So, What is Martial Law?
- Thread starter Gary
- Start date
Rick H
Well-Known Member
Insurrection is an exception to the Posse Comitatus Act...(prohibits using federal troops to enforce law within the US without authorization from congress). Insurrection will allow the president to use troops to put it down without that authorization.
Don't know about martial law but the 82nd Airborne came into Detroit in the '67 riots and there are still scars on buildings from 50 cal. M2's
Don't know about martial law but the 82nd Airborne came into Detroit in the '67 riots and there are still scars on buildings from 50 cal. M2's
JonB
Halcyon member
Info from the link below:
Martial law has rarely been invoked in the U.S. The last time it was used was in Hawaii, following the Pearl Harbor attack. Prior to that, it was used a few times in the early 20th Century. President Abraham Lincoln used it during the Civil war. It was also invoked during the war of 1812 in New Orleans by General Andrew Jackson.
There are also other times where presidents used the military to maintain order, but not under martial law. Rather they used the Insurrection Act, an act that allows presidents to use the military. Some of the instances where this Act was used include:
www.findlaw.com
Martial law has rarely been invoked in the U.S. The last time it was used was in Hawaii, following the Pearl Harbor attack. Prior to that, it was used a few times in the early 20th Century. President Abraham Lincoln used it during the Civil war. It was also invoked during the war of 1812 in New Orleans by General Andrew Jackson.
There are also other times where presidents used the military to maintain order, but not under martial law. Rather they used the Insurrection Act, an act that allows presidents to use the military. Some of the instances where this Act was used include:
- President Eisenhower used the National Guard in Arkansas to integrate schools in Little Rock.
- President Kennedy and Johnson used the Act to integrate schools in Mississippi and Alabama.
Martial Law During Peacetime - FindLaw
Martial law has been invoked very rarely in America. Who has the power to declare martial law? Can it be done during peacetime? Findlaw.com has answers.
www.findlaw.com
RBHarter
West Central AR
At the risk of a pointed question falling off the tracks and burning . I did look it up once but can't remember what I read ...... What happened to the Monroe Doctrine ? It seems like it was simply excepted out of existence . But perhaps it's the Cliff notes 8th grade version ......
Petrol & Powder
Well-Known Member
Well, actually, Martial law is a bit fuzzy by definition.
Some people will apply the term to anytime the military is used to maintain order. This occurs frequently in the aftermath of natural disasters and sometimes to restore order in large scale riots.
However, that doesn't necessarily fit the definition of Martial Law, which can include the temporary suspension of civil courts and/or legislative powers. For example, the imposition of a curfew by an on-scene military commander without civilian legislative oversight. Or an order to use deadly force beyond what is normally acceptable. These are rare events in America's history but they have occurred in other nations and fit the definition of Martial Law even if they didn't occur here.
People often use terms incorrectly.
Some people will apply the term to anytime the military is used to maintain order. This occurs frequently in the aftermath of natural disasters and sometimes to restore order in large scale riots.
However, that doesn't necessarily fit the definition of Martial Law, which can include the temporary suspension of civil courts and/or legislative powers. For example, the imposition of a curfew by an on-scene military commander without civilian legislative oversight. Or an order to use deadly force beyond what is normally acceptable. These are rare events in America's history but they have occurred in other nations and fit the definition of Martial Law even if they didn't occur here.
People often use terms incorrectly.
Petrol & Powder
Well-Known Member
Wikipedia (it's on the internet it must be true 
) defines Martial Law as= "Martial law is the temporary imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to a temporary emergency where civil forces are overwhelmed, or in an occupied territory."
Part of that definition comes from Britannica - " Martial law, temporary rule by military authorities of a designated area in time of emergency when the civil authorities are deemed unable to function. The legal effects of a declaration of martial law differ in various jurisdictions, but they generally involve a suspension of normal civil rights and the extension to the civilian population of summary military justice or of military law. "
But then they go on to say, " In the English legal system, the term is of dubious significance; in the words of the English jurist Sir Frederick Pollock, “so-called ‘martial law,’ as distinct from military law, is an unlucky name for the justification by the common law of acts done by necessity for the defence of the Commonwealth when there is war within the realm.”
