Can the u.s. military be used for martial law in the u.s.?

MikeGolf

During the 1992 LA riots Federal troops were called in to restore order after local authorities proved incapable of managing the situation. (The situation was so bad that the California National Guard was federalized in order to get them under competent civilian leadership.)

During operation Katrina Relief there was no Federal over-riding of the local governments (one of the reasons there were so many problems with the relief efforts). This led to the rather odd situation where active-duty soldiers were not allowed to carry ammunition and had to be escorted by National Guard troops - who were allowed to carry ammunition.

Hoosier Daddy

The "Posse Comitatus Act" prohibits this. However, that doesn't mean that it cannot be done. Technically, what could happen (and this is just speculation) is that the Federal government could symbolically turn command of US forces in an area over to a state's governor, who would then use them--use them exactly as the Feds requested, that is. However, that is just speculation. There is no law that a government cannot get around if it wants to. Only the vigilance of the people can guard against this, and that is limited.

Chance20_m

As said above, the troops cannot be used for law enforcement due to Posse Comitatus. However, in the event of rebellion or similiar national emergancy, they can be used for martial law. In most cases of riot or other disturbance though, the govenor will call out the National Guard, which doesn't fall under posse comitatus.

Rubber Cranium

Correct. Posse Commitatus prevents REGULAR active duty (title 10) servicemembers from bearing arms inside the continental US. That is a job for the Guard (Under title 32 orders) and it is used often. For instance, Governor Blanco in Louisiana still has her state's NG deployed to help keep order in the wake of Katrina. The NG can deploy in this capacity any time a disaster or an emergency occurs if so ordered by that state's governor. If an emergency is beyond the capabilities of a state, it can transfer Guardmembers and material assets between them through a formal request referred to as EMAC. The Emergency Management Relief Compact which is an agreement between agencies such as NG, FEMA, Homeland Defense, etc..

Bill

The posse comitatus act prevents servicemen from being used to enforce the law.

Stranggore

See "Posse Commitatus." The Cost Guard, a branch of the US military is generaly is not held to the proversions of the act. There are a number of situations in which the Act does not apply. These include:

National Guard under the authority of the governor;
Troops used to quell domestic violence as was the case during the 1992 Los Angeles riots;
Troops used under the order of the President pursuant to the Insurrection Act
Under 18 U.S.C. Â§ 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if civilian law enforcement is inadequate to address certain types of threat involving the release of nuclear materials, such as potential use of a Nuclear or Radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness

deployments of the militray inside the "current" us after the posse comitatus act

1889 -- Hawaiian Islands. - July 30 and 31. US forces protected American interests at Honolulu during a revolution

1891 -- Bering Strait. - July 2 to October 5. Naval forces sought to stop seal poaching

1893 -- Hawaii. - January 16 to April 1. Marines were landed ostensibly to protect American lives and property

1992- LA riots

sailorparra

Yes in some cases if martial law has been declared then usuall the Army national guard can be used, as was the situation with Hurricane Katrina, the National Guard had to use force in some situations.

tercelclub

No, under Posse Comitatus Act; that job is left to the National Guard.

The Posse Comitatus Act of 1878 was a direct response to the increasing use of the military for civilian purposes in the Reconstruction period following the [US] Civil War. On many occasions troops had been used to quell civil disturbances, to help form governments in southern States, and to enforce civil laws. This issue came to a head when Rutherford B Hayes won the disputed presidential election of 1876. Accusations were quickly made that troops sent to the southern states to act as a posse comitatus for federal marshals at the polls assisted in providing the President with the essential votes. In 1878 a Democrat controlled House of Representatives passed an army appropriations bill (20 Stat 145, 152) which contained language expressly prohibiting the use of the army as a posse comitatus. The act therefore rejected the Mansfield Doctrine that troops could be used in a civilian capacity as long as they were subject to civilian law, and equated the use of troops with martial law.

Middleclassandnotquiet

I believe the military could be used due to part of a recent law.

In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.

The National Guard is an exception, since unless federalized, they are under the control of state governors. [5]. This has now changed. Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122), was signed by President Bush on October 17, 2006, and allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities. Title V, Subtitle B, Part II, Section 525(a) of the JWDAA of 2007 reads "The [military] Secretary [of the Army, Navy or Air Force] concerned may order a member of a reserve component under the Secretary's jurisdiction to active duty...The training or duty ordered to be performed...may include...support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense." [6]

There's a lot more on this, do some googling.

I can't really imagine what it could be like.

guns155mm

1992 LA riots. National guard and Marines from Camp Pendelton were there.

Brad V

It's usually the national guard that is given that pleasure. It wouldn't surprise me if they aren't getting poised in some of these high density muslim areas around the midwest.

macaroni

The National Guard had played this role many times. Especially in the 60's. Anyone remember the tanks coming down Gratiot?

Army Retired Guy

In States, that's what national Guard units do at the request of the governor and local governments. If a state was to secede, or attempt to, that's where the feds kick in.

utahmike42

Federal troops, no. But there is always the National Guard.

r1114@sbcglobal.net

yes,yes

planksheer

Since Bush suspended the Posse Comutatus, ( look up Ex Parte Milligan ), they can now. I fear we are poised on the edge of becoming a totolitarian state, if we are not all but there already. Don't forget we no longer have habeas corpus either.

super682003

Martial Law was used in New Orleans during hurricane katrina when the 82nd airborne arrived, so as to stop the looting and so on. Martial law was only used one other time that I know of in 1862, when Abraham Lincoln sent the army into Utah to quash the Mormon militia, which was declared unconstitutional later by the supreme court. In a nutshell, martial law can be declared in a state of emergency like hurricane katrina, but on an everyday basis, that's why police forces, sheriff's offices, town marshals, constables, or whatever they're called are for; to keep the peace.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: