Martial Law: Can A Single State Take Control?

The concept of martial law is complex and varies across different countries. In the United States, the power to declare martial law is a contentious issue, with no federal statute explicitly authorizing the president to do so. However, the US Constitution and state laws grant state governors and legislatures the authority to impose martial law within their respective states, and it has been invoked by states more frequently than by the federal government. The Supreme Court has also upheld the right of states to declare martial law, but it has never specifically ruled that the president can. The interpretation of martial law is further complicated by its lack of a precise definition, with the term being used to describe various degrees of military involvement in civilian governance during emergencies, insurrections, or natural disasters.

Who can declare martial law?

The power to declare martial law varies across different countries and even states. In the United States, the president does not have the explicit constitutional right to declare martial law. The US Constitution does not define martial law and does not specify who can declare it. However, several presidents and many state governors have imposed or approved declarations of martial law throughout American history. The Supreme Court has never specifically ruled that the president can declare martial law, but it has held that states can. Additionally, Congress may be the only governmental branch that can legally declare martial law, and the president can only act according to its actions.

In nearly every state, the governor has the power to impose martial law within the borders of the state. State constitutions allow the state governor or legislature to impose martial law. The US is not alone in this; the Indian constitution also does not mention any grants of power to declare martial law, but it gives Parliament the power to indemnify persons in respect of acts done in territories where martial law was in force.

In the case of the territorial governors of Guam and the US Virgin Islands, two federal statutes (48 U.S.C. §§ 1422, 1591) authorize them to declare martial law under certain circumstances. In the United Kingdom, British authorities imposed martial law in Boston in 1774 in response to the Boston Tea Party. They passed the Intolerable Acts, one of which effectively placed Boston under martial law by closing its port and restricting town meetings.

In Canada, the War Measures Act was a Parliament statute that allowed the government to assume emergency powers, stopping short of martial law, as the military did not administer justice. In Brunei, the Sultan of Brunei is the head of state and also the Minister of Defense and Commander-in-Chief of the Royal Brunei Armed Forces. Brunei has been under martial law since a rebellion in 1962, which was put down by British troops from Singapore.

In Switzerland, there are no provisions for martial law, but under the Army Law of 1995, the Army can be called upon by cantonal (state) authorities for assistance in the case of natural disasters or special protection requirements. This assistance generally requires parliamentary authorization and takes place under the civilian leadership of the cantonal authorities.

What is martial law?

Martial law is a legal concept that has been interpreted differently across history. It is generally understood as the use of the military for law enforcement, where the military steps in to assume governance of an area. This can occur in stages and does not always involve a total military takeover. In the United States, martial law has been declared at least 68 times, mostly by state and local officials.

The US Constitution does not define martial law and does not specify who can declare it. While the President of the United States does not have explicit constitutional authority to declare martial law, there is a modern interpretation that allows the president to declare "degrees of martial law in specific circumstances." The power to declare martial law may lie with Congress, as it is the only governmental branch with clear legal authority to do so. The US Supreme Court has never explicitly ruled that the President or federal government can declare martial law, but it has held that individual states have the power to do so if authorized by their state constitution or laws.

State governors have the power to impose martial law within their state borders in nearly every state. Governors have imposed or approved declarations of martial law throughout US history. The imposition of martial law is often tied to the suspension of habeas corpus, the right to a hearing and trial for lawful imprisonment, and the supervision of law enforcement by the judiciary.

Martial law has been declared in various countries, including Brunei, Bangladesh, Canada, Syria, and South Korea. The laws and interpretations surrounding martial law vary across different nations, and there is no universal definition of the term.

What happens during martial law?

Martial law is a "dramatic departure from normal practice". It is a state of emergency where the government assumes governance of an area, and the military takes the place of the civilian government, exercising jurisdiction over civilians. This can occur in stages, without ever getting to a total military takeover.

During martial law, strict curfews and travel restrictions are imposed on residents. The military commander has virtually unlimited authority to govern an area, suspending all local laws, civil authority, and sometimes local judiciaries. They implement temporary laws and military tribunals.

In the United States, martial law has been imposed at least 68 times, mostly by state and local officials. It has been used in a limited number of circumstances, such as after major disasters, like the Great Chicago Fire of 1871, or during riots, like the Omaha race riot of 1919. It has also been used to protect local leaders from mob violence, as in Nauvoo, Illinois, during the Illinois Mormon War.

The US Constitution does not define martial law, and it does not specify who can declare it. The Supreme Court has held that states can declare it, but it has never specifically ruled that the president or federal government can.

Instances of martial law in the US

Martial law has been declared at least 60 times in the US, with one source stating 68. It has been used in a limited number of circumstances, such as in New Orleans during the Battle of New Orleans, after natural disasters like the Great Chicago Fire of 1871, and the 1906 San Francisco earthquake. It has also been declared during riots, such as the Omaha race riot of 1919, and the 1920 Lexington riots.

In the US, the power to impose martial law rests with the US President and the US Congress, as well as state governors within their state borders. However, it is important to note that the President's authority to declare martial law is not explicitly stated in federal statutes. The Supreme Court has also not provided a clear indication on the matter.

Mormon War in Illinois, 1843:

Mormon leader and founder Joseph Smith declared martial law in Nauvoo, Illinois, after being accused of abusing his authority as mayor and attempting to murder a former governor of Missouri. Smith was charged with causing a riot, which led to neighboring cities raising a militia to capture him.

Hawaiian Islands, 1941:

After the Japanese attack on Pearl Harbor in December 1941, the Hawaiian Islands were placed under martial law. This resulted in the internment of Hawaiians of Japanese descent, with 1,441 people forced off their land and into camps.

New Orleans, Early 1800s:

Brevet Maj. Gen. Andrew Jackson declared martial law in New Orleans and the surrounding areas during the Battle of New Orleans. Jackson turned the city into a police state, arresting and imprisoning anyone who challenged his authority, including a sitting Louisiana senator and several federal judges.

Boston, 1774:

In response to the Boston Tea Party, the British Parliament passed the Intolerable Acts, which included the Massachusetts Government Act. This act effectively placed Boston under martial law by closing its port and restricting town meetings.

Chicago, 1871:

Martial law was declared in Chicago after the Great Fire of 1871, which caused significant damage and destruction to the city.

Martial law in other countries

Martial law has been declared in several countries throughout history, and it is often described as a largely elusive legal entity. While some countries have explicit provisions permitting the use of martial law, many do not. For instance, the Icelandic constitution provides no mechanism for the declaration of martial law or a state of emergency. Similarly, Switzerland has no provisions for martial law.

Countries that have experienced martial law include Thailand, which witnessed it in 2006 and 2014 following a coup d'état, and Egypt, which underwent martial law in 2013 for similar reasons. China imposed martial law during the Tiananmen Square protests in 1989 to curb popular protests. Martial law was also declared in Poland in 1981 to suppress political opposition.

Martial law has been employed in Syria as well, with the longest-ranging period of active martial law lasting from the 1963 Syrian coup d'état until 2011. During this time, the prime minister of Syria was granted extraordinary powers through a declaration of a state of emergency. Brunei has been under martial law since a rebellion in 1962, which was put down by British troops from Singapore. Bangladesh has experienced martial law multiple times, including in the late 1970s after the assassination of Mujib and again in the early 1980s.

In South Korea, President Yoon Suk Yeol declared a state of emergency martial law in December 2024 to address threats from North Korea and eliminate anti-state elements. However, this martial law was short-lived, as it was lifted by the National Assembly and the president within a few hours.

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