The difference between the Insurrection Act and martial law
If President Donald Trump invokes the Insurrection Act, federal troops would also be authorized to enforce civilian laws on American soil. First passed in 1807, the Insurrection Act is often confused with martial law, but the two are very different.
Martial law is an undefined term that generally describes a situation where the military can become the government, according to the Brennan Center for Justice at New York University School of Law. Federal and state officials in the United States have declared martial law 68 times in the past. When the Hawaiian Islands were placed under martial law following the Japanese attack on Pearl Harbor, civilians were tried before military tribunals.
'The term 'martial law' is not found in the Constitution or defined in federal law, and the Insurrection Act is not a statutory equivalent,' said retired Maj. Gen. Charles Dunlap, former deputy judge advocate general of the Air Force. 'Essentially, the Insurrection Act gives the military the authority to act much like civilian police to enforce the law. It does not displace civilian authority as martial law would seem to do. Though states have declared martial law from time to time, the Brennan Center notes — correctly, in my opinion — that the Supreme Court has never explicitly held that the federal government has martial law authority.'
Here's hoping that clears up any confusion on the matter. As they say, knowing is half the battle. With that, here's your weekly rundown.
What's old is new again. Trump announced on Tuesday that seven Army bases that previously honored Confederates would go back to their old names, but just as was the case with Fort Bragg, North Carolina, and Fort Benning, Georgia, the posts will have new namesakes, including a Delta Force soldier. For example, A.P. Hill in Virginia is now named for three soldiers: Pvt. Bruce Anderson, 1st Sgt. Robert A. Pinn, and Lt. Col. Edward Hill.
Cancellation watch: Constellation-class frigates. The Navy's Constellation-class frigates, which are already three years behind schedule and overbudget, now face a new problem: They are nearly 867 tons overweight. The Army's M10 Booker also had a weight problem and was ultimately canceled.
Highest ranking transgender officer talks about separations. Space Force Col. Bree Fram, the U.S. military's most senior transgender officer, talked to Task & Purpose about how many details on the Defense Department's involuntary separation process for transgender troops remain vague. 'I want to stress that although this is labeled voluntarily, neither the 'voluntary' or 'involuntary' process is a choice, or what anyone wanted or would have done,' Fram told T&P's Nicholas Slayton.
Dhow captain in deadly SEAL mission found guilty. A Pakistani man who was serving as captain of a dhow — a small vessel — when two Navy SEALs died while trying to board it in January 2024 has been found guilty of charges for smuggling Iranian-made weapons to Houthi rebels in Yemen, according to the Justice Department. Muhammad Pahlawan, 49, was convicted of conspiring to provide material support and resources to terrorists, providing material support and resources to Iran's weapons of mass destruction program, and related offenses. He is scheduled to be sentenced on Sept. 22, and most of the offenses for which he has been convicted have a maximum penalty of 20 years in prison.
Happy early birthday to the U.S. Army! Saturday marks the Army's 250th birthday, and here's a list of all the equipment — some dating back to World War II — that will be part of the service's parade in Washington, D.C. This event will include 26 M1 Abrams tanks along with two M4 Sherman tanks. Just a quick note: We know that M2 Bradley Fighting Vehicles are not tanks, so there's no need to remind us.
Thank you for reading, and may your weekend be free of urgent emails, texts, and phone calls!
Jeff Schogol
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