Madge Waggy
Congress has never defined martial law. The Constitution omits the phrase, the statute books carry no section under that heading, and two centuries of litigation have produced descriptions of what the condition is not while leaving what it is almost entirely unsettled. What the case law does supply is a test, and the test has been geographic and temporal from the beginning: martial law belongs to the theatre of actual war, it operates while the courts are shut and their process obstructed, and it lifts once the shooting stops and the judges return.