Martial Law In The United States

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Martial law is generally implemented when a nation incurs civil unrest, in a time of national crisis, or is in a state of war. It is a temporary imposition by the nation’s military force for that particular country’s civilians. It is also implemented in a specific region rather than the whole country. 

Although the US President and state governor have all the rights and powers to implement martial law within the boundaries of the country. It is in response to any emergency where civil forces are overwhelmed. Overall, Martial law is something that is enforced to control an extremely bad situation.

What Happens When Martial Law Is Declared?

When martial law is imposed in a region, that means it is under military power. Military assumes themselves as the Judiciary, Legislative as well as Executive. Military leaders make different and specific laws. They also enforce soldiers in place of cops. Military forces can impose curfews and also cause media blackouts. 

They restrict civilians through many strict rules and regulations. In some cases, they ban the writ of habeas corpus. Militants control many sales, like selling alcohol and drugs. They took control of many medical facilities and other emergencies. Also, they regulate the whole working condition. If any common civilian was found violating the rules and regulations, they took stringent action against them.

How Many Times Has Martial Law Been Declared In The United States?

Throughout the history of the United States, at least 68 times martial law has been declared and imposed, which include the local areas of the United States. These 68 times of martial law implementation include several reasons. 

Twice for war and invasion, eleven times due to civil wars and riots, seven times due to domestic fights, four times for natural disasters, due to labor dispute, martial law implemented 29 times, and also more than fifteen times due to many other reasons. But Habeas Corpus was suspended only once during the civil war of 1963 in the presence of President Abraham Lincoln.

When Was The Congressionally Authorized Martial Law Declared?

On September 15, 1863, a congressionally authorized martial law had been imposed by President Abraham Lincoln. This act allowed President Abraham Lincoln to ban habeas corpus throughout the entire United States of America. However, the concept of martial law has a very close connection with the right of habeas corpus. 

Abraham put the martial law due to which suspension occurs on Prisoners of war, spies or aiders and abettors of the enemy. The Ex parte Milligan challenged this act. This case goes to the supreme court. The supreme court stated that the president’s implementation of martial law was unconstitutional.

When And Why Martial Law Was Imposed On Hawaii?

During World War II (1939-1945), Japanese soldiers surprisingly attacked Pearl Harbor in the US. Due to this, a war had started, and the federal judge of the island Hawaii declared and imposed Martial Law on 7 December 1941. It lasted 3 years up to 24 October 1944. 

The commanding general of the Hawaiian region becomes the governor of the military in Hawaii, assuming himself the legislative, executive, and also has the power of the judiciary. This affects the life of residents of Hawaii territory. The military general changed many laws and implemented many new laws. They also imposed many strict laws on civilians.

What Is Insurrection Act 1807?

The Insurrection Act of 1807 is a law of the United States federal. This gives power to the president of the United States to deploy the military force when some situation evokes such as domestic violence, civil war, riots, and rebellion. This was enacted by the 9th United States congress and effective since March 3, 1807. 

During that time, it was first signed by President Thomas Jefferson on the same date. Later in 2007, the National defense authorization act bill was passed, but after it was felt ill-conceived, unnecessary, and dumb. Also, many members of SASC don’t know about it. Then due to many oppositions by Congress, the Insurrection act of 1807 was again restored. It is even applied in 2020 by the President for imposing Martial law.

What Is The Posse Comitatus Act?

Posse Comitatus Act is a state-federal law that limits the power of the president and federal government in the use of defense or military force to solve domestic violence or any worse situation. This is also known as the Knott Amendment. 

It was effective from June 18, 1878, it is also called the Posse Comitatus Act of 1878. Also, it has a nickname which is the Army Appropriations Act of 1878. The 45th United States Congress enacted this. At that time, it was first signed by President Rutherford B. Hayes on June 18, 1878. This act commonly comes to action when Martial law is implemented and to limit the power of the President.

How To Defend Martial Law?

It is obvious to say that life under the Martial is just scary. There is a chance of losing many precious things. Also, we don’t have freedom of speech. At that time, it is always better to stay ahead of time. It is always recommended to stay with plenty of food. It is always preferable to stay home maximum of the time. 

As freedom of speech is gone, it is better to stay silent than unnecessary talks. Also, it is better to stay low profile. Avoiding being social is also a better option during this scary time. It is too vital to remain aware and understand the rules and regulations to stay safe.

Conclusion

Martial Law is something that is never the first option of solving an issue. It is always preferred when the situation is critical and scary such as during any war, invasion, rebellion, or riots. This is understandable when it is used for some days to control the situation. But excess of this leads to many more problems. It takes away many rights, such as freedom and the right to speech. 

This is to stop the growth of a country for some period, which ultimately hampered the economy of a particular country. Countries like the US faced it many times, and also, they knew the circumstances and consequences of this. Hence, it is always important to solve the situation as early as possible to avoid some scary situations like the implementation of Martial law.

References

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/airfor49&section=5
  2. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/calr30&section=42

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