imported post
Pointman wrote:
Given that any time anything somewhat major happens martial law is declared and people are forced to leave their homes or arrested, guns are confiscated and not returned, etc.,
Martial law has been declared in the US a few times and not "
any time anything somewhat major happens..." unless, of course, it means exactly what you want it to mean (a la The Red Queen).
http://www.usconstitution.net/consttop_mlaw.html
http://en.wikipedia.org/wiki/Martial_law#United_States_of_America
See also: Suspension clause The martial law concept in the U.S. is closely tied with the right of
habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law. Article 1, Section 9 of the
U.S. Constitution states, "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public Safety may require it."
In
United States law, martial law is limited by several court decisions that were handed down between the
American Civil War and
World War II. In 1878,
Congress passed the
Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. The
Military Commissions Act of 2006 possibly rescinds these limits by suspending habeas corpus, but the law is not clear on whether it applies to U.S. Citizens. Since,
USNORTHCOM [5] has increased its direct involvement with civilian administration.
The
National Guard is an exception, since unless federalized, they are under the control of state governors.
[6]. This has now changed. Public Law 109-364, or the "
John Warner Defense Authorization Act of 2007" (H.R.5122), was signed by President Bush on October 17, 2006, and allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities. Title V, Subtitle B, Part II, Section 525(a) of the JWDAA of 2007 reads "The [military] Secretary [of the Army, Navy or Air Force] concerned may order a member of a reserve component under the Secretary's jurisdiction to active duty...The training or duty ordered to be performed...may include...support of operations or missions undertaken by the member's unit at the request of the
President or
Secretary of Defense."
[7][/sup] The President vetoed the Defense Authorization Act of 2008 on December 27, 2007.A provision in the 2008 defense authorization bill would have repealed this section of PL 109-364.
[8][/sup]
edit] New Orleans, Louisiana in the War of 1812 During the
War of 1812, U.S. General
Andrew Jackson imposed martial law in
New Orleans,
Louisiana after capturing the encampment of New Orleans from the British in the
Battle of New Orleans.
edit] The Territory of Hawaii During
World War II (1939 to 1945) what is now the
State of Hawaii was held under martial law from 1941 to 1945.
edit] Hurricane Katrina Contrary to many media reports at the time,
martial law was not declared in New Orleans in the aftermath of Hurricane Katrina, because no such term exists in
Louisiana state law. However, a
State of Emergency was declared, which
does give unique powers to the state government similar to those of martial law. On the evening of
August 31,
2005, New Orleans Mayor
Ray Nagin nominally declared "martial law" and said that officers don't have to worry about
civil rights and
Miranda rights in stopping the looters.
[9][/sup] Federal troops were a common sight in New Orleans after Katrina. At one point, as many as 15,000 federal troops and National Guardsmen patrolled the city. Additionally it has been reported that armed contractors from
Blackwater USA assisted in policing the city.
[10][/sup]
