Does the USA have a "war measures act"?

[Evil Chris]

Canada has one.
War Measures Act

The only Prime Minister to ever invoke the WMA was Pierre Trudeau, during the October Crisis of 1970.

[MorganGrayson]

If you do a search on Wikipedia for "Declaration of War by the United States" and "War Powers Resolution" there is all sorts of information on the laws or lack thereof of the United States vis~a~vis "war."

I'm sure somewhere it even defines a "police action."

[Evil Chris]

All I could find was a bit about Habeas corpus.

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.

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.

[PornoDoggy]

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.

[JR]

Originally Posted by PornoDoggy

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.

my understanding was that states could declare martial law in thier own state. no? its just not done on a federal level with federal troops enforcing it. just curious and too lazy to google it.

[Dravyk]

We once had Marshal Dillon Law ... if that helps.

[PornoDoggy]

Originally Posted by JR

my understanding was that states could declare martial law in thier own state. no? its just not done on a federal level with federal troops enforcing it. just curious and too lazy to google it.

You are correct, although they have to do so in response to SOMETHING extraordinary.

For example, during most of the race riots in the 60s, Federal troops were only used once that I am positive of (Detroit). There may have been other cases, but I can't be positive.

The guard "belongs" to the states, and under normal circumstances they would handle natural disasters, domestic unrest, etc. The guard can also be federalized, and nowdays is as likely as the Reserves to be called to active duty.

[MorganGrayson]

PD...in my father's lengthy fatigue-wearing career, he went from US Army to full time Connecticut National Guard back to US Army. He spent a lot of time in downtown Hartford during the riots.

"National" Guard is sort of a misnomer, actually, as they do belong to the states are are called out on a state-by-state-by-situation basis.

Occasionally, they even get to do fun stuff. I remember my father being particularly proud of building things. (He also liked tanks and big trucks, but I truly believe that if the Tonka Company had been hiring he would have taken a completely different career path.)

[PornoDoggy]

The Guard traces its heritage back to the state militias, so they've always had some national responsibilities. They were reorganized into the current configuration in the late 19th or early 20th century, to try and avoid some of the petty political squabbles that used to come up when they were called to duty.

Nearly half the U.S. troops on the front lines in WWI were guard units. Guard units made up much of the initial forces deployed in both WWII and Korea.

By Vietnam, however, because of the size of the standing military and for domestic political reasons, something less that 10,000 of the 5,000,000 personnel who served in theater were from the Guard.