The German Constitution and the Law of Martial Law

Schmidt had no more truck with the cap puch than he did with the munich communists. He rejected the idea that the weimar constitution was illegitimate because it was in effect a sovereign dictatorship. Martial law is, by definition, an authorization to take necessary measures. When martial law is declared inside a nation, when a state of emergency is recognized, any limit on the power to administer justice must either be pre existing or set by the administrators of law themselves. Schmidt says this was not an oversight.