Hey q are we getting close to this?

https://en.wikipedia.org/wiki/Ex_parte_Milligan

There are under the Constitution three kinds of military jurisdiction: …

while the third may be denominated MARTIAL LAW PROPER, and is called into action by Congress, or temporarily, when the action of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or invasion, or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures public safety and private rights.[12