ABSTRACT

The term "martial law" is used to describe two different but related events. The most common application refers to the displacement of civilian rule in a country by its own military authorities. Martial law also has been used to describe the military government of another nation's territories occupied by a victorious invader as the result of military conflict. U.S. history provides examples of both types of martial law and the conflicts that arise between the imposition of martial law and the preservation of civil liberties. Conflict arises from the differences between military procedures designed to maximize operational effectiveness and security in an area, on the one hand, and constitutional guarantees of due process designed to minimize government intrusion into civilian life, on the other.