ITS history

In 1842, after efforts to reform this system had been rebuffed for years, a large group of Rhode Islanders led by Thomas Dorr organ­ized its own consti­tu­tional conven­tion, adop­ted a new consti­tu­tion, held elec­tions, and declared itself the true govern­ment of Rhode Island.

Congress enacted the refund bill in Febru­ary 1844, symbol­ic­ally endors­ing Jack­son’s three-month-long impos­i­tion of martial law in New Orleans almost 30 years after it had ended. foot­note13_crjym3o 19 Act of Febru­ary 16, 1844, ch.

Borden, 48 United States 1 (1849). The preced­ents are also old: the most recent one — in which the Court over­turned Harry White’s convic­tion — was decided almost 75 years ago.

The 1792 act and parts of the 1871 act contained sunset provi­sions, and are no longer in force, but their text and legis­lat­ive history remain instruct­ive.

Far more often, however, they have used martial law to break labor strikes on behalf of busi­ness interests. For example, in Septem­ber 1903, at the request of mine owners, Color­ado Governor James Peabody declared martial law in Cripple Creek and Tellur­ide to break a peace­ful strike by the West­ern Feder­a­tion of Miners.

Gener­als have declared it more often than the pres­id­ent, such as in 1920, when United States Army Gen.

American Nurses Association. (1926). A suggested code.

In 1931, Texas Governor Ross Ster­ling engaged in a stan­doff with the federal courts over his govern­ment’s abil­ity to enforce a regu­la­tion limit­ing oil produc­tion by private well oper­at­ors.

In 1933, for example, Geor­gia Governor Eugene Talmadge declared martial law “in and around” the headquar­ters build­ing of the state High­way Board as part of a scheme to force out some of the board’s commis­sion­ers, whom he had no legal power to remove.

American Nurses Association. (1940). A tentative code.

Most recently, the federal govern­ment declared martial law in Hawaii after the Japan­ese attack on Pearl Harbor in 1941, which initi­ated three years of abso­lute milit­ary rule in the islands. foot­note29_mgdfqno 35 Scheiber and Scheiber, Bayon­ets in Para­dise.

On August 20, 1942, milit­ary police in Honolulu, Hawaii, arres­ted a man named Harry White.

As abruptly as it took hold in the mid-19th century, martial law disap­peared from Amer­ican life after World War II. The federal govern­ment has not declared martial law since it restored civil­ian rule to Hawaii in 1944.

Kahanamoku, decided in 1946 — pred­ates many signi­fic­ant devel­op­ments in United States consti­tu­tional law. foot­note5_ldhh14n 41 Young­stown Sheet & Tube Co. v.

Decided in 1952, Young­stown held that Pres­id­ent Harry Truman could not seize United States steel mills to prevent a labor dispute from disrupt­ing the nation’s supply of steel in wartime.

American Nurses Association. (1960). The code for professional nurses.

The 1968 revision of the Code included several significant changes (ANA, 1968). First, prior to this revision, the provisions were simply listed with little, if any, interpretation.

American Nurses Association. (1976). Code for nurses.

Fowler, M. (1985). The evolution of the code for nurses.

Fowler, M. (1992). Evolution of the code.

Miles, M.B. & Huberman, A. M. (1994). Qualitative data analysis: An expanded sourcebook (2nd ed.). Thousand Oaks, CA: Sage.

Chambliss, D. F. (1996). Beyond caring: Hospitals, nurses, and the social organization of ethics.

The summary report of this analysis included recommendations to revise the 2001 Code (ANA, 2001) for the following reasons:

Patton, M. Q. (2002). Qualitative research and evaluation methods (3rd ed.). Thousand Oaks, CA: Sage.

The following fictional case, adapted from White and Zibelman (2005) illustrates a bedside nurse’s dilemma that has both clinical, patient-level aspects and organizational aspects.

Ulrich, C., O’Donnell, P, Taylor, C., Farrar, A., Danis, M. & Grady, C. (2007). Ethical climate, ethics stress, and the job satisfaction of nurses and social workers in the United States.

Bush, 553 United States 723 (2008); and War Powers Resol­u­tion, 50 United StatesC. §§ 1541–48.

Pauly, B., Varcoe, C., Storch, J. & Newton, L. (2009). Registered nurses’ perceptions of moral distress and ethical climate.

In a study of the ethical issues encountered by nurses, Ulrich et al. (2010) found that more than 60% of nurses identified patient’s rights, autonomy, and informed consent as frequent or daily problems.

Nurses acted in several ways to address these problems, such as communicating and speaking up, advocating and collaborating, being present and empathetic, and being informed (Pavlish et al., 2011).

Mills, A.E. (2014). Ethics and the healthcare organization.

Fowler, M (2015). Guide to the Code of Ethics for Nurses: Development, Interpretation and Application (2nd ed). Silver Spring, MD: ANA.