NEWS: Martial Law Declared in New Orleans

This sounds major...according to FOX water levels are rising faster than expected and they really have no idea why and are telling everyone to get out now....

Is this constitutional???

Short answer.....yes.

In a state of emergency

Yes, in this case Martial Law would be the way to go, i guess. Thanks for the news.

Maybe someone can explain to me how they've declared martial law and at the same time they're telling everyone to get the hell out of dodge.

Peace

Drudge just flashed that the Pentagon is readying troops to deploy.

Rumours of National Guard units being called home ahead of schedule.

Will update you as I find info.

So Amuk my Libertarian friend... Is this your nightmare scenario?

Can someone also describe accurately the terms of Martial Law?

With martial law, you can forceably remove people from their homes at gun point...basically all civil rights are gone. It's done only in an emergency or wartime in the U.S.

I would have to see more on it. They are not declaring Martial Law all over the United States, just over a decimated area. As far as I can tell its a bit early to start having nightmares.

Martial law is the system of rules that takes effect (usually after a formal declaration) when a military authority takes control of the normal administration of justice (and usually of the whole state).

Martial law is instituted most often when it becomes necessary to favour the activity of military authorities and organizations, usually for urgent unforeseen needs, and when the normal institutions of justice either cannot function or could be deemed too slow or too weak for the new situation, i.e., due to war or civil disorder, in occupied territory, or after a coup d'état. The need to preserve the public order during an emergency is the essential goal of martial law. However, declaration of martial law is also sometimes used by dictatorships, especially military dictatorships, to enforce their rule.

en.wikipedia.org...

side note:The United States
In United States law, martial law is limited by several court decisions handed down during the American Civil War and World War II. In Ex Parte Milligan 71 US 2 1866, the Supreme Court of the United States held that martial law could not be instituted within the United States when its civilian courts are in operation.


The U.S. State of Tennessee
The Tennessee Constitution outlaws martial law within its jurisdiction.



[edit on 30-8-2005 by SpittinCobra]

It's never too early.

I think it's a necessary thing...I doubt it will be abused, the devestation there is amazing and the military needs to come in.

"In the United States the federal government is limited in applying martial law by the provision of Article 1, Section 9, Subsection 2, of the Constitution, which concerns the suspension of habeas corpus. In most U.S. states, martial law may be proclaimed when deemed necessary for the public's safety."

www.encyclopedia.com...

I think that the government of Louisiana made the declaration of martial law in order to safeguard the public and allow the use of National Guard and Federal troops in the New Orleans area for search and rescue and law enforcement.

Basicly authorities are baffled by the still rising water and the inability to predict the immediate future. Search & rescue of those trapped in homes should be priority number one.

There has been looting and other criminal activity while the majority just wait helplessly for food water and a way to let loved ones know they are safe.

It is a security nightmare and by declaring martial law, the military will take over and make sure no one goes into the area and this also gives them the power to take you out of the area. (no questions asked).

Ugly things could happen, but the fact of the matter is the city is in chaos and some sort of control is needed immediately, so the concentration of efforts can be focused on search & rescue / identifying the continuing rise of water in the city.

This is my simple explanation of the reason why martial law has been declared, if I am way off base please enlighten me....

So the "mandatory" evacuation that was issued before Katrina hit wasn't really mandatory? With the declaration of martial law it makes it a mandatory "mandatory" evacuation enforced by gun if needed. What if someone doesn't want to leave their house anyways? Do they shoot them?

Why declare martial law in this particular case? It seems to me it would cause more disorder than order.

Peace

just wondering, but does anybody know when the last time 'martial law' was used in america and under what circumstances?

is it a regular occurance following natural disasters of this sort or is this the first time it has declared, any other time just being called a 'state of emergency' and what is the difference? (if any)

Originally posted by justyc
just wondering, but does anybody know when the last time 'martial law' was used in america and under what circumstances?

is it a regular occurance following natural disasters of this sort or is this the first time it has declared, any other time just being called a 'state of emergency' and what is the difference? (if any)

The Territory of Hawaii
During World War II (1941 to 1944) what is now the State of Hawaii was held under martial law.

en.wikipedia.org...

Originally posted by SpittinCobra
The Territory of Hawaii
During World War II (1941 to 1944) what is now the State of Hawaii was held under martial law.

en.wikipedia.org...

That was the last example of an entire state (or territory) being under martial law, but it has happened in natural disaster sites since then. It happened in the same area during Hurricane Camille in 1969.

[edit on 8/30/2005 by djohnsto77]

In 1934, California Governor Frank Merriam placed the docks of San Francisco under martial law, citing "riots and tumult" resulting from a dock worker's strike. The Governor threatened to place the entire city under martial law. The National Guard was called in to open the docks, and a city-wide institution of martial law was averted when goods began to flow. The guardsmen were empowered to make arrests and to then try detainees or turn them over to the civil courts.

Though not a state at the time, Hawaii was placed under martial law in 1941, following the Japanese attack on Pearl Harbor. Many of the residents of Hawaii were, and are, of Asian descent, and the loyalty of these people was called into question. After the war, the federal judge for the islands condemned the conduct of martial law, saying, "Gov. Poindexter declared lawfully martial law but the Army went beyond the governor and set up that which was lawful only in conquered enemy territory namely, military government which is not bound by the Constitution. And they ... threw the Constitution into the discard and set up a military dictatorship."

There have been many instances of the use of the military within the borders of the United States, such as during the Whiskey Rebellion and in the South during the civil rights crises, but these acts are not tantamount to a declaration of martial law. The distinction must be made as clear as that between martial law and military justice: deployment of troops does not necessarily mean that the civil courts cannot function, and that is one of the keys, as the Supreme Court noted, to martial law.

Source:www.usconstitution.net...

ahh, thank you for clearing that up. i was just wondering if happens when the need arose or if it was a 'first'