Keith Mack
Martial law is a complex and unsettled concept with no established definition. In the United States, it refers to times when a region, state, city, or the entire country is placed under military control. While the US President and Congress have the power to impose martial law, it is more commonly declared by state and local officials. The law surrounding martial law is vague and inconsistent, with sparse legal precedent, leading to questions about the exact scope and limits of its implementation. The authority of military commanders under martial law is virtually unlimited, but it cannot suspend or violate constitutional rights. The last time martial law was declared in the US was in 1963 by the Governor of Maryland, and it has not been declared by the federal government since 1944 in Hawaii.
| Characteristics | Values |
|---|---|
| Who can declare martial law in the US? | The US President and US Congress have the power to impose martial law, but only the Congress can authorize a presidential declaration. Nearly every state governor has the power to impose martial law within their state's borders. State officials can also declare martial law. |
| What does martial law involve? | Martial law involves the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster when civilian authority is ineffective or absent. |
| What are the limitations of martial law? | Martial law declarations are subject to judicial review. The military cannot suspend or violate constitutional rights, and individuals can petition for the writ of habeas corpus if detained. Martial law can only exist where civilian courts are closed. |
| When was martial law last declared in the US? | The federal government last declared martial law in 1944 in Hawaii. At the state level, it was last declared in 1963 in the city of Cambridge, Maryland. |
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What You'll Learn
Who can declare martial law?
In the United States, martial law may be declared by proclamation of the President or a State governor, but such a formal proclamation is not necessary. Although the U.S. Constitution makes no specific provision for the imposition of martial law, nearly every State has a constitutional provision authorizing the government to impose it. State officials do have the power to declare martial law, but their actions under the declaration must abide by the U.S. Constitution and are subject to review in federal court.
In the history of the United States, martial law has been declared by state governors, city mayors, and the U.S. President. For example, in 1871, Chicago mayor Roswell B. Mason declared a state of martial law and placed General Philip Sheridan in charge of the city in response to the Great Chicago Fire. In 1963, Maryland Governor J. Millard Tawes imposed martial law on the city of Cambridge for more than a year in response to clashes between racial justice advocates and segregationists. In 1814, General Andrew Jackson imposed martial law in New Orleans. In 1775, Lord Dunmore, the royal governor of Virginia, issued a proclamation declaring martial law.
Outside the United States, martial law has been declared by a country's president, military commander, prime minister, defense minister, and king. For example, in 2006, the Prime Minister of Thailand, Thaksin Shinawatra, declared a state of martial law in the provinces of Pattani, Yala, and Narathiwat in response to the growing South Thailand insurgency. In 2003, under the order of the president, the Indonesian Army Chief imposed martial law for a period of six months to eliminate Acehnese separatists. In 2009, President Arroyo officially placed the Province of Maguindanao in the Philippines under a state of martial law. In Lebanon, Defense Minister Amir Peretz declared martial law over the north of the country during the 2006 Lebanon War. In 1912, martial law in Thailand derived statutory authority from an Act promulgated by King Vajiravudh following the abortive Palace Revolt.
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What is martial law?
Martial law is a complex and confusing legal situation that is uncommon but not unprecedented. It is a method of keeping the peace that can be used for injustice or to help give structure to regions that are vulnerable. It is often declared in response to necessity rather than legal right. While some countries have provisions explicitly permitting the use of martial law, many do not. In the United States, for example, there is no explicit constitutional right to declare martial law, but scholars interpret the law to allow for its implementation in times of necessity.
In the US, martial law has been declared by state officials and governors, and by the US Congress and President, within certain constraints. However, the President cannot declare martial law alone and requires Congressional approval. In nearly every state, the governor has the power to impose martial law within the borders of the state. In the United States, martial law has been used in a limited number of circumstances, such as in New Orleans during the Battle of New Orleans, after the Great Chicago Fire of 1871, and during riots, such as the Omaha race riot of 1919.
Martial law has been declared in numerous countries around the world, including Thailand, Lebanon, Mauritius, Indonesia, the Philippines, Brunei, Bangladesh, China, Taiwan, Egypt, Azerbaijan, and South Korea. In these countries, martial law has been declared in response to military coups, civil unrest, rebellions, and wars. For example, in 2006, the Royal Thai Armed Forces declared martial law following a bloodless military coup in Bangkok, and in 2011, the Egyptian parliament handed control of the country to the Supreme Council of the Armed Forces.
The implications of martial law can be severe, with constitutional rights and civilian powers potentially being replaced by military tribunals and rule. However, it is important to note that constitutional rights are not abandoned under martial law, and military members are not allowed to conduct undercover operations or surveillance on citizens.
