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ニューオーリンズに戒厳令（予測的中だが疑問が出ている）
http://civilliberty.about.com/b/a/198081.htm
Martial Law in New Orleans
Civil Liberties Blog
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From Andrew Somers,Your Guide to Civil Liberties.FREE Newsletter. Sign Up Now!
August 30, 2005
Martial Law in New Orleans
It has been widely reported that state officials have declared martial law in New Orleans, as the emergency there worsens. However, I recently confirmed with the Governor's office of the State of Louisiana that Governor Kathleen Blanco has not declared martial law.
It would appear that local officials have misused the term, though I have not been able to find the source of the statement. This quickly filtered through the media. (It is more likely that local officials declared a curfew, which gives police probable cause to stop anyone for any reason.)
Just what is martial law, and what are the implications to civil liberties?
Martial law means a military authority has taken control of the normal administration of justice. Martial law may be used in times of emergency, when the traditional infrastructure (police, fire, etc.) are incapable of meeting the demands of the crisis.
Martial law is also used by totalitarian regimes on a more permanent basis for the enforcement of their rule. It is this form of martial law, where military tribunals replace civilian courts, that the civil libertarian is most concerned with.
The extent that martial law is imposed varies from nation to nation. In the United States, the 1866 Supreme Court ruling in Ex Parte Milligan limited martial law. This ruling bars the use of military tribunals on civilians, and that habeas corpus may only be temporarily suspended if civilian courts are forced closed. And even then, citizens may only be held without charges, and not tried.
Anytime we come under martial law, it is a concern - for one thing, military personnel are trained more for battle and not for law enforcement, and as such the potential for abuse or poor judgment is very real. (Thoughts of Kent State come to mind).
In the present example of the situation in New Orleans, it appears that the emergency warrants a temporary, limited martial law. With that said, I extend best wishes to all in the region that they get through this storm alright.
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