Editing Martial law (section)

===United States===
{{Main|Martial law in the United States}}
{{See also|Habeas corpus in the United States#Federal law|Suspension Clause}}
In the United States, martial law has been declared for a state or other locality under various circumstances including after a direct foreign attack (Hawaii after the [[Japanese attack on Pearl Harbor]]; New Orleans during the [[Battle of New Orleans]]); after a major disaster (Chicago after the [[Great Chicago Fire]] of 1871; San Francisco after the [[earthquake of 1906]]); and in response to chaos associated with protests and mob action (San Francisco during the [[1934 West Coast waterfront strike]]; Montgomery, Alabama, following the mob actions against the [[Freedom Riders#Mob violence in Montgomery|Freedom Riders]]). It has also been declared by renegade local leaders seeking to avoid arrest or challenges to their authority ([[Nauvoo, Illinois]] by Joseph Smith during the [[Illinois Mormon War]] and [[Utah]] by Governor Brigham Young during the [[Utah War]]).<ref>{{cite web|title=Church History in the Fulness of Times Student Manual|year=2003|url=http://www.churchofjesuschrist.org/study/manual/church-history-in-the-fulness-of-times/|access-date=March 30, 2020|page= 276,368}}</ref>

The martial law concept in the United States is closely tied with the right of ''[[habeas corpus]]'', which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend ''habeas corpus'' is related to the imposition of martial law.<ref>{{cite book|author=G. Edward White|title=Law in American History: Volume 1: From the Colonial Years Through the Civil War|url=https://books.google.com/books?id=ZP1oAgAAQBAJ|year=2012|publisher=Oxford University Press|isbn=978-0-19-972314-0|page=[https://books.google.com/books?id=ZP1oAgAAQBAJ&dq=%22martial+law%22+%22habeas+corpus%22&pg=PA442 442]|quote=As the above details suggest, the imposition of martial law and the suspension of the writ of habeas corpus are related, but do not perform identical functions.}}</ref> Article 1, Section 9 of the [[U.S. 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." There have been many instances of the use of the military within the borders of the United States, such as during the [[Whiskey Rebellion]] and in the South during the [[Civil Rights Movement]], but these acts are not tantamount to a declaration of martial law.

In [[Law of the United States|United States law]], martial law is limited by several court decisions handed down between the [[American Civil War]] and [[World War II]]. In 1878, [[Congress of the United States|Congress]] passed the [[Posse Comitatus Act]], which, depending on the circumstances, can forbid U.S. military involvement in domestic law enforcement without congressional approval.({{UnitedStatesCode|18|1385}}, original at {{USStat|20|152}})

The legality of the implementation of martial law was examined in 1866, in the court case ''Ex parte Milligan'', 71 U.S. 2 (1866).<ref name="ex-parte-milligan">''Ex parte Milligan'', 71 U.S. 2 (1866).</ref> Through this case, the Supreme Court established that trying civilians in military tribunals was unconstitutional unless there were no civilian courts available.<ref name="ex-parte-milligan" /> Today, the ability to declare martial law over the United States is not explicitly granted in the Constitution.<ref>{{Cite journal |last=Fairman |first=Charles |date=August 1928 |title=The Law of Martial Rule |url=http://dx.doi.org/10.2307/1945619 |journal=American Political Science Review |volume=22 |issue=3 |pages=591–616 |doi=10.2307/1945619 |jstor=1945619 |s2cid=144256852 |issn=0003-0554}}</ref> Despite this, martial law has been declared at least 68 times in the United States.<ref name="brennancenter" />

There are two main schools of thought regarding the declaration of martial law. First, some scholars argue that the ability to declare martial law is a constitutional power vested in Congress, and in some cases of emergency, the President.<ref name="Lieber2019">{{Cite book |last1=Lieber |first1=Francis |last2=Lieber |first2=G. Norman |editor-first1=Will |editor-last1=Smiley |date=2019-07-23 |title=To Save the Country |url=http://dx.doi.org/10.12987/9780300245189 |doi=10.12987/9780300245189|isbn=978-0-300-24518-9 }}</ref> The second school of thought believes that the power to declare martial law in the United States is not expressed in any law, but rather arises as a matter of necessity and in the interests of "national self-preservation."<ref name="Lieber2019" /> As it stands today, there is no explicit provision in the Constitution granting powers to any specific body of government to declare martial law.

Historically, martial law has been declared in response to national emergencies in the United States. In Hawaii, for example, martial law was instituted following the attack on Pearl Harbor.<ref name="pearlharbor">{{Cite web |date=2017-08-18 |title=The Effects of War: Martial Law in Hawaii {{!}} Pearl Harbor |url=https://pearlharbor.org/blog/effects-war-martial-law-in-hawaii/ |access-date=2023-04-03 |website=pearlharbor.org |language=en-US}}</ref> The Supreme Court evaluated the legality of declaring martial law in Hawaii in the court case ''Duncan v. Kahanamoku'', 327 U.S. 304 (1946).<ref name="duncan-v-kahanamoku">''Duncan v. Kahanamoku'', 327 U.S. 304 (1946).</ref> Here, the Supreme Court held that although Hawaii was not yet a state, the legality of declaring martial law must be analyzed as though Hawaii was one.<ref name="duncan-v-kahanamoku" /> As a result, the United States determined that the safety of the residents of Hawaii was their responsibility, and martial law was implemented throughout the Hawaiian Islands.<ref name="pearlharbor" />