Sheriffs Under Surveillance: Martial Law's Impact

Martial law is a legal term for when military authorities take control of civil governance and law enforcement, usually in times of war, rebellion, or natural disaster. During this time, military leaders may suspend certain civil liberties and enforce their own laws. While the U.S. Constitution does not explicitly define when a president can declare martial law, it is generally accepted that the president has the ability to do so. In the context of martial law, the question arises as to whether a sheriff can be placed under surveillance. While there is no clear-cut answer, it is important to note that military personnel are restricted in their ability to enforce civil law and cannot be used in surveillance operations unless it is a joint military-civilian investigation.

Military authority and civilian rule

Martial law involves the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster, and gives a military commander unlimited authority to make and enforce laws. In the United States, martial law may be declared by the President or a State governor, although a formal proclamation is not necessary. While the U.S. Constitution does not explicitly define when martial law can be declared, nearly every state has a constitutional provision authorizing the government to impose it.

The power of martial law has limitations. For example, civilians may not be tried by military tribunals as long as civilian courts are functional, and Department of Defense personnel are restricted in their enforcement of civil law. Military personnel cannot be used in surveillance or undercover operations, and they may not act as informants, investigators, or interrogators unless the investigation is a joint military-civilian operation.

Martial law has been declared nine times since World War II, and in five instances, it was used to counter resistance to federal desegregation decrees in the South. Notable examples of martial law in U.S. history include:

• Boston (1774): In response to the Boston Tea Party, the British Parliament passed the Intolerable Acts, effectively placing Boston under martial law by closing its port and restricting town meetings.
• Virginia (1775): The royal governor of Virginia, Lord Dunmore, declared martial law and offered freedom to indentured servants and enslaved individuals who joined British forces, aiming to disrupt the colonial labor force.
• Utah Territory (1857): President James Buchanan sent U.S. forces to the Utah Territory due to tensions with the federal government, and Governor Brigham Young declared martial law to forbid the approaching armed forces from entering the territory.
• Kentucky, Maryland, and Missouri (1863): President Lincoln imposed Congressionally authorized martial law, allowing him to suspend habeas corpus and civil rights throughout the United States.
• West Virginia (1920-1921): During the West Virginia Coal Wars, Governor Cornwell dispatched federal troops to deal with striking miners, resulting in a "veritable military dictatorship" according to the governor.
• Minneapolis (1934): Governor Floyd B. Olson declared martial law and deployed National Guardsmen due to escalating violence during a general strike, resulting in the deaths of protesters at the hands of the police.

The suspension of civil rights

Martial law involves the temporary substitution of civilian rule with military authority. It is usually invoked during times of war, rebellion, or natural disaster, or in the case of a military coup d'état. In the United States, martial law may be declared by the President or a State governor, although such a proclamation is not necessary. While the U.S. Constitution does not explicitly define when a president can declare martial law, it also does not specifically forbid it.

During martial law, military leaders may suspend certain civil liberties and constitutional rights. This includes the suspension of habeas corpus, which is the right to a hearing and trial on lawful imprisonment. Under martial law, military leaders can also enforce curfews, restrict public gatherings, and detain people. Military personnel, however, cannot be used in surveillance or undercover operations, and they may not be used as informants, investigators, or interrogators unless the investigation is a joint military-civilian operation.

• Boston (1774) - In response to the Boston Tea Party, the British Parliament passed the Intolerable Acts, effectively placing Boston under martial law by closing its port and restricting town meetings.
• Virginia (1775) - Lord Dunmore, the royal governor of Virginia, declared martial law, offering freedom to indentured servants and enslaved individuals who joined British forces against the rebelling colonists.
• Utah (1857) - In response to tension between the Utah territory and the federal government, President James Buchanan sent U.S. forces, leading to the Utah War and the declaration of martial law by Governor Brigham Young.
• Kentucky, Maryland, and Missouri (1863) - President Lincoln imposed Congressionally authorized martial law, allowing him to suspend habeas corpus and civil rights throughout the United States.
• Chicago (1871) - In response to the Great Chicago Fire, Chicago mayor Roswell B. Mason declared a state of martial law and placed the city under the control of General Philip Sheridan.
• West Virginia (1920-1921) - During the West Virginia Coal Wars, Governor Cornwell dispatched federal troops to deal with striking miners, leading to the imprisonment of union miners without trial.
• Minneapolis (1934) - Governor Floyd B. Olson declared martial law in response to escalating violence during the Minneapolis general strike, deploying National Guardsmen to enforce curfews and security details.

