The US Supreme Court in 1866 Struck Down Lincoln's Martial Law and Military Tribunals
There has been a struggle between the tyrants and the free people once when the Constitution was ratified. There are those on one side who believe goverment should have full spectrum dominance over the people. On the other side there is the other group who believes people have the right to be left alone. The Bill of Rights was ratified into the Constitution to safeguard the people against the abuses of goverment. They placed restrictions not on the people, but chained down the government.
When Abe Lincoln was sworn in as President. He did a series of power grabs without the consent of congress. He arrested dissidents, journalist, he has arrested the Maryland Legislature. He even had an arrest warrant for the Chief Justice of the Supreme Court. He has suspended the right of Habeas Corpus. Civilians arrested were tried before a military tribunals. Declared war without the consent of congress, for the President to exercise power he does not have. This a legal precedent the neo cons use for the patriot act and the NDAA.
The US supreme Court in 1866 stuck down civilians being brought before military tribunals. The case of Ex Parte Milligan struck down the governments aguement justifying non military people being tried in a Military court. The Court upheld the Bill of Rights as the law of the land. This is one of the reasons for the Posse Comitatus Act of 1878 prohibiting the Military in civilian Law Enforcement after reconstruction restoring self rule of the south..
The truth is the tyrants have a very weak argument to call people terrorist and the right to detain people under the NDAA. They have a weak justification for using the TSA and for the Department of Homeland Security. Learning about the Case of Ex Parte Milligan victory in 1866. We might be able to put the Genie back in the bottle. The government's argument back then and now is exactly the same excuse justifying violating people's right because of some perceived threat. Law or no laws. If enough of us just say no to this phony war on terror and their weak excuse for all this police state crap. Then we can restore our freedoms.