During the Civil War and the era known as Reconstruction

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There is no sunset clause to this EO. Jeb Bush, the son of former President Bush and the brother of current President Bush, has signed an EO that will keep Florida in a perpetual state of martial law until the EO has been revoked.


President Abraham Lincoln had declared a state of martial law. The authority President Lincoln gave himself at that time through executive order was not unlike the authority Governor Bush gave to himself September 11, 2001.

President Lincoln and his military government arrested phone number list and tried civilians in both military and civilian courts (which were operating under similar if not identical rules). The writ of habeas corpus was suspended.

The flagrant abuses of unchecked authority during the Civil War era led to the passage of the Posse Comitatus Act. The Act was intended to prohibit the use of federal military forces in domestic law enforcement.

The Posse Comitatus Act was hotly debated during the infamous siege at Waco. Janet Reno's Department of Justice rationalized itself out of being subject to the act because of alleged drug violations by the Branch Davidians.