NEWS: Martial Law Declared in New Orleans, page 1
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reply posted on 30-8-2005 @ 09:46 AM by Nerdling
Is this constitutional???



reply posted on 30-8-2005 @ 10:15 AM by djohnsto77
Originally posted by SpittinCobra
The Territory of Hawaii
During World War II (1941 to 1944) what is now the State of Hawaii was held under martial law.

en.wikipedia.org...


That was the last example of an entire state (or territory) being under martial law, but it has happened in natural disaster sites since then. It happened in the same area during Hurricane Camille in 1969.

[edit on 8/30/2005 by djohnsto77]


reply posted on 30-8-2005 @ 10:20 AM by MasterCoyote
In 1934, California Governor Frank Merriam placed the docks of San Francisco under martial law, citing "riots and tumult" resulting from a dock worker's strike. The Governor threatened to place the entire city under martial law. The National Guard was called in to open the docks, and a city-wide institution of martial law was averted when goods began to flow. The guardsmen were empowered to make arrests and to then try detainees or turn them over to the civil courts.

Though not a state at the time, Hawaii was placed under martial law in 1941, following the Japanese attack on Pearl Harbor. Many of the residents of Hawaii were, and are, of Asian descent, and the loyalty of these people was called into question. After the war, the federal judge for the islands condemned the conduct of martial law, saying, "Gov. Poindexter declared lawfully martial law but the Army went beyond the governor and set up that which was lawful only in conquered enemy territory namely, military government which is not bound by the Constitution. And they ... threw the Constitution into the discard and set up a military dictatorship."

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 crises, but these acts are not tantamount to a declaration of martial law. The distinction must be made as clear as that between martial law and military justice: deployment of troops does not necessarily mean that the civil courts cannot function, and that is one of the keys, as the Supreme Court noted, to martial law.

Source:
www.usconstitution.net...
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