• Ep66: The Rule of Law Under Martial Governance

  • Dec 31 2024
  • Length: 37 mins
  • Podcast

Ep66: The Rule of Law Under Martial Governance

  • Summary

  • A reading and commentary on Dr. Edwin Vieira’s By Tyranny Out of Necessity: The Bastardy of Martial Law, Chapter 4, Section 3.

    The discussion revolves around the themes of liberty and security, drawing on historical and contemporary contexts. The episode begins with a Samurai maxim, "After the victory, tighten your helmet strap," attributed to Toyotomi Hideyoshi, a Sengoku Jidai warlord who rose from peasant roots to become a de facto leader before Tokugawa Ieyasu's victory at Sekigahara. Hideyoshi's philosophy of preparing for future challenges even after victories is emphasized, highlighting the nature of change and impermanence.

    The episode then transitions to contemporary political changes, noting favorable shifts towards liberty in December 2024 but also recognizing opposing forces, such as attacks on private property and ongoing global conflicts. The speakers stress the importance of warriors expecting the unexpected and practicing mindfulness, sensory clarity, and equanimity.

    A significant portion of the episode is dedicated to discussing Dr. Edwin Vieira's book, "By Tyranny Out of Necessity, the Bastardy of Martial Law," which explores the concept of martial law and its implications. The speakers outline the plans and policies for martial law, emphasizing the constitutional remedies available and the role of the Second Amendment in supporting a well-regulated militia. They argue that decentralized, localized execution of law prevents tyranny and highlight tools of liberty like jury nullification, secession, and revolution.

    The episode delves into the theory of martial governance, where military deployment imposes law and order, potentially leading to the suppression of legitimate governments by rogue officials. The speakers discuss the authority of the occupant in occupied territories, the potential for martial governance to override constitutional protections, and the imposition of censorship, control of communication, and restriction of movement.

    The speakers also address the potential for a national paramilitary police state, justified by emergencies and war powers, and call for refutation of legal arguments for martial law and governance. They emphasize the importance of martial arts training, armed self-defense, and the need for the public to be organized, armed, and disciplined to maintain constitutional order.

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    00:00 Mindfulness skills to combat technocracy and tyranny.

    00:36 - Samurai Maxim and Political Changes

    03:21 - Martial Law and Government Authority

    05:39 Military occupation replaces legitimate government's authority.

    06:43 - Military Occupation and Governance Rules

    07:25 War could lead to military governance overriding laws.

    11:01 - Control Over Occupied Territories

    11:25 Occupier may suspend or corrupt local courts.

    14:47 - Martial Law Regulations

    15:49 General rule: aid enemy, tried by military.

    18:42 - Authority and Requisition Rights

    20:36 Loss of communication, freedom, and forced labor.

    22:25 - Occupation Law and Governance

    22:42 Occupiers exploit immunities, fostering lawless institutional culture.

    26:19 - Legal Rationalizations of Martial Governance

    29:49 - Analysis of Police State Apparatus

    29:31 Constitution opposes martial governance; skepticism warranted.

    33:22 - Role of Martial Governance

    34:52 Martial arts: truth, discernment, governance, freedom.

    35:45 Discernment, books, training: securing a free state.

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