Martial Law and the Executive Order
I know everyone is concerned about President Obama and martial law. The issue of being able to seize the civilian market during times of peace should bother everyone, but you have to take into consideration the scope. President Obama did not sign anything into law that was new.
If you read the law that is referenced in the executive order, it limits the President’s ability to seize the civilian market. The order references section 101(a) of the Act, 50 U.S.C. App. 2071(a). The following is section 101(b).
“The powers granted in this section shall not be used to control the general distribution of any material in the civilian market unless the President finds (1) that such material is a scarce and critical material essential to the national defense, and (2) that the requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.”
Further, Youngstown Sheet & Tube Co. v. Sawyer,