Martial Law

[dilloduck]

http://jurist.law.pitt.edu/paperchase/2005/08/breaking-news-martial-law-declared-in.php

Some dated information but this needs to be looked into. No state provision for even declaring martial law??

 

[dilloduck]

http://jurist.law.pitt.edu/paperchase/2005/08/breaking-news-martial-law-declared-in.php

Some dated information but this needs to be looked into. No state provision for even declaring martial law??

"Martial law supersedes the Constitution
and voids the Bill of Rights."

I found this someplace----Is this an accurate desciption of Martial law?

 

[Hobbit]

Martial law doesn't supercede the Constitution. Nothing can do that short of a coup. Martial law simply replaces local law and law enforcement with military law and law enforcement. Extra regulations are placed that make it easier to determine criminals from innocents, such as curfew and 'forbidden zones.' The death penalty becomes more common and the judicial process is streamlined at the cost of individual rights. There's still a fair trial. You still can't be deprived of stuff without due process. You're just more likely to be shot as opposed to arrested than before and your lawyer isn't allowed to clog up the trial with dozens of motions.

 

[dilloduck]

Martial law doesn't supercede the Constitution. Nothing can do that short of a coup. Martial law simply replaces local law and law enforcement with military law and law enforcement. Extra regulations are placed that make it easier to determine criminals from innocents, such as curfew and 'forbidden zones.' The death penalty becomes more common and the judicial process is streamlined at the cost of individual rights. There's still a fair trial. You still can't be deprived of stuff without due process. You're just more likely to be shot as opposed to arrested than before and your lawyer isn't allowed to clog up the trial with dozens of motions.

Sorry for my laziness but is there a provision in the Constitution itself that provides for the declaration of martial law?

 

[Hobbit]

Sorry for my laziness but is there a provision in the Constitution itself that provides for the declaration of martial law?

No, there isn't. There is, however, nothing against martial law as long as the soldiers don't violate rights such as quartering and unlawful seizure. It's basically up the government to determine law enforcement. Martial law is just an extreme form of law enforcement.

 

[dilloduck]

No, there isn't. There is, however, nothing against martial law as long as the soldiers don't violate rights such as quartering and unlawful seizure. It's basically up the government to determine law enforcement. Martial law is just an extreme form of law enforcement.

I heard yesterday that Congress could pass a law giving the president the authority to invoke martial law in specific cases.