Is Martial Law Coming To Baltimore?

The city of Baltimore is burning while police are losing control of the situation. A state of emergency has been declared and 5,000 National Guard troops have been activated to restore the peace. With a large military presence in Baltimore, questions of martial law are beginning to be asked. General Linda Singh, the commander of the Maryland National Guard, made a statement to try and stop the questions about martial law.

“We are in a supporting mode, so if there are any questions about martial law, this is not martial law. Martial law means that at that point the military fully takes over, so we have not reached that point. I repeat not reached that point. We are in support of the police department, and are taking our direction from the police department as to where we are going to go out to support them.”

Any time a large military force is in an American city, it is usually due to some sort of disaster or emergency. Many people do not understand what martial law really means. Some assume that just having the military in a city then that is martial law. They could not be more wrong.

Real martial law is when the military is the one enforcing civilian laws. Civil liberties can be suspended as seen fit during real martial law, and this also applies to the writ of habeas corpus.

What is happening in Baltimore is not martial law. The military is there not to enforce the laws, but only as support to the police of Baltimore. The curfew that was set by the Baltimore police is being enforced by the police. A curfew in place does not mean martial law has been declared.

The reason that Baltimore needs the National Guard is due to needing more manpower to suppress the civilian unrest. The ratio of police to civilians in Baltimore is 46 police officers for every 10 thousand civilians. Baltimore simply needs more bodies to help enforce the law and protect citizens and property. They still have the ability to enforce the law and, therefore, do not for martial law to be imposed by the military.

Recently, in Ferguson, Missouri, we heard the same cries of martial law once the National Guard showed up there to help restore the peace. As we know now, no declaration of martial law was ever put in place.

Martial law will not happen in Baltimore unless the police force becomes completely incapable of enforcing the law. Then, and only then, would martial law ever be imposed during this crisis.

[Image via Getty Images]