TexasCHLforum.com

With Texas having gone through Ike this past weekend. Several things have happened which in my mind are blatantly unconstitutional and illegal and are, in a way, even worse than Ray Nagin stealing guns from people.
1) the mayor of houston set a curfew on the southeast portion of the city of Houston. Since when can martial law be declared without congressional approval?
2) now the mayor of Galveston and other "officials" are considering ordering the holdouts of Galvestion (those who never evacuated and are still there) to leave. And offering those who have left to have "one day" to come and look at your property and then leave immediately or face "heavy" fines.

This is a violation of property rights and a violation of habeus corpus. Are the "officials" confiscating guns too? (Nagin)

There's a big difference between a curfew and martial law. The stated purpose of the curfew is to give law enforcement a tool to stop people who look suspicious. My wife and I were out the other night past the curfew walking our dogs and a HPD cop drove right past us without even blinking.

When Representative John Culberson is on the radio before the hurricane hits reminding everyone to have plenty of "food, water and ammunition," I don't think there's much to worry about.

Relax.

Quote, "My wife and I were out the other night past the curfew walking our dogs and a HPD cop drove right past us without even blinking. "

...was he texting?

texasag

As for you and your wife, what part of town do you live in. To my understanding the curfew is not in effect all over town, just on the southeast side. I went out and saw people driving around all over Saturday night.

Anyway, curfew, as you describe it IS martial law. It is a way the military or peace officers can circumvent the state or federal Constitution's protections of the people and arrest them illegally. Now, it can be done in case of Rebellion or Invasion WITH Congressional approval (or state legislative approval)...IOW the governor or mayor can't (at least they arent' supposed to) do it on their own whim.

Doug.38PR wrote:... and a violation of habeus corpus.

Explain please? How so?

texasag93 wrote:Quote, "My wife and I were out the other night past the curfew walking our dogs and a HPD cop drove right past us without even blinking. "

...was he texting?

texasag

I was quoting another forum member, I think I submitted on the wrong topic... I am sorry.

texasag

Atascocita has an 8pm to 8am curfew, but it isn't being enforced. 8pm looked like rush hour the other night.

Venus Pax wrote:Atascocita has an 8pm to 8am curfew, but it isn't being enforced. 8pm looked like rush hour the other night.

Well I don't know much about curfews and martial law, but I do know that declaring I can draw a few parallels between Lyda Anne Thomas And Joseph Stalin

Joseph Stalin Grabbed power illegally
Lyda Anne got into a big fight with city council over her illegal power grab extending emergency powers

Joseph Stalin initiated mass exodus of peoples into the hinterlands
Lyda Anne ordered a mass evacuation

Stalin protected his empire with a huge Army
Lyda Anne keeps the masses away from her Island with Armed Sheriffs and police.

Stalin never let existing laws get in the way of progress

Stalin had riots at his borders.
Lyda Anne has riots trying to get on the island after hours in line.

Stalin controlled the press
Lyda Anne won't talk to the press or let them on her island.


Liberty is not happy with Lyda Anne

Actually, curfew, as such, is not a federal matter at all becasue it is not delegated to the federal government by the Constitution. Curfews are, quite legally, set by state and local governments, and depending upon the laws of the individual state can vary down to a level as granular as a specific neighborhood.

In Texas, our Government Code §418.106 requires each local and interjurisdictional agency to "prepare and keep current an emergency management plan" that includes, among other elements, "curfews, blockades, and limitations on utility use in an area affected by a disaster, rules governing entrance to and exit from the affected area, and other security measures."

The governor, following a declaration of a state of emergency, may issue directives at the state level regarding curfews (GC §433.002), but it's at the county and municipal level where most curfews are--legally--controlled.

And I'm with Xander: I don't know where/how habeas corpus has anything to do with the current situation.

I am fine with a curfew. Barring some people from their home while allowing some people in is a blatant misuse of power and should be prosecuted.

Anygunanywhere