Keith Mack
Martial law is a legal term for when military authorities take control of civil governance and law enforcement. It is typically declared in response to national emergencies, violent civil unrest, or natural disasters. In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. While the US Constitution does not explicitly mention martial law, both the President and Congress have the power to impose it, and nearly every state's constitution authorises its government to impose it. However, the President's authority to declare martial law is disputed, and it is generally considered a last resort due to its potential for abuse as a political tool.
| Characteristics | Values |
|---|---|
| Frequency | Martial law has been imposed at least 68 times in limited, usually local areas of the United States |
| Reasons | War or invasion (2 times), domestic war or insurrection (7 times), riot or civil unrest (11 times), labour dispute (29 times), natural disaster (4 times), and other reasons (15 times) |
| Powers | Military authorities take control of civil governance and law enforcement, suspending certain civil liberties |
| Purpose | To create order and control the population to achieve a higher goal, especially when existing civilian government and law enforcement have ceased to function or become ineffective |
| Examples | Curfews, restricting public gatherings, making arrests, and trying detainees or turning them over to the courts |
| Declaration | The US President, US Congress, state governor, or state officials can declare martial law |
| Legal basis | The US Constitution does not mention martial law, nor has Congress passed a law specifying when it can be declared; however, nearly every state has a constitutional provision authorising the government to impose it |
| Limitations | Martial law is intended for times of extreme emergencies and should not be abused as a political tool to control the population |
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What You'll Learn
Martial law and the US Constitution
The US Constitution and founding documents do not mention martial law, nor has Congress passed a law specifying when martial law can be declared. However, the US President and Congress have the power to impose martial law, and in nearly every state, the governor has the power to impose martial law within the state's borders.
Martial law is a vague legal term for when military authorities take control of civil governance and law enforcement. It is intended to be reserved for times of extreme emergencies when existing civilian government and law enforcement have ceased to function or become ineffective. Ideally, it is used to maintain order when a high number of US citizens are in immediate danger.
The US Supreme Court has addressed martial law on only a handful of occasions, and the Court's reasoning in these decisions is inconsistent and vague. In 1946, the Court held that when civilian courts are in operation, the military cannot substitute military tribunals for civilians accused of non-war crimes.
There are few other Supreme Court cases discussing the extent of a president or general's powers during martial law. In one case, the Court stated that there is a permitted range of honest judgment as to the measures to be taken in meeting force with force, in suppressing violence, and restoring order.
While the president lacks the authority to declare martial law, Congress might be able to authorize a presidential declaration of martial law. State officials do have the power to declare martial law, but their actions under the declaration must abide by the US Constitution and are subject to review in federal court.
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Who can declare martial law?
In the United States, martial law has been imposed at least 68 times in limited, usually local areas. The US Constitution does not define martial law and is silent as to who can impose it. However, the modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances".
Some scholars believe the president has the executive power to declare martial law. Others believe the president needs congressional authorization to impose martial law in a civilian area. Therefore, Congress may be the only governmental branch that can legally declare martial law, and the president can only act according to its action.
On a national level, both the US President and the US Congress have the power, within certain constraints, to impose martial law since both can be in charge of the militia. In nearly every state, the governor has the power to impose martial law within the borders of the state.
In other countries, martial law has been declared by the King, the President, and the Sultan, who is also the Minister of Defense and Commander in Chief of the Armed Forces.
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Martial law in US history
In the history of the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. The US Constitution and founding documents do not mention martial law, and Congress has not passed a law specifying when it can be declared. However, both the US President and Congress have the power to impose martial law nationally, as they can be in charge of the militia. Martial law has been declared in the US in response to national emergencies, such as wars, invasions, insurrections, civil unrest, riots, labour disputes, and natural disasters.
During the American Revolutionary period, British authorities imposed martial law in Boston in 1774 in response to the Boston Tea Party. The Massachusetts Government Act, one of the Intolerable Acts passed by the British Parliament, effectively placed Boston under martial law by closing its port and restricting town meetings.
In 1863, during the Civil War, President Lincoln imposed Congressionally authorised martial law on Kentucky, Maryland, and Missouri, suspending habeas corpus and civil rights. This was the only time habeas corpus was suspended federally in US history. Lincoln's proclamation was challenged in Ex parte Milligan, and the Supreme Court ruled that the suspension of habeas corpus was unconstitutional in areas where local courts were still in session.
In 1871, Chicago Mayor Roswell B. Mason declared martial law after the Great Chicago Fire, placing General Philip Sheridan in charge of the city. Martial law was lifted within a few days after the fire was extinguished, with no widespread disturbances.
In 1906, federal troops were pressed into martial law service following the San Francisco earthquake. They were posted throughout the city, confiscating dynamite to prevent fires from spreading.
During World War II, Hawaii was under martial law after the Japanese attack on Pearl Harbor. The Supreme Court evaluated the legality of this declaration in Duncan v. Kahanamoku in 1946, holding that the safety of Hawaii's residents was the responsibility of the United States.
