Martial rule can never exist when the courts are open.
…military operations, where war really prevails.
..to be exercised in time of invasion or insurrection within the limits of the US, or during rebellion within the limits of states maintaining adhesion to the National Government, when the public danger requires its exercise.
(USARLC)
{13 DET}
{150 DET}
{154 DET}
.AR 190-8