Martial law in the United States
[2] Article 1, Section 9 of the US 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."
[citation needed] In 1878, Congress passed the Posse Comitatus Act, which forbids US military involvement in domestic law enforcement without congressional approval.
[3] During the American Revolutionary period, British authorities imposed martial law in several instances to suppress colonial resistance and maintain control.
[10][11][12] Upon arriving in the city on December 1, 1814, Jackson encountered a diverse and divided populace, including Anglo-Americans, Creoles, free people of color, and enslaved individuals.
People in the neighboring town of Carthage, Illinois, felt that Smith was abusing his position in order to avoid arrest.
[18]: 139 A group of ex-Mormons published a paper called the Nauvoo Expositor which detailed Smith's alleged abuse of power.
In April 1861, secessionists severed railroad links around Baltimore to prevent the passage of federal troops and materiel southward.
Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers.
On August 19, 1917, the Spokane office of the Industrial Workers of the World (IWW, or Wobblies) was raided, leaders arrested, and martial law was declared.
The repression of the democratic, radical union in Spokane and across the state took place in the context of the Wobbly-led loggers' and sawmill workers' ongoing strike for the eight-hour day and sanitary conditions in the camps.
The nationwide suppression of the IWW during the war involved physical violence, vandalism, and the imprisonment of hundreds of union members and leaders.
The army officer in charge acted, ostensibly, under the Suspension Clause of Article I of the United States Constitution (selectively; accounts show that he jailed only union miners), and did not allow assembly of any kind.
On July 26, and these deaths of protesters at the hands of the police, Farmer-Labor governor Olson declared martial law and mobilized four thousand National Guardsmen of the 34th Infantry.
Between July 26 and August 1, the National Guard began issuing operating permits to truck drivers, and engaging in roving patrols, curfews, and security details.
On August 1, National Guard troops seized strike headquarters and placed arrested union leaders in a stockade at the state fairgrounds in Saint Paul.
Although the strike was gravely weakened by martial law and economic pressure, union leaders made it clear that it would continue.
On August 21, a federal mediator got acceptance of a settlement proposal from A. W. Strong, head of the Citizens Alliance, incorporating the union's major demands.
The National Guard was called in to open the docks, and a citywide institution of martial law was averted when goods began to flow.
During World War II (1939–1945) what is now the State of Hawaii was held under martial law from December 7, 1941, to October 24, 1944, following the Japanese attack on Pearl Harbor.
"[29] Alabama Governor Gordon Persons placed Russell County under martial law in June 1954 due to the pervasive influence of organized crime gangs.
"[30] The "outside agitators" were "Freedom Riders", peaceful civil rights activists challenging the already-illegal racial segregation in the South.
5122, also known as the John Warner National Defense Authorization Act for Fiscal Year 2007 was a bill passed in the United States Congress on September 29, 2006, and signed by President George W. Bush on October 17, 2006, becoming Public Law 109-364.
Allowing the President to invoke the Act and declare martial law where public order breaks down as a result of natural disaster, epidemic, terrorist attack, is very ambiguous and gives him broad authority potentially to usurp the role of the Governors".
As of 2020[update], the Insurrection Act of 1807 still applies in limiting a US President's ability under Title 10 to federalize National Guard troops for martial law purposes.
