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The declaration of martial law in the United States, its historical instances, and the legal constraints imposed by Congress and the courts.
The legal and institutional barriers to a unilateral, nationwide martial law in the United States remain substantial: the Insurrection Act and related law limit a president’s capacity to federalize fo...
The Constitution contains no explicit clause authorizing a general presidential declaration of martial law, and constitutional structure, statutory law, and Supreme Court doctrine together impose mean...