Understanding Martial Law in the United States
Often, discussions regarding martial law in the United States are beset with confusion. Richard Tast's reliance on a blog post by Edwin Vieira that claims the Constitution does not allow martial law against a hostile local authority is a common misconception. This article aims to clarify these misunderstandings by providing a detailed exploration of the history and legal framework surrounding martial law in the U.S.
Early Examples of Martial Law
The concept of martial law is not purely hypothetical; its use in the United States has a rich history. One of the earliest crises where martial law was invoked involved the Whiskey Rebellion. In 1794, President George Washington used federal troops to combat this uprising of citizens protesting the excise tax on whiskey. This example highlights the constitutional right of the federal government to maintain order and enforce laws.
Notable Historical Examples and Legal Precedents
The Civil War is perhaps the most well-known period where martial law was applied, resulting in significant legal challenges and precedents. Key cases include:
Ex parte Merryman (1861)
Justice Roger B. Taney issued the Ex parte Merryman ruling, which argued that only Congress could suspend the writ of habeas corpus. This case was a significant legal challenge to military authority and highlighted the tension between the executive and judicial branches during times of war.
Ex parte Milligan (1866)
The Supreme Court declared that a civilian could not be tried in a military court while civilian courts were still open. This ruling provided crucial guidance on the separation of civilian and military justice.
Legislative Controls and the Posse Comitatus Act
The 1872 Posse Comitatus Act further regulated the use of federal military forces. This act prohibited the use of Army and Navy personnel for law enforcement unless authorized by Congress. While this significantly limited the immediate use of federal forces, it did not entirely preclude them from being involved in law enforcement under certain circumstances, which has led to debates over its application during various crises.
Modern Examples and Controversies
More recently, the U.S. government declared martial law in certain counties due to severe corruption among local police forces and other emergencies. For instance, in Russell County, Alabama, martial law was declared in response to a local police force's corruption and the assassination of an Attorney General nominee. This case underscores the flexibility and necessity of martial law in addressing contemporary law enforcement crises.
Legal and Constitutional Questions
Despite the historical examples, the legality and appropriateness of martial law remain ambiguous. The Constitution does not provide clear guidelines on when martial law should be invoked or terminated. There is very little caselaw on this subject, which makes it a subject of ongoing debate within the legal community.
Closing Thoughts
The use of martial law in the United States has a complex and varied history. Whether it is invoked for historical crises or modern emergencies, the legal and constitutional implications are far-reaching and continue to be subjects of scholarly and political debate.