Does the Constitution tell us which branch of government has the right to declare martial law?
Yes, the legislative branch has the right. Currently, there are ‘White House radicals,’ particularly in the Office of Legal Counsel to the President, advocating the position that the Constitution can be interpreted to support almost unlimited executive power. However, even they must acknowledge that the above-quoted sections (Sections 8 and 9) appear in Article I of the Constitution, which is the article that allocates specific powers to the legislature! Indisputably, this means that Congress can suspend our right to habeas corpus. One looks in vain for any similar authority for the president. Article II, which lays out the prerogatives of the executive branch, is silent on these matters. 7. Q: Has martial law ever been declared in the U.S.? A: Yes. President Lincoln declared it during the Civil War. but this was overruled by the Supreme Court, after the war ended, in the case of Ex Parte Mulligan (1866). Mr. Mulligan was a civilian in Indiana who was allegedly aiding the enemy, i.e.,
