Why Is Martial Law Called Martial Law

The martial law policy was initially welcomed, but ultimately proved unpopular, as human rights violations committed by the military (para. B example, the use of torture in the collection of information, enforced disappearances) had surfaced with the decadence and excess of the Marcos family and their allies. However, martial law in the Philippines has resulted in many infrastructure projects. Almost all of this infrastructure was functional. Combined with economic downturns, these factors have fuelled dissent in various sectors (e.g. B, the urban middle class), which crystallized with the assassination of imprisoned opposition Senator Benigno Aquino Jr. in 1983 and widespread fraud in early elections in 1986. These eventually led to the People`s Power Revolution in 1986, which ousted Marcos and forced him into exile in Hawaii, where he died in 1989; his adversary and Aquino`s widow, Corazon, was installed as his successor. Although Youngstown did not address a declaration of martial law, Justice Jackson`s concurring opinion briefly mentioned the concept. After stating that the framers of the Constitution « had not made explicit provisions for the exercise of extraordinary powers because of a crisis, » he added the following reservation to a footnote: « I exclude, as in a very limited category in itself, the introduction of martial law. » footnote9_o1d7kp6 9 Youngstown, 343 U.S. at 650n19 (Jackson, J., with approval). This wording recognizes the possibility that martial law may exist as an emergency power, although there is no explicit provision to that effect in the Constitution. However, it does not indicate where this power lies, and certainly not that it belongs exclusively to the executive.

This also makes the three-zone test not applicable under martial law. In addition, the Posse Comitatus Act creates a general rule that it is illegal for federal armed forces to engage in civil law enforcement – even if they only complement and replace civilian agencies – unless expressly authorized by Congress. footnote11_4pb15r7 11 Jennifer K. Elsea, The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, CRS Report No. R42659 (Washington, DC: Congressional Research Service, 2018), fas.org/sgp/crs/natsec/R42659.pdf. The Posse Comitatus Law theoretically allows constitutional exceptions to its general rule, but there are none. As is generally understood, martial law necessarily involves military involvement in the application of civil law. Although there are a number of legal exceptions to the Posse Comitatus Act, none of them authorize the President to declare martial law, as explained in Part III of this report.

Therefore, the president`s declaration of martial law would directly violate the law, which in turn places it in Zone 3 below Youngstown. Aquino`s great personal popularity and broad international support were crucial to the establishment of the new government. Shortly after taking office, she abolished the 1973 constitution and began governing by decree. A new constitution was drafted and ratified in a general referendum in February 1987; The parliamentary elections of May 1987 and the convening of a new bicameral congress in July marked the return of the form of government that existed before the imposition of martial law in 1972. State enforcement of martial law continued into the 20th century, peaking in the 1930s – a decade in which the blatant abuse of that power by governors also increased. In October 1946, the U.S. Military government in Korea declared martial law following the Daegu Uprising. [25] On November 17, 1948, the regime of President Syngman Rhee declared martial law to crush the Jeju uprising. [26] On April 19, 1960, syngman Rhee`s government declared martial law to suppress the April Revolution. [27] But Luther also left many questions unanswered.

It does not explain the legal basis of martial law, its scope, when it can be declared, or who has the power to declare it. In fact, in Luther or a subsequent case, the Supreme Court never ruled directly that the federal government had the power to impose martial law. In one case, the court proposed in « dicta » – a term for the wording of a court notice that is not a necessary part of the holding company and is not strictly legally binding – that the federal government could declare martial law. footnote18_jqfiroz 18 Milligan, 71 U.S. to 127. In another case, it proceeded on that basis, but only for the purpose of ruling on a narrower point of law. footnote19_jh8rtw8 19 Duncan, 327 U.S. to 313. None of these decisions conclusively confirms the existence of a federal martial law authority. In American law, martial law is limited by several court decisions made between the Civil War and World War II.

In 1878, Congress passed the Posse Comitatus Act, which, depending on the circumstances, may prohibit the involvement of the U.S. military in the application of national law without congressional approval. [Citation needed] Despite the widespread application of martial law in the century following the Supreme Court`s decision in the Luther case, many of the legal questions associated with it remain unanswered. The court never declared the legal basis for martial law. He suggested that the federal government could explain it, but he never said it conclusively. In discussing the possibility of federal martial law, the court never made it clear whether the president could unilaterally declare martial law or whether Congress would first have to approve it. In 1934, Minnesota Governor Floyd B. Olson placed the city of Minneapolis under martial law and deployed the National Guards of the 34th Infantry Division due to the escalation of violence during the 1934 Minneapolis General Strike after Bleeding Friday, when police opened fire on picket lines. On 18 May 2003, during a military activity in Aceh, the head of the Indonesian army, on the orders of the President, imposed martial law for a period of six months in order to aggressively eliminate the Acehnese separatists.