War - Executive Military Power, Status And Rights Of Citizens, Enemy Intercourse, Requisition Of Private Property - Martial Rule

Article I, Section 8, Clause 11 of the U.S. Constitution gives Congress alone the power to declare war. In addition, Congress is given sole authority by the Constitution "To raise and support armies" and "To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions." The U.S. Constitution also spells out the military powers of the president of the United States: he or she serves as commander in chief of the U.S. armed forces. Throughout U.S. history, however, there have been conflicts between the two branches (legislative and executive) over who has the greatest military power. And, often, regardless of Constitutional right, the EXECUTIVE BRANCH holds forth.

Martial Rule

Martial rule exists when military authorities exercise varying degrees of control over civilians in territory where, due to war or public commotion, the civil government is not able to maintain order and enforce the law.