Decl. of Rights, Art. XXVIII
Limits on martial law
Limit
Military & Militia
Declaration of Rights
Official text rightpowerlimitif conditionlegal term
No person can in any case be subject to law-martial, or to any penalties or pains, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature.
Note (Massachusetts Legislature): [See Amendments, Art. XLVIII, The Initiative, II, sec. 2.]
Simplified explanation
No person can be subject to law-martial, or to its penalties or pains, except those employed in the army or navy and the militia in actual service, unless by authority of the legislature.