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Originally Posted by Evil Chris
All I could find was a bit about Habeas corpus.
Marshal Law (although the term is thrown around from time to time) does not exisit in the USA.
The Posse Comitatus Act (no I didn't make that up) forbids military involvement in domestic law enforcement without congressional approval. But then they go on to say that the National Guard is an exception to this.
So basically you guys can do whatever the hell you want.
Land of the free.  |
Okay ... it's
Martial Law, and while not specifically defined in any legislation that I'm aware of, has been exercised in U.S. cities when required by riots. I know that the actual phrase was used in reference to riots in Detroit when I was a teenager, where U.S. Army troops had to be called in.
Posse Comitatus laws stem from the post civil war era, when Federal troops were used to enforce United States law and/or protect certain citizens because local law enforcement was unwilling or unable to do so.
The National Guard is called in for any kind of civil emergency (riots, floods, tornados - I even know of one instance where they were called out for snow removal). They can enforce law and order, but they cannot engage in law enforcement. Violating one of their orders is still a civil, not military, offense, and they do not investigate crimes committed.