It served as the breeding ground for the modern structure of security and intelligence, and for the postwar balance of power that formed the framework for the Cold War. Weapons, materiel, and actual combat, though vital to the Allies' victory over the Axis, did not alone win the war. To a great extent, victory was forged in the work of British and American intelligence services, who ultimately overcame their foes' efforts.
Martial law is an extreme and rare measure used to control society during war or periods of civil unrest or chaos. According to the Supreme Court, the term martial law carries no precise meaning Duncan v.
However, most declarations of martial law have some common features. Generally, the institution of martial law contemplates some use of military force.
To a varying extent, depending on the martial law order, government military personnel have the authority to make and enforce civil and criminal laws. Certain civil liberties may be suspended, such as the right to be free from unreasonable searches and seizures, freedom of association, and freedom of movement.
And the writ of habeas corpus may be suspended this writ allows persons who are unlawfully imprisoned to gain freedom through a court proceeding.
In the United Statesmartial law has been instituted on the national level only once, during the Civil Warand on a regional level only once, during world war ii.
Otherwise, it has been limited to the states. Uprisings, political protests, labor strikes, and riots have, at various times, caused several state governors to declare some measure of martial law. Martial law on the national level may be declared by Congress or the president.
Under Article I, Section 8, Clause 15, of the Constitution, Congress has the power "[t]o provide for calling forth the Militia to execute the Laws of the Union, suppress insurrections and repel Invasions.
However, the Supreme Court has interpreted both to allow the declaration of martial law by the president or Congress. On the state level, a governor may declare martial law within her or his own state.
The power to do so usually is granted in the state constitution. Congress has never declared martial law. However, at the outset of the Civil Warin JulyCongress ratified most of the martial law measures declared by President abraham lincoln.
Its martial law declaration gave the Union military forces the authority to arrest persons and conduct trials. However, Congress initially refused to ratify Lincoln's suspension of the writ of habeas corpus.
This refusal created friction between Congress and the president and raised the question of whether unilateral suspension of the writ under martial law was within the president's power.
After Congress approved Lincoln's suspension of the writ inUnion forces were authorized to arrest and detain Confederate soldiers and sympathizers, but only until they could be tried by a court of law. The martial law declared by Lincoln during the Civil War spawned another legal challenge, this one to the military courts: Lamdin Milligan, a civilian resident of Indiana, was arrested on October 5,by the Union military forces.
Milligan was charged with five offenses: Milligan was tried, found guilty, and sentenced to prison by a military court.
Although the habeas corpus petition had been suspended, the Supreme Court accepted Milligan's petition for a writ of habeas corpus. The Supreme Court held that neither the president nor Congress could give federal military forces the power to try a civilian who lived in a state that had federal courts.
Milligan firmly established the right of the U. Supreme Court to review the propriety of martial law declarations. The next large-scale martial law declaration took place 80 years later. Poindexter, of Hawaii, declared martial law on the Hawaiian Islands.
The governor also suspended the writ of habeas corpus. The commanding general of the Hawaiian military assumed the position of military governor. All courts were closed by order of the military governor, and the military was authorized to arrest, try, and convict persons. Under Poindexter's martial law order, approved by the president, the military courts were given the power to decide cases without following the rules of evidence of the courts of law, and were not limited by sentencing laws in determining penalties.
Later that month he declared that all alien Japanese, Germans, and Italians, and all persons of Japanese descent, on the Pacific Coast were to remain inside their home between 8: These martial law measures were challenged by criminal defendants shortly after they were put in force.
In Duncan the Court ordered the release of two prisoners who had been tried and convicted of embezzlement and assault by military courts.In , Governor Warren signed a bill that expanded the Alien Land Law by denying the Japanese the opportunity to farm as they had before World War II.
In , he followed up by signing two bills that facilitated the seizure of land owned by American descendants of the Japanese. The United States Marines in the Occupation of Japan by Henry I. Shaw, Jr.
The war was over, but the victory was not yet secure. Foremost among the multitude of new and pressing problems confronting Allied planners was the question of how the Japanese military would react to the sudden peace.
More than , Japanese Americans were ordered to leave their homes and move to internment camps. Which of the following best describes what World War II internees faced when they returned home? Property damage and discrimination.
A brief history of life before World War II California passed the Alien Land Law which prohibited "aliens ineligible to citizenship" (i.e.
all Asian immigrants- including Japanese) from owning land or property, though it permitted three year leases. In , Governor Warren signed a bill that expanded the Alien Land Law by denying the Japanese the opportunity to farm as they had before World War II.
In , he followed up by signing two bills that facilitated the seizure of land owned by American descendants of the Japanese. For two decades, after the Russo-Japanese War many Americans believed that a United States war with Japan was inevitable. The image of the yellow peril was mirrored for Americans by the writings of various authors, newspaper editors, columnists, and movies in which Orientals were portrayed as sinister villains engaged in activities of vengeance and treachery.