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Martial law and the Supreme Court
The United States Constitution and founding documents do not mention martial law, nor has Congress passed a law specifying when martial law can be declared. Martial law is a somewhat vague legal term for when military authorities take control of civil governance and law enforcement. During martial law, the executive or military leaders may suspend certain civil liberties. It is intended to be reserved for times of extreme emergencies when existing civilian government and law enforcement have ceased to function or become ineffective.
The Supreme Court has ruled that martial law is permissible but insists on certain limits on its use. Under martial law, military officials have the authority to take actions that suspend some or all civil liberties and would normally be unconstitutional. The Court's decisions indicate that military authority is not absolute and must align with constitutional principles, especially when civilian courts are operational. Furthermore, the application of martial law can differ significantly between federal and state jurisdictions, with individual states often having clearer guidelines for its implementation.
The Supreme Court has considered the constitutionality of martial law on a few occasions. During the Civil War (1861-1865), President Abraham Lincoln suspended the writ of habeas corpus and ordered the military to arrest and try civilians. Chief Justice Roger Brooke Taney, sitting as a circuit judge in Baltimore, Maryland, was subsequently presented with a claim by John Merryman that he was being held illegally by Lincoln's army. In Ex parte Merryman (1861), Taney concluded that Lincoln's suspension of the writ was illegal. Lincoln never formally responded to the charge, but he continued to issue orders suspending the writ.
In Ex parte Vallandigham (1864), the Supreme Court effectively upheld the military's decision to arrest and try Clement Vallandigham, who then applied to the Court for a writ of habeas corpus. The Court concluded that it did not have the authority to issue the writ to military authorities, thus leaving undisturbed the system of martial law Lincoln had imposed.
In 1946, the U.S. Supreme Court held that when civilian courts are in operation, the military cannot substitute military tribunals for civilians accused of non-war crimes. There are few other Supreme Court cases discussing the extent of a president or general's powers during martial law. In Duncan v. Kahanamoku, 327 U.S. 304 (1946), the Supreme Court held that although Hawaii was not yet a state, the legality of declaring martial law must be analyzed as though Hawaii was one. As a result, the United States determined that the safety of the residents of Hawaii was their responsibility, and martial law was implemented throughout the Hawaiian Islands.
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Martial law in other countries
Martial law has been declared in numerous countries throughout history, and while it is supposed to be a temporary state, it has often been exploited by governments to suppress political opposition or retain power. Here are some examples of martial law being imposed in different countries:
Philippines:
Ferdinand Marcos imposed martial law in the Philippines in September 1972, claiming it was necessary to address rising disorder due to violent student protests, communist insurgency, and a Muslim separatist movement. During this period, opposition politicians were arrested, and many Filipinos from various walks of life were arbitrarily detained, tortured, or executed. Marcos consolidated political and economic control, and despite some successes in reducing crime and suppressing insurgency, the country faced economic troubles, and Marcos lost support.
Poland:
Martial law was introduced in the Polish People's Republic in December 1981 by General Wojciech Jaruzelski to prevent the rise of extraparliamentary opposition. This resulted in thousands of arrests, including those linked to the Solidarity Movement. Curfews, censorship, food rationing, and a nationwide travel ban were imposed. The period saw approximately 91 deaths attributed to martial law, and it was eventually lifted in July 1983.
United States:
During the Civil War, Abraham Lincoln made extensive use of martial law, particularly in border states where local governments were unreliable or could not be trusted. He authorized the use of military tribunals instead of civilian courts to try suspected Confederate sympathizers. Martial law was also imposed in Hawaii during World War II, and the military assumed all civilian government roles, including criminal cases unrelated to military threats. The Supreme Court later ruled that this application of martial law was unconstitutional.
Thailand:
Thailand experienced periods of martial law following coups d'état in 2006 and 2014.
Egypt:
Egypt declared martial law in 2013 after a coup d'état. In the 1990s, Egypt also used vaguely worded press laws to censor publications and prosecute journalists.
Syria:
Syria had the longest-ranging period of active martial law from the 1963 coup d'état until 2011.
Russia and Ukraine:
Russia imposed martial law in four regions of Ukraine that it annexed in October 2022, raising questions about the interpretation of international law and the right of self-determination for Ukraine.
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Frequently asked questions
Martial law is a legal term for when military authorities take control of civil governance and law enforcement. During martial law, military leaders may suspend certain civil liberties and enforce curfews and restrictions on public gatherings.
In the United States, martial law may be declared by proclamation of the President or a State governor. Nearly every state has a constitutional provision authorizing the government to impose martial law. However, the President lacks the authority to declare martial law without congressional authorization.
Martial law is typically declared in response to national emergencies, violent civil unrest, or natural disasters. It is intended to be a last resort when existing civilian government and law enforcement have become ineffective.
During martial law, the military commander of an area or country has unlimited authority to make and enforce laws, including suspending existing laws and civil authority. Martial law may also involve the deployment of troops to assist in maintaining order and control.
