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A quick note from Captain Obvious:
If weapons of mass destruction were used against the US, with catastrophic consequences (e.g. nyc nuked, la gassed, etc) with many thousands or even millions of casualties, ofcourse martial law would replace common law... at least for a while.
It would be essential to deal with the enemy as quickly and efficiently as possible, for obvious reasons.
That does, however, NOT mean it would be permanent. It would just last until the entire middle east would be turned into glass and everyone who knew someone who knew someone who knew a terrorist would be dead.
I hate Bush e.a. as much as the next guy, but this isn't really anything new. In fact, it's what martial law was invented for.
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