By Lt. Eric N. Shine, USNR – USMMRR/ USMMA KP
As we saw in Part 2, the Coast Guard is acting as an extra-Constitutional Branch of Military, which is under Title 10, yet can somehow impose itself upon, police, regulate, even decide civilian affairs and by this, make civilian laws.
Only Branches of the Military, as in the Army as covered under Article I and its branch in the Air Force as was previously the Army Air Corps, and the Navy as covered under Article II and its branch in the form of the Marine Corps, were to come under military law as in Title 10.
Incorporated within Title 10 is the Uniform Code of Military Justice, which was the system of codes of conduct intended to replace any and all previous codes of conduct for all Branches of the Military.
The Uniform Code of Military Justice was given this name for several reasons.
The “uniform” portion refers, first and foremost, to the codes of conduct being only for men and women in uniform, and as to be applied to men and women in uniform by other men and women in the same uniform only; Exemplifying the Separation of Powers Doctrine and the issue of being judged by your peers, so that the Navy does the Navy, the Military [Army] does the Military [Army] and so on and so forth so each protects their own, in full knowledge that any injury to justice or abuse of process might come back and bite any of them or all of them if they do not zealously protect proper and due process.
The other intention in using the term “uniform” was so that it would be clear that it was to be applied uniformly to all Branches of military equally and no Branch would ever again have its own distinct system. That all members in all Branches of the Military would be treated the same was one of the problems that had been encountered that the UCMJ itself had been created to cure in differences between all of the codes of conduct.
Anyone who comes under Title 10 cannot be involved in civilian affairs. Period. Regardless of where they find themselves. Title 10 itself outlaws this, something that was derived from the Geneva Conventions and our own laws. You cannot come under Title 10 for any purposes whatsoever, and then simply ignore the most important section of Title 10 prohibiting anyone who comes under Title 10 from getting involved in civilian affairs in any way, shape or form. This was also derived from our system of laws that stemmed from England. In fact, Supreme Court Justice Hugo Black went all the way back to the Magna Carta from 1215 a.d. in the decision in Reid vs. Covert, U.S. Sup. Ct. 357 1957 that declared military tribunals of civilians to be un-Constitutional.
Title 10 also addressed matters that came up in our Civil War in using the Military internally on our own people for police or regulatory functions. In response to this, case law like Ex Parte Milligan was eventually heard by the Supreme Court and laws like the Posse Comitatus Act were passed by Congress. Due chiefly to the North using the Military internally upon the South as a police and regulatory body during Reconstruction. We are in a “Civil War” again, and just like in that War and as in Reconstruction thereafter, the Powers That Be within the U.S. Government representing the Corporations are again trying to use the Military to impose their wishes and ideology upon American Citizens. This is one reason why Health [Care] Insurance Reform is being pushed while under a form of military dictatorship. Like it or not. That is history.
Title 10 reinforces a bright line of separation between our military and civilian affairs. Much along the lines of what the Romans as a Republic had set out to prevent such as what Augustus did in 49 B.C. in placing civilians under military rule and command. In Roman law, both common law and statutory law, a Legionnaire was to be put to death for violating these precepts and for even entering in any way into civilian affairs or public commons. This was how serious the Romans took this as they knew the encroachment of the military into civilian affairs was the death knell for any Free Republic. That encroachment by the military was means of enslavement and dictatorship.
Plus, all Constitutional Military Forces, like our Article I Military, or Article II Navy, along with respective Branches that were placed into the Department of Defense all come exclusively under Title 10. This included the Army, Navy, Air Force, and Marines, but not the Coast Guard and for good reason and measure. The Coast Guard was placed under Title 14, and for its internal and remedial Codes of Conduct this civilian law enforcement Agency was placed under Title 5 and not the Uniform Code of Military Justice or Title 10. International Conventions from 1946 were crafted into all these laws
© 2010 Lt. Eric Shine USNR – USMMRR/ USMMA KP