Under what circumstances

[Major Tom]

could the federal government call for/enforce 'martial law'? What happens under 'Martial Law"? What are the limits forced on citizens?
With Biden and O'Bama running things; how likely are they to do that?

[Allen]

When you control the law you can do pretty much any thing you desire. We see that happening every day.

[Vern Humphrey]

Martial law can be proclaimed by any commissioned officer -- of course it can be unproclaimed by his superior.

Martial law suspends the courts and transfers their power to military tribunals.

[S.A. Boggs]

Major, your question is what can/will happen IF civilian control of the AO is lost AND the military have to come in and restore order. It will be harder for those living urban, than for us who live rural. Back in 2009 the History Channel did a show on what can/will happen if a major epidemic hit the world. Under those terms Martial Law will be needed.
Sam

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Martial law can be proclaimed by any commissioned officer -- of course it can be unproclaimed by his superior.

Martial law suspends the courts and transfers their power to military tribunals.

Didn't President Lincoln suspend the writ of habeas corpus and imprison political leaders of Maryland?
Sam

[Tenboremag]

Where in the Constitution is the provision for declaring Martial Law and suspending the Constitutional rights of Citizens?

[dogtag]

Might beats Rights

[S.A. Boggs]

Might beats Rights

"ALL power comes from the barrel of a gun!"
Sam

[barretcreek]

We'll find out when Slo loses.

Actually we'll find out when we find out what all the newly imported terrorists have been told to do.

[Art]

Didn't President Lincoln suspend the writ of habeas corpus and imprison political leaders of Maryland?
Sam

Yes, and in more places than just Maryland. However it must be remembered that Habeas Corpus corpus is not a "right" but a "Privilege." While the Constitution treats it as an important concept it also allows it to be suspended in cases of "Rebellion" or "Invasion," or for "Public Safety" (Art.1 Sec. 9) which is pretty darn broad, probably too broad IMHO. Lincoln came under a lot of pressure over the legality of his unilateral suspension of Habeas Corpus without congressional approval and in 1863 the Congress ratified his decision and also, in that legislation stated that the President and his agents were to be held blameless for any suit filed related to anything they did re: Habeas Corpus before Congress acted.

One victim of the suspension of Habeas Corpus was an Ohio Copperhead Congressman named Clement Vallandigham (How's that for a moniker??) who was arrested for speeches sympathetic to the enemy. When he applied for Habeas Corpus his request was knocked down since he was deemed to come under the rebellion and public safety exceptions mentioned above.

[S.A. Boggs]

Yes, and in more places than just Maryland. However it must be remembered that Habeas Corpus corpus is not a "right" but a "Privilege." While the Constitution treats it as an important concept it also allows it to be suspended in cases of "Rebellion" or "Invasion," or for "Public Safety" (Art.1 Sec. 9) which is pretty darn broad, probably too broad IMHO. Lincoln came under a lot of pressure over the legality of his unilateral suspension of Habeas Corpus without congressional approval and in 1863 the Congress ratified his decision and also, in that legislation stated that the President and his agents were to be held blameless for any suit filed related to anything they did re: Habeas Corpus before Congress acted.

One victim of the suspension of Habeas Corpus was an Ohio Copperhead Congressman named Clement Vallandigham (How's that for a moniker??) who was arrested for speeches sympathetic to the enemy. When he applied for Habeas Corpus his request was knocked down since he was deemed to come under the rebellion and public safety exceptions mentioned above.

Wonder if he was related to the murdered Ohio prison guard @ Lucasville in94?
Sam