Oil & Gas - Energy - Commodities - Resources (OILBRENT)

[DocLevi]

Once they tried to enforce a freeze on oil production in Texas by going into Martial Law, (Texas Gov. Sterling vs. Constantin). But also Obamacare seizing guns should be worthless as in Texas vs. Sparks.

http://www.sll.texas.gov/assets/pdf/braden/07-article-i.pdf
"....In State v. Sparks (27 Tex. 627 (1864)), several persons arrested by the Confederate military authorities came into the hands of a sheriff on habeas corpus proceedings. While these proceedings were in progress the military forces again seized control of the prisoners. The supreme court vigorously asserted civil judicial supremacy without specifically citing the constitutional guarantee then in force. It referred to the offending general as a criminal in contempt of court but because of the military situation, the court contented itself with levying fines on the general and his military subordinate and sending a protest along with a statement of the proceedings to the governor. "It is the civil government alone that stands for the state,'.' said the court, "and the military is only an instrument that it uses as its judgment requires" (p. 633).
If and only if the civil authority ceases to operate-that is, the courts are closed-can the military authorities assume control and govern through martial law (Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866)). Consider the famous case of Sterling v. Constantin involving an attempt by Governor Ross Sterling to use martial law to enforce curtailment of oil production in Texas. The United States Supreme Court upheld the oil producers' claims that their property was being taken without due process of law. Governor Sterling's attempt to insulate regulation of oil production by a declaration of martial law was unsuccessful. "What are the allowable limits of military discretion, and whether or not they have been overstepped in a particular case, are judicial questions" (287 U.S. 378, 401 (1932)). Thus, "civil authority" includes the judiciary; the governor, when he exercises his military power, in effect ceases to be the civil authority to which the military is subordinate...."