Martial Law: Can Cities Take This Extreme Step?

Martial law is a complex and ambiguous 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 the control of a military body. While the US President and Congress have the power to impose martial law, it is primarily declared by state and local officials, who are bound by the US Constitution and federal laws. This raises questions about the scope of presidential power and the role of the military in domestic affairs, highlighting the need for clearer legislation. The declaration of martial law has been used in various countries and contexts, including historical events and modern-day emergencies, with varying degrees of success and controversy.

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 martial law. Congress might be able to authorize a presidential declaration of martial law, but this has not been conclusively decided. 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 South Korea, President Yoon Suk Yeol declared martial law, ordering his army to seize control. He faced impeachment following his short-lived declaration of martial law.

Martial law was imposed in the British Raj in the Defense of India Act, 1915 and the Defense of India Act, 1939. It was also declared in most of the Punjab during 1919 as a response to tensions caused by the Amritsar Massacre.

In Thailand, martial law derives statutory authority from the Act promulgated by King Vajiravudh following the abortive Palace Revolt of 1912. The Act has been amended several times, but it has remained essentially the same.

What happens when martial law is in effect?

When martial law is in effect, the normal American law enforcement and legal system are replaced by a stricter set of laws and punishments that are completely controlled by the military or executive branch of the government. The normal checks and balances built into the Constitution are suspended. The military administration's restrictions are enforced on the residents of the geographical areas under martial law. Most political and civil organization is prohibited.

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 major disasters like the Great Chicago Fire of 1871, or during riots, such as the Omaha race riot of 1919 or the 1920 Lexington riots. In nearly every state, the governor has the power to impose martial law within the borders of the state. Local leaders who declare martial law must ensure their actions abide by the U.S. Constitution and are subject to review in federal court.

In the past, martial law has been used to censor the press, enforce a curfew, and detain civilians without charge. For example, in 1814, General Andrew Jackson imposed martial law in New Orleans, censoring the press, enforcing a curfew, and detaining numerous civilians without charge. Similarly, during the British Raj, martial law was declared in the Defense of India Act, 1915 and the Defense of India Act, 1939, in response to tensions caused by the Amritsar Massacre.

In more recent times, martial law has been declared in specific regions, such as in the Province of Maguindanao in the Philippines in 2009, and throughout the main southern island of Mindanao in 2017. In 2006, martial law was declared in the north of Lebanon during the Lebanon-Israel war, granting the Israel Defense Forces the authority to issue instructions to civilians and impose curfews.

Martial law in US history

In the United States, martial law refers to instances in history where a region, state, city, or the entire country was placed under the control of a military body. While the US President and US Congress have the power to impose martial law, the president cannot declare it unilaterally. Congress might be able to authorize a presidential declaration of martial law, but this has not been conclusively decided. State officials, such as governors, do have the power to declare martial law within their states, and in nearly every state, the governor can impose martial law within state borders.

Martial law has been used in the US in a limited number of circumstances, such as during the Battle of New Orleans, after major disasters like the Great Chicago Fire of 1871, and during riots and civil unrest, like the Omaha race riot of 1919 and the 1963 Cambridge riot during the Civil Rights Movement. It has also been used to protect against mob violence, as in Nauvoo, Illinois, during the Illinois Mormon War, and in Utah during the Utah War.

In the 1930s, Oklahoma Governor William Murray declared martial law at least six times and possibly more than 30 times during his tenure. City mayors and generals within states' National Guard forces have also declared martial law on occasion. For example, in 1871, Chicago Mayor Roswell B. Mason declared martial law after the Great Chicago Fire, placing General Philip Sheridan in charge of the city. In 1903, Colorado Governor James Peabody declared martial law in Cripple Creek and Telluride to break a peaceful strike by the Western Federation of Miners. In 1842, the Rhode Island General Assembly declared martial law, the last state legislature to do so.

In US history, martial law has been declared at least 68 times. However, the exact scope of martial law remains unsettled due to sparse and confusing legal precedents.

Martial law in other countries

Martial law has been declared in several countries throughout history, and it is often described as a "legal entity". The implementation of martial law often arises from necessity rather than legal right, and while some countries have explicit provisions permitting its use, many do not. In the United States, for example, while the president lacks the authority to declare martial law, state officials do have this power, and in nearly every state, the governor can impose martial law within their state's borders.

In Thailand, martial law derives its authority from the Act promulgated by King Vajiravudh following the Palace Revolt of 1912. The Act has been amended several times, but its essence has remained the same. In 2004, the Prime Minister of Thailand declared martial law in three provinces to address the growing South Thailand insurgency. Two years later, the Royal Thai Armed Forces declared martial law following a bloodless coup in Bangkok while the Prime Minister was in New York.

In the Philippines, President Arroyo officially placed the Province of Maguindanao under martial law in 2009, and in 2017, President Rodrigo Duterte declared martial law on the main southern island of Mindanao due to attacks by the Maute Group.

During the British Raj, martial law was declared in the Defense of India Acts of 1915 and 1939, and in most of Punjab in 1919 following the Amritsar Massacre. In 1978, the Iranian government declared martial law in Tehran and several other cities in response to public demonstrations.

In 2006, during the Lebanon War, Defense Minister Amir Peretz declared martial law over the country's north, granting the Israel Defense Forces the authority to issue instructions to civilians and impose curfews.

The legality of martial law

The US Constitution's Article 1, Section 9 states that the writ of habeas corpus, the right to a hearing and trial on lawful imprisonment, cannot be suspended except in cases of rebellion or invasion. This right is closely tied to the imposition of martial law, and its suspension has been a factor in several instances of martial law throughout US history. However, the suspension of habeas corpus does not equate to a declaration of martial law.

At the federal level in the US, both the President and Congress have the power to impose martial law, but with certain constraints. While the President lacks the authority to act against Congress's wishes, Congress might be able to authorize a presidential declaration of martial law. This power has been used sparingly, with only two instances of martial law being declared for war or invasion. State officials, such as governors, also possess the power to declare martial law within their respective states, but their actions must abide by the US Constitution and are subject to review in federal court.

In other countries, the legality of martial law varies. Some nations, like Switzerland, have no provisions for martial law, while others, like Thailand and Egypt, have experienced martial law following coups d'état. The imposition of martial law often arises from necessity, and in the absence of explicit permission, the common law doctrine of necessity or similar legal theories may be invoked to justify it.

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