Keith Mack
Martial law in the United States refers to when the military temporarily assumes authority in place of civilian authority. While the US Constitution does not define martial law, its imposition has been justified by the government's right and duty to maintain public order and peace. Throughout history, martial law has been imposed at least 68 times at the federal or state level, with the last meaningful use being in the 1960s during a period of racial and civil unrest. While the US President and Congress have the power to impose martial law, there are legal ambiguities and limitations to their authority. The Posse Comitatus Act, for example, prevents the US military from participating in civilian law enforcement activities. The Insurrection Act of 1807, on the other hand, allows the President to deploy military forces to suppress rebellions and assist local law enforcement. The Supreme Court has also ruled that Presidents have total immunity for actions conducted while carrying out their Article 2 duties, which includes the authority to enforce the law.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | The US President, US Congress, and state governors. |
| How many times has martial law been declared in US history? | 68 times |
| What are the reasons for declaring martial law? | War or invasion, domestic war or insurrection, riot or civil unrest, labor dispute, natural disaster, and other reasons. |
| What is the legal basis for martial law? | The US Constitution does not define martial law, but Articles I and II give the President and Congress some control over the military. The Posse Comitatus Act and the Insurrection Act also impact the President's ability to declare martial law. |
| Are there any limitations to martial law? | Yes, there are historical limits on when and for how long a President can maintain a declaration of martial law. Martial law cannot be used to try civilians in military tribunals as long as civilian courts are functional. |
| Has martial law ever been declared in recent times? | No, the last meaningful time martial law was frequently used was in the 1960s during a period of racial and civil unrest. |
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What You'll Learn
Who can declare martial law in the US?
The US President and the US Congress have the power to impose martial law in the United States. This is because both branches have some control over the country's military forces and can be in charge of the militia. However, there are limitations to this power. For example, the Posse Comitatus Act of 1878 prevents the US military from participating in civilian law enforcement activities. The Insurrection Act of 1807 allows the President to deploy the military to address rebellions and support local law enforcement in dealing with domestic violence.
On a state level, nearly every state governor has the power to impose martial law within their state's borders. This authority is derived from state constitutions, which typically include provisions authorising the imposition of martial law.
Historically, martial law has been declared at least 68 times in limited, local areas of the US. Notable instances include the following:
- Twice for war or invasion, such as in 1814 during the War of 1812 when General Andrew Jackson, who later became President, declared martial law in New Orleans to defend against a British invasion.
- Seven times for domestic war or insurrection, such as in 1892 in Coeur d'Alene, Idaho, where the governor declared martial law in response to violent striking mineworkers.
- Eleven times for riot or civil unrest, such as in Omaha in 1919 and Lexington in 1920.
- 29 times for labour disputes, such as the Colorado Coalfield War in 1914.
- Four times for natural disasters, such as after the Great Chicago Fire of 1871 and the 1906 San Francisco earthquake.
- Fifteen times for other reasons, such as during the Civil Rights Movement in response to riots.
While the President has imposed martial law in the past, the Supreme Court has never explicitly confirmed their unilateral authority to do so. The Court has suggested that a federal martial law power may be "implied in sovereignty" or justified by "necessity," but it has not provided a conclusive legal basis for martial law.
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Martial law in US history
In the United States, martial law refers to the placement of a region, state, city, or the entire nation under the control of a military body. Both the US President and the US Congress can impose martial law nationally, as they are in charge of the militia. Within nearly every state, the governor also has the power to impose martial law within the state's borders.
Martial law has been declared at least 68 times in US history, with 29 of those instances being related to labour disputes. Notably, martial law has been imposed at the federal level only once, in 1863 during the Civil War. The US Supreme Court has never conclusively explained the legal basis for martial law, and it remains a poorly understood concept.
- In 1774, the British Parliament passed the Intolerable Acts in response to the Boston Tea Party, with the Massachusetts Government Act effectively placing Boston under martial law.
