Ex parte Milligan, 71 U.S. 2 (1866): Martial law is unconstitutional in any area of the United States where the regular court system is able to function. In other words, the regular system of law applies unless and until that becomes impossible for all practical purposes.
Yep.
Martial law is limited to areas with actual military conflict, not to whole regions or states.
Sending federal troops to help locals is not martial law.
It’s not working in the blue states
Ex parte Milligan, 71 U.S. 2 (1866): Martial law is unconstitutional in any area of the United States where the regular court system is able to function. In other words, the regular system of law applies unless and until that becomes impossible for all practical purposes.
Dershowitz’s article is a reasonable discussion of the great gray area. There is support for martial law being a thing, but it is vague and not very deep support - with a bias against it.