Martial Law

[frog]

Have any of you news from your areas? What's going on in your town?
Anything interesting related to Martial Law? Is the US Military training in town?

[pese]

Never heared about this (in Germany. I find some good informations
in Wikipedial, aswell in google-tube. synchonized in german.
very impressiv
http://video.google.com/videoplay?docid=8460389361255798355

[Pirate88179]

Only the gov. of a state can declare martial law, not the President.  It is a state's right's issue, which is why we fought the civil war.  The Military is training here in my state (Kentucky) but we have two Military bases (Ft. Knox, Ft Campbell) and I have noticed nothing unusual other than the "normal" activity.

Bill

[hansvonlieven]

G'day all,

I don't understand your argument Bill. You say that in the US martial law can only be declared by a state. I don't know too much about the law in the US but that does not make sense to me.

Martial law means that an area is put under the direct control and supervision of the military.

How can a state do this, since the supreme commander of your armed forces is the president as far as I know.

A state of emergency can be declared by a state but that does not put the area automatically under martial law. At least not in my understanding.

Can you please clarify this as I am interested.

Hans von Lieven

[Pirate88179]

Hans:

Yes, control of the Military is correct.  But, as I said, our system is set up so that the states have individual control.  The founding fathers did not want centralized power.  (Although we are getting closer to that every day)  This was the main issue that caused our Civil War.  States rights vs Federal rights. 

So, the Military can only be called out by the state, actually a request from that State's Governor is what would trigger it.  They can't go in without this request. (theoretically)  When Robert Kennedy sent troops into  Alabama against that Governor's wishes, he was violating the US Constitution.

The Federal Gov. still can pretty much get want they want as they wield Federal dollars over a states head.  (blackmail)  If a state does not fall in line, they stand to loose billions in Federal highway funds, closing of lucrative military bases, etc.

So, I guess having said all of this, if a President wanted to send troops to a particular state, and that Governor did not request them nor does he want them, well, with enough pressure, he would most likely cave in anyway.

I don't have much of an argument as you said because the outcome would be the same as if the President could order troops into a state on his own.

Bill