- In September 1863, President Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri, suspending habeas corpus and civil rights.
- In 1871, Chicago mayor Roswell B. Mason declared martial law in response to the Great Chicago Fire.
- 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 1914, the imposition of martial law climaxed during the Colorado Coalfield War, resulting in the Ludlow Massacre.
- In 1919, local leaders declared martial law in Omaha, Nebraska, during the Omaha race riot.
- In 1932, Oklahoma Governor William "Alfalfa Bill" Murray declared martial law during a nonviolent dispute between the state government and oil producers over oil production limits.
- In 1934, martial law was declared during the West Coast waterfront strike.
- In 1963, martial law was declared during the Civil Rights Movement in response to the Cambridge riot.
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The Insurrection Act
In the United States, the power to impose martial law rests with the US President and the US Congress, as well as the governor in nearly every state. The imposition of martial law has been limited to specific circumstances and has been invoked at least 68 times, primarily in local areas. The Insurrection Act, originally enacted in 1792, grants the President the authority to deploy the military domestically and use it against Americans under certain conditions.
While the Insurrection Act grants the President the authority to deploy the military domestically, it is intended for extraordinary crises and situations where local governments are unable to maintain peace. It should not be used as a routine tool to suppress dissent or infringe upon civil liberties. The Act has been invoked in the past to address specific crises, but it is important to consider the potential consequences and ensure that its usage is justified and proportional.
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The Posse Comitatus Act
In the United States, the power to impose martial law rests with both the US President and the US Congress, as well as the governor in nearly every state. While the power exists, it is rarely used and is not well defined.
The Act originally applied only to the US Army, but amendments have expanded its scope to include the Air Force, Navy, Marine Corps, and Space Force. The Coast Guard is explicitly excluded from the Act as it has federal law enforcement authority, particularly in maritime law. The National Guard is also generally not covered by the Posse Comitatus Act, as they usually report to state governors and can participate in law enforcement if it aligns with state law. However, when the National Guard is federalised, they become subject to the Act.
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Martial law vs. state of emergency
Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. It is often declared when civilian authority has ceased to function, is completely absent, or has become ineffective. During martial law, the military commander of an area or country has unlimited authority to make and enforce laws, and all existing laws, civil authority, and the ordinary administration of justice are suspended. Martial law may be declared in cases of major natural disasters, conflicts, or occupations, where the absence of any other civil government provides for an unstable population. Examples of this form of military rule include post-World War II reconstruction in Germany and Japan.
On the other hand, a state of emergency is a different legal construct that gives military courts the power to try civilians and allows the government to detain anyone deemed to be threatening state security. Curfews and restricted movement are often imposed during a state of emergency, and law and order become the priority. While rights may be curtailed during a state of emergency, they are typically not entirely suspended as they are under martial law.
In the United States, the President lacks the authority to declare martial law, although Congress has given the President considerable authority to use troops domestically to assist in civilian law enforcement activities. The Insurrection Act, for example, allows the President to deploy troops to help civilian authorities suppress violence and restore order. While this may not raise the same concerns as a declaration of martial law, there is still worry when the President uses the military as a domestic police force, particularly without the consent of the state.
While the US Constitution makes no specific provision for the imposition of martial law, nearly every state has a constitutional provision authorizing the government to impose it. Martial law has been declared nine times since World War II in the US, and in five instances, it was designed to counter resistance to federal desegregation decrees in the South.
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Frequently asked questions
Yes, martial law has been declared in the US at least 68 times. However, there is no clear constitutional mechanism for a president to declare martial law.
Both the US President and the US Congress have the power to impose martial law. In nearly every state, the governor also has the power to impose martial law within the borders of the state.
Martial law has been declared in the US for various reasons, including war or invasion, domestic war or insurrection, riot or civil unrest, labor dispute, and natural disaster. Notable examples include the Battle of New Orleans during the War of 1812, after the Great Chicago Fire of 1871, and in Hawaii after the Japanese attack on Pearl Harbor.
