Post by men an tol on Jan 21, 2017 19:03:29 GMT -5
The federal military being used in the States is a rare and complicated event. In 1937 here in Iowa we had actual martial law in one city. The federal military came in and had support of the State governor and State Legislature as well as support of the Federal Congress and President.
When that federal Military entered town all local and State services ended, included all courts of the State and lower in that City. All courts became military courts.
Simply having federal military moving in to be accepted as martial law is not the way it happens.
When I lived in Clintonville, Wisconsin we had the military in the town for 30 days but it was no martial law more of a military assisting local law enforcement.
I’m not sure, but I believe that at the beginning of World War II in Hawaii the military was functionally used as if it were martial law. Years later a case where people were harmed made its way through the court system to the U.S. Supreme Court and it was decided that there was no legal marital law as the correct authorizations had not been completed.
Much of this is defined by the Posse Comitatus Act. The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878 by President Rutherford B. Hayes. The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States.