Anaya Nolan
Martial law is a legal concept that has been invoked throughout history, often during times of war, invasion, civil unrest, or natural disasters. It involves the temporary suspension of civilian government and legal processes, with military authorities assuming control and enforcing their own laws. While the declaration of martial law can provide order and control in chaotic situations, it also raises concerns about the potential abuse of power and the suspension of civil liberties. In the United States, the authority to declare martial law varies between the President, Congress, and state governors, with a history of declarations at both the federal and state levels. However, the legal basis for martial law remains ambiguous, and its implementation is subject to interpretation and debate.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | The US President, US Congress, state governors, and military commanders. |
| When can martial law be declared? | In times of war, rebellion, invasion, natural disaster, civil unrest, or other emergencies. |
| What happens during martial law? | Civilian government and legal processes are replaced by military rule, and civil liberties may be suspended. |
| How long can martial law last? | It can continue for a specified amount of time or indefinitely. |
| Where has martial law been declared? | In the US, martial law has been imposed at least 68 times, mostly in limited, local areas. It has also been declared in South Korea, Thailand, and Turkey. |
| Legal basis | The US Constitution and founding documents do not explicitly mention or provide for martial law. The legal justification is often based on the common-law doctrine of necessity. |
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What You'll Learn
Who can declare martial law in the US?
In the United States, martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws, and all existing laws, as well as civil authority and the ordinary administration of justice, are suspended.
On a national level, both the US President and the US Congress have the power, within certain constraints, to impose martial law. As the Commander-in-Chief, the President can call on the military to help local governments after a natural disaster or in cases of rebellion or invasion, under very limited and extreme circumstances. Congress can also pass laws that impact the President's ability to declare martial law, such as the Posse Comitatus Act, which prevents the military from participating in civilian law enforcement activities.
At the state level, nearly every state governor has the power to impose martial law within the borders of their state, and nearly every state has a constitutional provision authorizing the government to impose martial law. However, a formal proclamation is not necessary for martial law to be imposed.
Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. Notable examples include General Andrew Jackson's declaration of martial law in New Orleans in 1814 to defend against a British invasion, and Chicago Mayor Roswell B. Mason's declaration of martial law in 1871 following the Great Chicago Fire.
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Martial law and the suspension of habeas corpus
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. In the United States, martial law has been used in limited circumstances, such as 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.
The US President and Congress have the power to impose martial law, as they can be in charge of the militia. However, the President cannot suspend or violate constitutional rights by imposing martial law. The US Constitution protects the right to habeas corpus in Article I, Section 9, which states: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
Habeas corpus is the right of any person under arrest to appear in person before the court to ensure they have not been falsely accused. It is a broader concept that includes the supervision of law enforcement by the judiciary. The suspension of habeas corpus allows the government to detain and hold individuals without charge, but it does not imply any unusual role for the armed forces.
The suspension of habeas corpus is related to the imposition of martial law. For example, during the Civil War, President Lincoln suspended habeas corpus in Maryland in 1861 to try large numbers of civilian rioters in military courts and prevent the movement of Confederate troops on Washington. In 1863, Congress authorized Lincoln to impose martial law on Kentucky, Maryland, and Missouri, which included the suspension of habeas corpus. The Supreme Court later ruled that this imposition of martial law was unconstitutional in areas where local courts were still in session.
Individuals who have been detained by the military under martial law may petition for a writ of habeas corpus to be released. The Supreme Court has established that declarations of martial law are subject to judicial review, and a reviewing court can decide whether the declaration was constitutionally permissible.
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Martial law in the US: historical examples
In the United States, martial law refers to the placement of a region, state, city, or the entire nation under military control. While the US President and Congress can be in charge of the militia, the US President does not have the authority to unilaterally declare martial law. Congress might be able to authorize a presidential declaration of martial law, but this has not been conclusively decided. State officials, such as governors, mayors, and generals within states' National Guard forces, have the power to declare martial law within their borders, subject to review in federal court.
Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. Here are some examples:
The American Revolutionary Period
During the American Revolutionary Period, the British imposed martial law in Boston in 1774 in response to the Boston Tea Party. The British Parliament passed the Intolerable Acts, including the Massachusetts Government Act, which effectively placed Boston under martial law by closing its port and restricting town meetings.
Civil War
The United States made extensive use of martial law during the Civil War, imposing it on border states like Kentucky, Maryland, and Missouri, where US forces battled Confederate insurgents. On September 15, 1863, President Lincoln imposed Congressionally authorized martial law in these states, allowing him to suspend habeas corpus and civil rights throughout the nation.