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Martial law in US history
In the United States, martial law has been declared at least 68 times. It refers to times when a region, state, city, or the entire country is placed under the control of a military body. While the US President and Congress have the power to impose martial law, it is usually declared by state governors or city mayors.
The history of martial law in the US dates back to the country's early years. In 1775, Lord Dunmore, the royal governor of Virginia, declared martial law, offering freedom to indentured servants and enslaved people who joined British forces against the rebelling colonists. The following year, after the British captured New York City, martial law was imposed to restore order and assert authority. During the War of 1812, General Andrew Jackson imposed martial law in New Orleans.
In the mid-19th century, martial law was declared in several instances, including by President Lincoln in Kentucky, Maryland, and Missouri during the Civil War. The Supreme Court later ruled that Lincoln's imposition of martial law by suspending habeas corpus was unconstitutional in areas with functioning local courts. In the latter half of the 19th century, martial law was declared during the Utah War, the Colorado Coalfield War, and in several states during labour strikes and disputes.
In the 20th century, martial law was imposed in response to natural disasters like the Great Chicago Fire of 1871 and the 1906 San Francisco earthquake. It was also used during riots and civil unrest, such as the Omaha race riot of 1919 and the Civil Rights Movement in the 1960s. The last time martial law was declared at the state level was in 1963 in Maryland, in response to clashes between racial justice advocates and segregationists.
While the federal government has not declared martial law since restoring civilian rule in Hawaii in 1944, the president retains the authority to deploy troops to assist civilian law enforcement, and the exact scope of martial law remains a subject of legal debate.
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Martial law in modern times
Martial law is the temporary replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It is often declared in times of war, civil unrest, natural disasters, or foreign invasions. While it is supposed to be temporary, it can continue indefinitely, and standard civil liberties may be suspended for as long as martial law is in place.
Martial law has been used by governments to enforce their rule over the public, suppress political opposition, or stabilize insurrections. For example, in 1981, martial law was used to suppress student protests in Tiananmen Square, Beijing, and in 1913, it was declared in Ludlow, Colorado, to quell striking miners, resulting in the Ludlow Massacre. In 1941, Hawaii was placed under martial law after the Japanese attack on Pearl Harbor, with the military controlling every aspect of life on the islands. Brunei has been under martial law since a rebellion in 1962, and Bangladesh has experienced martial law multiple times, including in the late 1970s and early 1980s.
In the United States, the president cannot declare martial law, but it has been declared nine times since World War II, often to counter resistance to federal decrees. During the American Civil War, Abraham Lincoln made extensive use of martial law, particularly in states with disloyal or untrustworthy local governments. More recently, martial law was declared in West Virginia during the Coal Wars of 1920-1921, with federal troops jailing striking miners without trial.
While martial law can be necessary in times of emergency, it is often exploited by governments to suppress civil liberties and hold onto power. As Stephen Vladeck, a law professor at Georgetown University, notes, martial law is "often a tool that strongmen use as a pretext" to infringe on the rights of citizens and overthrow democratic institutions.
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Martial law in other countries
Martial law has been declared in several countries outside of the United States. In 1915 and 1939, during the British Raj, martial law was effectively declared in the Defence of India Act. It was also declared in most of the Punjab region of British India in 1919, in response to tensions caused by the Amritsar Massacre. In Thailand, martial law has been declared several times, including in 2004 and 2006, in response to growing insurgencies and a bloodless military coup, respectively. In 2003, the Indonesian Army Chief imposed martial law for six months to eliminate Acehnese separatists. In the Philippines, martial law was declared in Maguindanao in 2009 and in Mindanao in 2017, in response to violent incidents. Lebanon declared martial law in 2006 during the Lebanon-Israel war. In 1968, Mauritius imposed a version of martial law during a period of civil unrest, which has never been repealed and is still used by the police force. In 1981, Poland imposed martial law to suppress political opposition, and in 1978, Iran imposed martial law in response to public demonstrations. Syria had the longest-running active martial law, lasting from 1963 to 2011.
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Frequently asked questions
Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster.
Yes, a city can declare martial law. In the United States, martial law has been declared at the state level and by local officials.
The US President does not have the authority to declare martial law. State governors have the power to impose martial law within their state borders.
When martial law is in effect, the military commander of an area has unlimited authority to make and enforce laws. Martial law suspends all existing laws, as well as civil authority and the ordinary administration of justice.
Yes, individuals can challenge a declaration of martial law by seeking injunctive relief in federal court. If detained, individuals can also petition for a writ of habeas corpus.
