![]() The Legal Information Institute at Cornell Law School has a good online primer on the constitutional limitations of martial law. But in practice, what does that look like? So that's how the governor gets the troops of the New York National Guard (of which he serves as commander-in-chief) mobilized and then declares martial rule or martial law in New York. ![]() Whenever any portion of the organized militia is employed pursuant to section six of this chapter, the governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving or any specified portion thereof, to be under martial rule. Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States army, navy or air force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.Īrticle I, Section 9 then takes those rules a step further: The governor shall have power, in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, to order into the active service of the state for such period, to such extent and in such manner as he may deem necessary all or any part of the organized militia. So what exactly is martial law, and what would it look like for New Yorkers?Īrticle I, Section 6, Paragraph 1 of the Military chapter of the Consolidated Laws of New York reads: Andrew Cuomo made about as clear as he could on Thursday that he has no plans to declare martial law (which sounds like "marshall law" when said out loud but is spelled "martial.") But, it's one of those things that sticks in the public consciousness as soon as someone says it, whether it's happening or not. All of these terms have been kicked around in the last few days to describe what might - or might not - happen in New York to keep people in their homes and prevent the spread of coronavirus. (b) Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to the date of this order, and any such nonjudicial punishment, restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed.Self-quarantine. (a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to the date of this order that was not punishable when done or omitted. These amendments shall take effect as of the date of this order, subject to the following: Parts II and IV of the Manual for Courts-Martial, United States, are amended as described in the Annex attached to and made a part of this order. 801-946a), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473 of April 13, 1984, as amended, it is hereby ordered as follows: Get Involved Show submenu for “Get Involved””īy the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C.The White House Show submenu for “The White House””.Office of the United States Trade Representative. ![]() Office of Science and Technology Policy.Executive Offices Show submenu for “Executive Offices””.Administration Show submenu for “Administration””.
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