From the October 2001 Idaho Observer:
Bush brother declares martial law in Florida
I hereby declare that a state of emergency exists in the state of Florida...The Authority to suspend the effect of any statute or rule governing the conduct of state business, and further authority to suspend the effect of any order or rule of any government entity...The authority to seize and utilize any and all real or personal property as needed to meet this emergency...The authority to order the evacuation of any or all persons from any location in the State...The authority to regulate the return of the evacuees to their home comunities...I hereby order the Adjutant General to activate the Florida National Guard for the duration of this emergency. ~Florida Governor Jeb Bush, September 11, 2001
TALLAHASSEE, Fla. -- Florida Governor Jeb Bush signed Executive Order 01-261 September 7, 2001, four days before the WTC tragedy of Sept. 11, which paves the way for a declaration of martial law in his state. The governor, in his EO, delegated to, ...the Adjutant General of the state of Florida all necessary authority....to order members of the Florida National Guard into Active Service.
Immediately after the second WTC tower fell, Governor Bush signed EO 01-262 to make Florida the first state to declare a state of emergency though his state did not experience any terrorist events that day. Governor Bush is reportedly the only governor in the U.S. outside of NY and D.C. to make a declaration of martial law in the wake of the WTC tragedy. Interestingly, Governor Bush's declaration came before authorities in New York or Washington, D.C. declared states of emergency.
The text (see italics above) of the little reported declared state of emergency that exists in Florida leaves little doubt that the state is currently functioning under martial law.
The Florida national Guard, like the national guard units in the several states, is operated under the authority of the state government. The national guard can also be called up under the orders of the federal government.
There is no sunset clause to this EO. Jeb Bush, the son of former President Bush and the brother of current President Bush, has signed an EO that will keep Florida in a perpetual state of martial law until the EO has been revoked.
During the Civil War and the era known as Reconstruction, President Abraham Lincoln had declared a state of martial law. The authority President Lincoln gave himself at that time through executive order was not unlike the authority Governor Bush gave to himself September 11, 2001.
President Lincoln and his military government arrested and tried civilians in both military and civilian courts (which were operating under similar if not identical rules). The writ of habeas corpus was suspended.
The flagrant abuses of unchecked authority during the Civil War era led to the passage of the Posse Comitatus Act. The Act was intended to prohibit the use of federal military forces in domestic law enforcement.
The Posse Comitatus Act was hotly debated during the infamous siege at Waco. Janet Reno's Department of Justice rationalized itself out of being subject to the act because of alleged drug violations by the Branch Davidians.
The government theorizes that with a declared war on drugs, the military can be used in domestic actions.
We can see how these precedents have been used to justify the placement of armed and uniformed federal troops at airports all over the nation.
History has shown that declarations of martial law and the suspension of due process are followed by heinous abuses of that authority.