Martial Law: Can Trump Declare It?

While the US Constitution does not explicitly grant the president the power to declare martial law, Donald Trump has repeatedly outlined plans to militarize law enforcement and increase the use of the military to enforce his policies. Trump's Truth Social posts indicate that he would use the military to arrest people experiencing homelessness, wage war on drug dealers, crack down on border crossings, and ramp up the use of the death penalty. In 2020, Trump deployed the National Guard against citizens protesting the murder of George Floyd, marking the first time a US President had used federal troops against civilians since 1992. While Trump does not have the explicit authority to declare martial law, his actions and statements suggest that he may attempt to use the military to enforce his agenda and consolidate power.

The US Constitution does not define martial law

Despite the lack of clarity, several presidents throughout history have imposed or approved declarations of martial law. For example, during the Whiskey Rebellion, President Lincoln suspended habeas corpus in 1861 to arrest one-third of the Maryland state assembly. In 1942, Hawaii was held under martial law during World War II, and in 1954, Alabama Governor Gordon Persons placed Russell County under martial law due to pervasive organized crime gangs.

The modern interpretation of the Constitution allows the president and state officials to declare "degrees of martial law in specific circumstances." Some scholars argue that the president has the executive power to declare martial law, while others believe congressional authorization is necessary. This ambiguity has led to concerns about potential presidential overreach and the infringement of civil liberties.

To address these concerns, Congress has been urged to pass legislation such as the Protecting Our Democracy Act to curb abuses of power and strengthen its ability to check executive branch overreach. Additionally, the Posse Comitatus Act of 1878 forbids US military involvement in domestic law enforcement without congressional approval, providing another layer of protection against the unchecked imposition of martial law.

In summary, while the US Constitution does not define martial law or explicitly grant the president the power to declare it, the modern interpretation and historical precedent have allowed presidents and state officials to impose varying degrees of martial law in specific circumstances. The debate over the president's authority in this regard continues, highlighting the need for clearer guidelines and legislative action to safeguard civil liberties.

Martial law has been declared over 60 times in US history

The US Constitution does not define martial law, nor does it specify who can declare it. However, the Supreme Court has held that states can declare it, and modern interpretation allows the president and state officials to declare "degrees of martial law" in specific circumstances. While the Constitution does not explicitly grant the president the power to declare martial law, several presidents throughout history have imposed or approved declarations of martial law.

Martial law has been declared over 60 times in the US, with nearly every state governor having the power to impose it within their state's borders. The reasons for declaring martial law include war or invasion, domestic war or insurrection, riot or civil unrest, labour dispute, natural disaster, and other reasons. The term "martial law" usually refers to instances when the military takes the place of the civilian government, and local laws, civil authority, and sometimes local judiciaries are suspended.

The history of martial law in the US includes:

• New Orleans during the Battle of New Orleans in 1814-1815
• Boston in 1774, in response to the Boston Tea Party
• Virginia in 1775, where Lord Dunmore, the royal governor, issued a proclamation declaring martial law
• The Illinois Mormon War in 1845, where Nauvoo was stripped of its charter for abuse of authority
• The Utah War in 1857, where tensions rose due to the influence of theodemocracy in Governor Brigham Young's government, and Utah's rejection of federal appointees and acceptance of polygamy
• The West Virginia Coal Wars (1920-1921), where martial law was declared at the behest of Governor Cornwell to deal with striking miners
• Oklahoma oil fields in 1931, where a nonviolent dispute between the state government and oil producers over production limits occurred
• The Great Chicago Fire of 1871
• The 1906 San Francisco earthquake
• The Omaha race riot of 1919
• The 1920 Lexington riots

While the president has the authority to deploy troops to assist civilian law enforcement, the exact scope of martial law remains unsettled, and the power to order domestic troop deployments short of martial law is broad.

Donald Trump's plans for militarisation of federal law enforcement

The Constitution of the United States does not define martial law and does not specify who can impose it. While the Supreme Court has held that states can declare martial law, it has never explicitly ruled that the president can. However, former President Donald Trump has expressed plans for the militarization of federal law enforcement, which has raised concerns about a potential overreach of presidential power.

