nations further arrangements for the peaceful settlement of international
disputes and for the codification and progressive development of international law.

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22
 (d) States shall develop arrangements in Stage I for the establishment in Stage II of a U.N.
Peace Force.
(e) A U.N. peace observation group shall be staffed with a standing cadre of observers who
could be dispatched to investigate any situation which might constitute a threat to or breach of
the peace.

STAGE II

A. International Disarmament Organization:

The powers and responsibilities of the IDO shall be progressively enlarged in order to give it
the capabilities to verify the measures undertaken in Stage II.

B. To Further Reduce Armed Forces and Armaments:

(a) Levels of forces for the U.S., U.S.S.R., and other militarily significant states shall be further
reduced by substantial amounts to agreed levels in equitable and balanced steps.
(b) Levels of armaments of prescribed types shall be further reduced by equitable and balanced
steps. The reduction shall be accomplished by transfers of armaments to depots supervised by the
IDO. When, at specified periods during the Stage II reduction process, the parties have agreed
that the armaments and armed forces are at prescribed levels, the armaments in depots shall be
destroyed or converted to peaceful uses.
(c) There shall he further agreed restrictions on the production of armaments.
(d) Agreed military bases and facilities wherever they are located shall he dismantled or con-
verted to peaceful uses.
(e) Depending upon the findings of the Experts Commission on CBR weapons, the production
of CBR weapons shall be halted, existing stocks progressively reduced, and the resulting excess
quantities destroyed or converted to peaceful uses.

C. To Further Reduce the Nuclear Threat:

Stocks of nuclear weapons shall be progressively reduced to the minimum levels which can be
agreed upon as a result of the find-

17

ings of the Nuclear Experts Commission; the resulting excess of fissionable material shall be
transferred to peaceful purposes.

D. To Further Reduce Strategic Nuclear Weapons Delivery Vehicles:

Further reductions in the stocks of strategic nuclear weapons delivery vehicles and agreed
types of weapons designed to counter such vehicles shall be carried out in accordance with the
procedure outlined in Stage I.
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23
E. To Keep the Peace:
During Stage II, states shall develop further the peace-keeping processes of the United Na-
tions1 to the end that the United Nations can effectively in Stage III deter or suppress any threat
or use of force in violation of the purposes and principles of the United Nations:

(a) States shall agree upon strengthening the structure, authority, and operation of the United
Nations so as to assure that the United Nations will be able effectively to protect states against
threats to or breaches of the peace.
(b) The U.N. Peace Force shall be established and progressively strengthened.
(c) States shall also agree upon further improvements and developments in rules of interna-
tional conduct and in processes for peaceful settlement of disputes and differences.

STAGE III

By the time Stage II has been completed, the confidence produced through a verified disarma-
ment program, the acceptance of rules of peaceful international behavior, and the development of
strengthened international peace-keeping processes within the framework of the U.N. should
have reached a point where the states of the world can move forward to Stage III. In Stage III
progressive controlled disarmament and continuously developing principles and proce-
dures of international law would proceed to

18

a point where no state would have the military power to challenge the progressively
strengthened U.N. Peace Force and all international disputes would be settled according to
the agreed principles of international conduct.
The progressive steps to be taken during the final phase of the disarmament program would be
directed toward the attainment of a world in which:
(a) States would retain only those forces, non-nuclear armaments, and establishments required
for the purpose of maintaining internal order; they would also support and provide agreed man-
power for a U.N Peace Force.
(b) The U.N. Peace Force, equipped with agreed types and quantities of armaments, would be
fully functioning.
(c) The manufacture of armaments would be prohibited except for those of agreed types
and quantities to be used by the U.N. Peace Force and those required to maintain internal
order. All other armaments would be destroyed or converted to peaceful
purposes.

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 (d) The peace-keeping capabilities of the United Nations would be sufficiently strong and the
obligations of all states under such arrangements sufficiently far-reaching as to assure peace and
the just settlement of differences in a disarmed world.

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U.S. GOVERNMENT PRINTING OFFICE: 1961 O---609147

-THE UNITED STATES PROGRAM FOR GENERAL AND COMPLETE

DISARMAMENT IN A PEACEFUL WORLD.

“Second, 10 U.S.C. § 333 provides another statutory exception to the PCA. That
provision reads:
The President, by using the militia or the armed forces, or both, or by any other
means, shall take such measures as he considers necessary to suppress, in a State,
any insurrection, domestic violence, unlawful combination, or conspiracy, if it -
(2) opposes or obstructs the execution of the laws of the United States or impedes
the course of justice under those laws.2”

-Authority for Use of Military Force To Combat Terrorist Activities

Within the United States, Yoo and Delahunty, October 23, 2001.

The Supreme Court has held that when hostilities prevail, the Government "may summarily req-
uisition property immediately needed for the prosecution of the war. ... As a measure of public
protection the property of alien enemies may be seized, and property believed to be owned by
enemies taken without prior determination of its true ownership. . . . Even the personal liberty
of the citizen may be temporarily restrained as a measure of public safety." Yakus v. United
States, 321 U.S. 414, 443 (1944)

-excerpted from Authority for Use of Military Force To Combat Terrorist Activities
Within the United States, Yoo and Delahunty, October 23, 2001

"[I]n times of war or insurrection, when society's interest is at its peak, the Government
may detain individuals whom the Government believes to be dangerous." United States v.
Salerno, 481 U.S. 739, 748 (1987)

-excerpted from Authority for Use of Military Force To Combat Terrorist Activities
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Within the United States, Yoo and Delahunty, October 23, 2001

“Thus, in Moyer v. Peabody, 212 U.S. 78 (1909), the Court rejected a due process claim by an
individual jailed for two and a half months without probable cause by the State Governor in time
of insurrection. As Justice Holmes wrote, ‘[w]hen it comes to a decision by the head of the
state upon a matter involving its life, the ordinary rights of individuals must yield to what
he deems the necessities of the moment.’”

-excerpted from Authority for Use of Military Force To Combat Terrorist Activities
Within the United States, Yoo and Delahunty, October 23, 2001

“Designated financial institutions as financial agents of the Federal Government, and such
institutions shall perform all such reasonable duties related to this Act as financial agents of
the Federal Government as may be required.”

-Emergency Economic Stabilization Act of 2008, Section 101, Paragraph 7:3

Concluding Remarks

The legal framework for an unprecedented assertion of martial powers in the event of a
crisis has been gradually established over a period of decades, as has the framework for eroding
the rights guaranteed to individuals under the United States Constitution, rights which may be
more accurately referred to as limits on government power where individuals are concerned.
Through court precedent, legislation, and field manuals for the various bureaucracies and
branches of the federal government, there is a system in place to allow for the internment of ci-
vilians, the suppression of dissent, and the employment of force against any individual or group
that resists.

Moreover, the final excerpt is from the Emergency Economic Stabilization Act of 2008,
Section 101, Paragraph 7:3, and it effectively empowers the federal government to transfer its
powers to financial institutions which may act on its behalf to accomplish its goals. There is no
restriction or limit upon the nationality of the institution; that is to say, the financial institution
could be foreign, and yet the federal government could vest it with powers to do whatever the
federal government decreed was necessary and proper.

Again, the purpose of this paper is to inform and educate you as to what is being done,
and to give you specific information and citations to refer to. It is not to incite you or to encour-
age you to do anything illegal. I cannot stress the importance of restraint enough. We are com-
ing up on an election in November that is perhaps of greater importance than any other election
in this nation’s history.

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