The National Guard has been activated. Is this martial law?
SUMMARY
At a White House briefing on Sunday, March 22, President Trump stated that the National Guard would be stepping up to assist three states that have been hit the hardest to date by the novel coronavirus: California, New York and Washington state.
President Trump explained that the Guard activation was to help effectively respond to the crisis. This certainly isn't unprecedented -- the National Guard is frequently used in emergency situations. But this definitely got people talking: Are we heading toward martial law? And what does that mean?
In a press release issued by the National Guard Bureau, a spokesperson said, "The National Guard is fully involved at the local, state and federal level in the planning and execution of the nation's response to COVID-19. In times of emergency, the National Guard Bureau serves as a federal coordinating agency should a state require assistance from the National Guard of another state."
Additionally the release explained, "At the national level, Guard members are training personnel on COVID-19 response, identifying and preparing National Guard facilities for use as isolation housing, and compiling state medical supply inventories. National Guard personnel will provide assistance to the states that include logistical support, disinfection/cleaning, activate/conduct transportation of medical personnel, call center support, and meal delivery."
New York Army National Guard Soldiers move a floor during the placement of tents at the New York-Presbyterian-Hudson Valley Hospital in Cortlandt Manor, N.Y., as medical facilities prepare for the response to the outbreak of COVID 19 patients March 20, 2020. The Soldiers are part of the statewide effort to deploy National Guard members in support of local authorities during the pandemic response. U.S. Army National Guard/Richard Goldenberg.
So that's what the National Guard does and is doing in this situation ... but what does "federalized" actually mean?
Under Title 32 of the U.S. Code, the National Guard can be federalized, meaning that the Guard still reports to the respective state's governor but the federal government picks up the associated costs. In his briefing, President Trump remarked that he had spoken with the governors of the three states that were impacted.
"We'll be following them and we hope they can do the job and I think they will. I spoke with all three of the governors today, just a little while ago and they're very happy with what we're going to be doing." Trump said. "This action will give them maximum flexibility to use the Guard against the virus without having to worry about cost or liability and freeing up state resources." He added, "The federal government has deployed hundreds of tons of supplies from our national stockpile to locations with the greatest need in order to assist in those areas."
See, that's nice. They're going to help build temporary hospitals and coordinate logistics and resources. They're not going to be driving tanks up and down the streets to make sure people stay in their homes.
Are they?
In a call with reporters Sunday night, Air Force Gen. Joseph L. Lengyel, Chief of the National Guard Bureau, said, "There is no truth to this rumor that people are conspiring, that governors are planning, that anyone is conspiring to use the National Guard, mobilized or not, Title 32 or state, to do military action to enforce shelter in place or quarantines." He did say that he expected more states would move to Title 32 as the need developed.
Military action enforcing shelter in place or quarantines would be considered martial law.
In dictionary terms, martial law is the suspension of civil authority and the imposition of military authority. The military is in control of the area; it can act as the police, the courts, even the legislature. Martial law is enacted when civilian law enforcement agencies are unable to maintain public order and safety.
Sounds reasonable and fine, right? Wellll, until you start really digging into what martial law can include, like a suspension of parts of the Constitution, namely the Bill of Rights. In previous uses of martial law, we've seen confiscation of firearms (remember Hurricane Katrina? The government seized firearms and supplies when deemed necessary and acceptable, which at the time, they stated was when citizens were resisting evacuation or when a firearm was found in an abandoned home). Other suspensions include due process (Habeas corpus), road closures and blockades, strict zoning regulations (quarantine anyone?) and even automatic search and seizures without warrants (who can forget the images of SWAT teams running through houses in Boston searching for the bombers after the marathon? Do you think they stopped to get a warrant before they went into each one? Spoiler alert: no.).
Martial law has happened in the United States before and someday, it very well may happen again.
But for now, the Guard is just doing what they do best: bringing some much-needed logistics support and maybe even a little hope.
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