Post-Civil War Reconstruction
Martial law was also imposed during the post-Civil War Reconstruction Era in the former Confederate States of America.
Great Chicago Fire (1871)
Following the Great Chicago Fire of 1871, Chicago Mayor Roswell B. Mason declared martial law and placed General Philip Sheridan in charge of the city. Federal troops were used to confiscate dynamite and destroy buildings in the path of fires to prevent their spread.
San Francisco Earthquake (1906)
After the 1906 earthquake in San Francisco, federal troops were pressed into martial law service, posted throughout the city to maintain order.
Omaha Race Riot (1919) and Lexington Riots (1920)
Martial law was declared during the Omaha Race Riot of 1919 and the Lexington Riots of 1920 to protect local leaders from mob violence.
Colorado Coalfield War (1914)
The Colorado Coalfield War, which had been ongoing for decades, climaxed in 1914 with the proclamation of martial law by the governor. This eventually resulted in the Ludlow Massacre, which was ended by President Wilson sending in federal troops.
Hawaii after Pearl Harbor (1941)
Hawaii was placed under martial law following the Japanese attack on Pearl Harbor in 1941, marking the beginning of World War II in Hawaii.
Civil Rights Movement (1963)
Martial law was declared during the Civil Rights Movement in response to the Cambridge riot of 1963.
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Martial law and civilian rule
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It can be declared in times of war, civil unrest, natural disasters, or military coups d'état. While it is often associated with the suspension of civil liberties and the imposition of measures like curfews and travel restrictions, martial law is still considered a largely elusive legal entity.
In the United States, the President and Congress have the power to impose martial law, as they can be in charge of the militia. However, the President lacks the unilateral authority to declare it, and Congress has not conclusively decided on this matter. State officials, including governors, have the power to declare martial law within their respective states, but their actions must abide by the US Constitution and are subject to federal court review.
Historically, martial law has been imposed at least 68 times in limited, typically local areas of the United States. Notable instances include the suppression of colonial resistance in Boston in 1774 by British authorities, the Civil War and its aftermath, the Battle of New Orleans, the Great Chicago Fire of 1871, the San Francisco earthquake of 1906, and various riots and labor disputes.
Martial law has also been implemented internationally, such as in South Korea, Thailand, Egypt, Israel, and various countries experiencing military coups d'état. The imposition of martial law often raises legal questions and is subject to interpretation, with some countries having explicit provisions for its declaration while others rely on doctrines of necessity to justify its implementation.
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Martial law and the US Constitution
Martial law in the United States refers to when a region, state, city, or the entire nation is placed under the control of a military body. The US President and Congress have the power to impose martial law, as they can be in charge of the militia. However, the President lacks the authority to unilaterally declare it. In nearly every state, the governor has the power to impose martial law within their state's borders.
The concept of martial law in the US is closely tied to the right of habeas corpus, which is the right to a hearing and trial for lawful imprisonment. Article 1, Section 9 of the US Constitution states:
> The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
The suspension of habeas corpus is related to the imposition of martial law. During the American Civil War, President Lincoln suspended habeas corpus in 1861 and imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri in 1863. The Supreme Court later ruled that Lincoln's imposition of martial law was unconstitutional in areas where local courts were still in session.
Martial law has been imposed at least 68 times in limited, usually local areas of the US. It has been declared twice for war or invasion, seven times for domestic war or insurrection, eleven times for riot or civil unrest, 29 times for labor dispute, four times for natural disaster, and fifteen times for other reasons.
While the US Constitution does not grant the President "conclusive and preclusive" authority over the domestic use of the military, it vests power in the legislative branch. Therefore, a unilateral declaration of martial law by the President would not survive a legal challenge. However, the President has ample authority to deploy troops to assist civilian law enforcement.
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Frequently asked questions
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers.
The US President and the US Congress have the power to impose martial law, but only Congress can authorize a presidential declaration of martial law. State governors can also declare martial law.
Martial law has been declared at least 68 times in limited, usually local areas of the United States. Notable examples include New Orleans during the Battle of New Orleans, after the Great Chicago Fire of 1871, and during the Civil Rights Movement.
Military leaders may create and enforce their own laws, and may detain people and take over local governments and their responsibilities. Standard civil liberties may be suspended for as long as martial law continues.
Martial law has never been declared nationwide in the United States. However, there have been instances where it has been declared in multiple states, such as during the Civil War and in response to the Japanese attack on Pearl Harbor.
