Martial law---10 pts 4 best answer?

Question

what is martial law in the united states????? can someone explain it to me in simple terms please? thankyou!!

Answer 1

Martial law should not be confused with military justice. In the United States, for example, each branch of the military has its own judicial structures in place.

Members of the service are under the control of military law, and in some cases civilians working for or with the military may be subject to military law.

But this is the normal course of business in the military. Martial law is the exception to the rule. In the United States, the military courts were created by the Congress, and cases can be appealed out of the military system to the Supreme Court in many cases. In addition, a civilian court can petition the military for habeas corpus.

Article 1, Section 9 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." Habeas corpus is a concept of law, in which a person may not be held by the government without a valid reason for being held.

A writ of habeas corpus can be issued by a court upon a government agency (such as a police force or the military). Such a writ compels the agency to produce the individual to the court, and to convince the court that the person is being reasonably held.

The suspension of habeas corpus allows an agency to hold a person without a charge. Suspension of habeas corpus is often equated with martial law.

Because of this connection of the two concepts, it is often argued that only Congress can declare martial law, because Congress alone is granted the power to suspend the writ.

The President, however, is commander-in-chief of the military, and it has been argued that the President can take it upon himself to declare martial law. In these times, Congress may decide not to act, effectively accepting martial law by failing to stop it; Congress may agree to the declaration, putting the official stamp of approval on the declaration; or it can reject the President's imposition of martial law, which could set up a power struggle between the Congress and the Executive that only the Judiciary would be able to resolve.

In the United States, there is precedent for martial law. Several times in the course of our history, martial law of varying degrees has been declared.

The most obvious and often-cited example was when President Lincoln declared martial law during the Civil War. This instance provides us with most of the rules for martial law that we would use today, should the need arise.

ex parte Milligan

On September 15, 1863, Lincoln imposed Congressionally-authorized martial law. The authorizing act allowed the President to suspend habeas corpus throughout the entire

Martial law is perhaps the ultimate stomping of freedom.

Answer 2

Martial law is the system of rules that takes effect when the military takes control of the normal administration of justice.

Martial law is sometimes imposed during wars or occupations in the absence of any other civil government. Examples of this form of military rule include Germany and Japan after World War II or the American South during the early stages of Reconstruction. In addition it is used by governments to enforce their rule, for example after a coup d'état (Thailand 2006), when threatened by popular protests (Tiananmen Square protests of 1989), or to crack down on the opposition (Poland 1981). Martial law can also be declared in cases of major natural disasters, however most countries use a different legal construct such as a "state of emergency".

In many countries martial law imposes particular rules, one of which is curfew. Often, under this system, the administration of justice is left to a military tribunal, called a court-martial. The suspension of the writ of habeas corpus is likely to occur

-pretty much the military will dictate the law in where there in "martial law" it can happn in a city, state, county province.

Answer 3

Martial law can be imposed by the governor of a state in time of a dire emergency such as a natural disaster or in the event of uncontrollable violence due to civil unrest. This empowers the National Guard to take over police responsibilities along with State police and local civil authorities. The Federal executive branch Has similar authority. It has not been used I do not believe since the Civil War.  An exception may be during the 1960's when Federal Marshals enforced de-segregation of schools and state universities in Alabama.

Martial Law simply put is the imposition of military law and police over the local civil authorities.

Answer 4

Martial law is the system of rules that takes effect when the military takes control of the normal administration of justice.

Martial law is sometimes imposed during wars or occupations in the absence of any other civil government. Examples of this form of military rule include Germany and Japan after World War II or the American South during the early stages of Reconstruction. In addition it is used by governments to enforce their rule, for example after a coup d'état (Thailand 2006), when threatened by popular protests (Tiananmen Square protests of 1989), or to crack down on the opposition (Poland 1981). Martial law can also be declared in cases of major natural disasters, however most countries use a different legal construct such as a "state of emergency".

In many countries martial law imposes particular rules, one of which is curfew. Often, under this system, the administration of justice is left to a military tribunal, called a court-martial. The suspension of the writ of habeas corpus is likely to occur

-pretty much the military will dictate the law in where there in "martial law" it can happn in a city, state, county province.

pleeeez pick me for best answer i need the points!!!

Answer 5

In a state of emergency, when the military has direct rule.

Answer 6

martial law is when something gets so out of hand that the government hands over control of an area to the military for a while. Example:the movie Cloverfield

Answer 7

I made it as simple as I can by Googling it for you.

Executive Order 12656 "Assignment of Emergency Preparedness Responsibilities", February 16, 2004 plus Executive Order 13074, Amendment to EO 12656, February 9, 1998.

"Executive Order Number 12656 appointed the National Security Council as the principal body that should consider emergency powers. This allows the government to increase domestic intelligence and surveillance of U.S. citizens and would restrict the freedom of movement within the United States and grant the government the right to isolate large groups of civilians. The National Guard could be federalized to seal all borders and take control of U.S. air space and all ports of entry."

Executive Order 11921 "Adjusting Emergency Preparedness Assignments to Organizational and Functional Changes in Federal Departments and Agencies" allows the Federal Emergency Management Agency (FEMA) [stated as the Federal Emergency Preparedness Agency] to "develop plans to establish control over the mechanisms of production and distribution, of energy sources, wages, salaries, credit and the flow of money in U.S. financial institution in any undefined national emergency. It also provides that when a state of emergency is declared by the President, Congress cannot review the action for six months."

Should President George W. Bush proclaim and put into effect Executive Order 12919, "the President would put the United States under total Martial Law and Military Dictatorship."

"The President need not wait for some emergency to occur, however. He can declare a National Emergency at any time, and freeze everything. Congress, and the States, are powerless to prevent such an Executive Dictatorship, as long as the President advises Congress in a timely matter."