cf. Ex parte Milligan, 1866
THE DOCTRINE OF NECESSITY
Martial law exists at the boundary between civilian governance and military necessity. It is the legal framework that activates when ordinary systems of order are insufficient — a controlled departure from peacetime jurisprudence into a domain where authority must move at the speed of crisis. The declaration suspends the ordinary, replaces it with the extraordinary, and demands from every citizen the same disciplined compliance that governs the ranks of those who enforce it.
Art. I
Declaration
The conditions under which civilian authority yields to military command. Triggered by insurrection, invasion, or the failure of civil institutions to maintain order.
Art. II
Jurisdiction
The territorial and temporal scope within which military authority supersedes civilian law. Boundaries drawn by geography, necessity, and the chain of command.
Art. III
Duration
Emergency powers are not permanent. Every declaration carries an implicit expiration — the moment necessity ends, so too must the extraordinary measures.
Review: habeas corpus provisions