From an American Historical point of view, there have been many instances of using military forces to restore of maintain order. These could easily be called Martial law events but civilian control remained, so they were more about manpower than the actual suspension of civil courts and laws.
There have also been incidents where the military was truly the temporary government, including Reconstruction in the post civil war south, Hawaii after the Pearl Harbor attack, Oklahoma during oil over production in 1931 and even to some extent, Washington D.C. on September 11, 2001.
In other parts of the world we see many examples of martial law, including the American occupations of Germany and Japan after the end of WWII.
Or China government forces in Tiananmen Square in 1989.
Martial Law can be kind of fuzzy to define.
) defines Martial Law as= "Martial law is the temporary imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to a temporary emergency where civil forces are overwhelmed, or in an occupied territory." Part of that definition comes from Britannica - " Martial law, temporary rule by military authorities of a designated area in time of emergency when the civil authorities are deemed unable to function. The legal effects of a declaration of martial law differ in various jurisdictions, but they generally involve a suspension of normal civil rights and the extension to the civilian population of summary military justice or of military law. "
But then they go on to say, " In the English legal system, the term is of dubious significance; in the words of the English jurist Sir Frederick Pollock, “so-called ‘martial law,’ as distinct from military law, is an unlucky name for the justification by the common law of acts done by necessity for the defence of the Commonwealth when there is war within the realm.”
From an American Historical point of view, there have been many instances of using military forces to restore of maintain order. These could easily be called Martial law events but civilian control remained, so they were more about manpower than the actual suspension of civil courts and laws.
There have also been incidents where the military was truly the temporary government, including Reconstruction in the post civil war south, Hawaii after the Pearl Harbor attack, Oklahoma during oil over production in 1931 and even to some extent, Washington D.C. on September 11, 2001.
In other parts of the world we see many examples of martial law, including the American occupations of Germany and Japan after the end of WWII.
Or China government forces in Tiananmen Square in 1989.
Martial Law can be kind of fuzzy to define.
This is getting awful close to politics guys. Ian is right, let’s be very careful here.
I know his rule is a bit onerous at times but like Charles said recently, many of us are here as refugees from a place where political discussions cause too much strife to be worthwhile,
Of you want an on topic, fair game disagreement, get Rick and Winelover discussing how a double action revolver should be fired.
I know his rule is a bit onerous at times but like Charles said recently, many of us are here as refugees from a place where political discussions cause too much strife to be worthwhile,
Of you want an on topic, fair game disagreement, get Rick and Winelover discussing how a double action revolver should be fired.
BBerguson
Official Pennsyltuckian
One of the reasons I really enjoy this group is because there aren’t any political discussions. I’ve been avoiding the news about 99.9% of the time over the past 2-3 months. I haven’t missed the anxiety the politics was giving me. Started reading some on the Newsmax site for the first time tonight and I think my heart rate is up and I can feel tension. I think I’ll give another 3 month rest...
Sounds like the moderators have a good handle on these discussions (or lack of) and I hope they keep it up.
Sounds like the moderators have a good handle on these discussions (or lack of) and I hope they keep it up.
Gary
SE Kansas
Well, puzzle me this: How can ANY topic about Govt; Constitution and Law NOT INVOLVE A POLITICAL ANGLE? I asked a simple question yet it's been turned into a summation of "a political discussion" which it ISN'T. I'm not going to run away from a topic because someone might get their panties in a twist concerning something that MIGHT BE SAID. We're adults and worldly by most accounts, so GOD help us if I would have asked a question about CONSTITUTIONAL LAW! Rant off.
Missionary
Well-Known Member
Generally Martial Law is invoked when the military has taken control of territory through force of arms or intimidation to restore order. Throughout WW2, Korea when an area was invaded, as soon as combat conditions subsided military courts were established to hear court cases of the surviving civilian population if it was determined no local leadership existed.
Irac, Iran, Afganistan and other `more recent combat areas were also under forms of martial law until local recognized courts were established.
Irac, Iran, Afganistan and other `more recent combat areas were also under forms of martial law until local recognized courts were established.