In his posts on Truth Social, Trump outlined his intentions for a second term, which included increased militarization of federal law enforcement. He vowed to use law enforcement to arrest people experiencing homelessness, "wage war" on drug dealers, crack down on border crossings, and increase the use of the death penalty. Trump's plans would involve shifting "massive portions" of existing federal law enforcement agencies, such as the DEA, ATF, FBI, and Homeland Security investigators, towards his anti-immigration efforts. He also proposed moving thousands of troops to the border and using the military to inflict \"maximum damage\" on drug cartels.

Trump's first term in office saw a significant increase in the militarization of law enforcement. He deployed the National Guard against citizens protesting the murder of George Floyd in Washington, D.C., and sent federal troops to police protests in Portland, Oregon. This marked the first time a U.S. President had used federal troops against civilians since 1992. Trump also rescinded President Barack Obama's executive order limiting the distribution of military-grade weapons to law enforcement agencies, further contributing to the militarization of police forces.

Trump's plans for a second term indicate an even greater emphasis on militarization and a potential expansion of presidential power. He has suggested deploying between 100,000 to 300,000 troops to the border, which far exceeds the number of troops deployed by previous administrations. Additionally, Trump has expressed intentions to invoke the Insurrection Act, which grants the president broad powers to use the military as a domestic police force. This has raised concerns among civil liberties organizations, such as the ACLU, which has vowed to hold Trump accountable for any unlawful actions and infringements on civil rights.

To prevent potential abuses of power, Congress has been urged to enact stricter limits on presidential authority and to pass legislation such as the Protecting Our Democracy Act to strengthen its role as a check on executive branch overreach.

Trump's deployment of the National Guard against citizens in 2020

The US Constitution does not define martial law, nor does it specify who can declare it. While the Supreme Court has held that states can declare martial law, it has never explicitly ruled that the president can. However, several presidents throughout history have imposed or approved declarations of martial law.

In 2020, former President Donald Trump deployed the National Guard against citizens in Washington, D.C., who were protesting the murder of George Floyd. This was the first time a US President had used federal troops against civilians since 1992, when George H.W. Bush sent active-duty troops to Los Angeles following the Rodney King riots. Trump also sent officers from Customs and Border Protection and Immigration and Customs Enforcement to police protests in Portland, Oregon.

Trump's actions during his term were met with alarm, and he has outlined plans for further militarization of law enforcement in a potential second term. This includes deploying state and local police, multiple branches of the military, and federal law enforcement agents against people crossing the border, those experiencing homelessness, and drug dealers. Trump has also proposed moving troops away from their overseas posts to reinforce the border and ordering the Navy to impose a "full naval embargo" on cartels.

Trump's plans for a second term have raised concerns about the potential misuse of emergency powers and the expansion of presidential power. Congress has been urged to pass the Protecting Our Democracy Act to curb abuses of power and strengthen its ability to fulfill its constitutional role as a check on executive branch overreach.

While Trump has not explicitly declared martial law, his deployment of the National Guard and plans for further militarization of law enforcement have sparked debates about the limits of presidential power and the need for stricter guidelines to prevent the abuse of power.

Trump's supporters called for martial law to keep him in office

The Constitution of the United States does not define martial law or specify who can impose it. While the Supreme Court has held that states can declare martial law, it has never explicitly authorized the president to do so. However, several US presidents have imposed or approved declarations of martial law throughout history.

During his presidency, Donald Trump exhibited a pattern of militarizing law enforcement and considering the use of military force for domestic purposes. Trump's Truth Social posts revealed plans for his second term, including increased militarization of federal law enforcement to target homelessness, drug dealers, and border crossings, as well as an expanded use of the death penalty. Trump also proposed a war on drug cartels, suggesting the use of special forces, cyber warfare, and other covert actions to "inflict maximum damage."

Trump's administration also considered invoking the Insurrection Act of 1807, a federal law that allows the president to deploy the military and National Guard to address unrest or insurrection. This consideration further highlighted the potential use of military force for domestic purposes. Additionally, Trump had a history of misusing emergency powers, such as when he fabricated an emergency to secure funding for his border wall after being denied funds by Congress. This incident demonstrated his willingness to exploit emergency powers to achieve his objectives.

Frequently asked questions