The role of the President

Historically, there have been instances where US Presidents have imposed martial law, such as during the Civil War by Abraham Lincoln and in Hawaii after the attack on Pearl Harbor by Franklin D. Roosevelt. In addition, Congress can authorize a presidential declaration of martial law, as seen in the case of Lincoln during the Civil War. The Insurrection Act is a federal law that allows the President to deploy military forces domestically to suppress insurrections, rebellions, or domestic violence when necessary to enforce federal laws and maintain public order.

During martial law, the military's authority is virtually unlimited, and all civilian laws are suspended. Military leaders can create and enforce their own laws, detain people, and take over local governments. They can also restrict public gatherings, impose curfews, and suspend civil liberties and constitutional rights.

It is important to note that the use of martial law is considered a last resort due to its potential for abuse as a political tool. The power to end martial law typically rests with those who imposed it, but Congress and the Supreme Court can also intervene. The Supreme Court has ruled on the extent of presidential powers during martial law, such as in the case of Ex parte Milligan, where it held that Lincoln's imposition of martial law by suspending habeas corpus was unconstitutional in areas with functioning local courts.

The role of the Supreme Court

Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. In the United States, martial law may be declared by proclamation of the President or a State governor, although the U.S. Constitution does not explicitly define when a president can declare martial law.

The Supreme Court's power to review and rule on martial law extends to the actions of state officials as well. State governors have the power to declare martial law, but their actions must abide by the U.S. Constitution and are subject to federal court review. This review process ensures that the rights and liberties of civilians are protected, even during times of emergency.

Additionally, the Supreme Court can play a role in ending martial law. While those who declared it usually have the power to end it, the Supreme Court can intervene and rule on the matter if necessary. This check on executive power is crucial to prevent the prolonged use of martial law and the potential abuse of authority that may arise.

In conclusion, while the Supreme Court's direct involvement in cases specifically concerning martial law has been limited, it nonetheless plays a vital role in establishing and upholding the boundaries of executive power during these extraordinary times. The Court's ability to review and rule on the actions of both federal and state officials ensures that martial law is used appropriately and that the rights of civilians are protected.

The use of surveillance

Martial law is a legal term for when military authorities take control of civil governance and law enforcement. It is usually invoked in times of war, rebellion, or natural disaster, and gives military commanders unlimited authority to make and enforce laws.

In the United States, martial law may be declared by the President or a State governor, although the U.S. Constitution does not explicitly define when this can occur. During martial law, civilian laws are suspended, and military leaders may create and enforce their own laws, detain people, and take over local governments.

While the President has the ability to impose martial law, they lack the authority to declare it without Congressional authorization. State governors can declare martial law in their respective states unless barred by the state constitution. The power to end martial law typically rests with those who enacted it, but Congress or the Supreme Court can also intervene.

During martial law, the military's priority is to restore order, and they have the power to suspend civil rights and freedoms, including the right to bear arms. Military personnel, however, cannot be used in surveillance or undercover operations, and they may not act as informants, investigators, or interrogators unless the investigation is a joint military-civilian operation.

While there is no explicit information on whether a sheriff can be under surveillance during martial law, it is clear that the military has broad powers to enforce order and that all city, state, and county officials, including sheriffs, must defer to military rule. As such, it is possible that a sheriff could be placed under surveillance if it were deemed necessary to maintain order or enforce the military's laws during a period of martial law.

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