The big question is who decides it’s a necessity and why?” A common defense for martial law is defined as the “ law doctrine of necessity.” In other words, if putting troops in the streets to take over for local authority seems like a necessity, martial law should be imposed.Questions surrounding Habeas Corpus will constantly emerge as individuals are possibly detained without an appearance before any type of court.Local judiciary authority will be constantly challenged by military tribunal authority particularly if martial law continues for a long duration.War training is often a shoot first behavior path. The 4 students killed during the Kent State riots in 1970 were shot by National Guard troops who fired for reasons still undetermined. Individual soldiers vary in terms of their beliefs, ideas and behaviors.They would no doubt cooperate with local police, but to what degree and who is really in charge? Soldiers are trained for war and not the disciplined application of local law enforcement.After that, the powers granted to the military sound like the conditions you would encounter in a dictatorship including the first amendment violation of blackouts of all media. To some of us, the only thing on that list that sounds like it has any purpose is the use of a curfew to at least manage the volume of people on the street especially at night. require mandatory fingerprinting and identification of any or all civilians.control hospitals and emergency facilities and their use.prohibit certain sales (like alcohol) also firearms and ammunition.commandeer businesses at anytime for any reason.Suspend the writ of habeas corpus disallowing a court hearing.Impose curfews and media blackouts across all media.To begin with, consider the power that is granted to the military and what they can impose: The appearance of soldiers in the streets seems like welcome relief to some confronted by arson, looting and general lawlessness but there’s a few potential problems with a military presence. Times following catastrophic natural disasters or widespread civil unrest often leave local law enforcement and other resources overwhelmed. There are times when martial law may seem like a good solution to a unique and imposing challenge. What’s apparent is that many people from individuals to governors, mayors, generals and Presidents have imposed martial law for one reason or another. The list goes on but what becomes apparent is that the imposition of martial law can be imposed by a broad range of authorities for a variety of reasons with little recourse for the local population under its authority. Wiley imposed martial law against striking mine workers in 1892. Mason imposed martial law after the Great Chicago fire in 1871. It was the first time that martial law as an expression was imposed and Jackson applied it this way : “Those who are not for us are against us, and will be dealt with accordingly.” Andrew Jackson imposed martial law in New Orleans during the War of 1812.Lincoln only applied this exception to confederate rebels and not the general population. Habeas Corpus is a law the requires that anyone detained by law enforcement and the local judiciary be brought before a court to determine if the person’s arrest and detention is lawful. Abraham Lincoln imposed martial law throughout the civil war and also suspended Habeas Corpus. Joseph Smith wasn’t so lucky and was imprisoned and later hanged. Young eventually backed down after a year and that was the end of it. Brigham Young was the governor of Utah and imposed it in 1857 to protect the Utah territory from the federal government in 1857.
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