Cameron Miranda
Martial law is a state of emergency in which civilian rule is replaced by military rule, and standard civil liberties are often suspended. It is typically declared in times of war, civil unrest, or natural disasters. While it has been imposed numerous times throughout history, the conditions under which it can be lifted are less clear. In the United States, the president does not have the explicit authority to declare martial law, and it is generally up to state officials or Congress to make such a declaration. However, once martial law is imposed, the military commander gains unlimited authority to make and enforce laws, and it can continue indefinitely.
| Characteristics | Values |
|---|---|
| Who can impose martial law? | In the US, the US President and the US Congress have the power to impose martial law. In nearly every state, the governor has the power to impose martial law within the borders of the state. |
| Who can lift martial law? | The same authority that imposed martial law can also lift it. |
| Instances of martial law being lifted | In Chicago, martial law was lifted within a few days after the Great Fire of 1871 was extinguished. In South Korea, martial law was imposed and lifted within six hours. In Poland, martial law was lifted after two years. In Taiwan, martial law was lifted after 38 years. |
| Reasons for imposing martial law | Martial law has been imposed in the US for war or invasion (twice), domestic war or insurrection (seven times), riot or civil unrest (eleven times), natural disaster (four times), and labor dispute (29 times). |
| Reasons for lifting martial law | Martial law is usually lifted when the reasons for its imposition no longer exist. For example, in Chicago, martial law was lifted after the fire was extinguished and there were no widespread disturbances. |
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What You'll Learn
Who can declare martial law?
In the United States, martial law, which involves the temporary substitution of military authority for civilian rule, can be declared by the President or a State governor, although a formal proclamation is not necessary. The US Constitution does not define martial law and does not specify 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, while others argue that the president needs congressional authorization to do so. The Supreme Court has never explicitly stated whether the president could unilaterally declare martial law or if Congress must first authorize it. However, the Court has suggested that Congress might be the only governmental branch with the authority to declare martial law.
State officials and governors do have the power to declare martial law within their states, but their actions must abide by the US Constitution and are subject to review in federal court. Throughout history, martial law has been declared over 60 times in the United States, often in response to war, invasion, insurrection, civil unrest, labor disputes, or natural disasters.
In other countries, the authority to declare martial law varies. For example, in the Philippines, President Marcos declared martial law in 1972, and in Bangladesh, martial law was declared by Chief Martial Law administrators in the 1970s and 1980s. In China, the President was authorized to declare martial law in times of emergency according to a 1911 constitution.
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Who can lift martial law?
The power to lift martial law is dependent on the country's legal framework. In the United States, for example, the president and state officials can declare "degrees of martial law in specific circumstances", but it is unclear whether the president can legally declare or lift it. The US Constitution does not define martial law and does not specify who can declare or lift it. However, several presidents and state governors have imposed or approved the lifting of martial law throughout American history.
In nearly every state, the governor has the power to impose and lift martial law within the borders of the state. State officials are bound by the US Constitution and valid federal laws, even under martial law. Individuals can challenge a state declaration of martial law by seeking injunctive relief in federal court, and if detained, they can petition for a writ of habeas corpus.
In South Korea, the National Assembly can lift martial law. In December 2024, President Yoon Suk Yeol declared martial law, which was then lifted by the National Assembly and the president.
In Switzerland, there are no provisions for martial law. The Army Law of 1995 allows cantonal (state) authorities to call upon the Army for assistance, which generally requires parliamentary authorization and takes place under the civilian leadership of cantonal authorities.
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What happens when martial law is in effect?
Martial law refers to the use of the military for law enforcement, and it is often declared in times of war, invasion, civil unrest, or natural disasters. It can be imposed at varying levels, from a complete military takeover to a more limited role where the military assists civilian law enforcement. When martial law is in effect, the normal civilian government and legal processes are replaced by military rule, and standard civil liberties may be suspended. Military personnel are given the power to enforce a stricter set of laws and punishments, and the normal checks and balances built into the Constitution are suspended.
The authority to impose martial law varies by country and legal system. In the United States, the president, Congress, or a local military commander may impose degrees of martial law under specific situations. State officials have the power to declare martial law, but their actions must abide by the Constitution and are subject to review in federal court. In practice, the president has ample authority to deploy troops to assist civilian law enforcement, but there is debate over the appropriateness of this action. The Supreme Court has ruled that "Our system of government is the antithesis of total military rule, and its founders are not likely to have contemplated complete military dominance within the limits of a territory made a part of this country."
Historically, martial law has been imposed in the United States during the Whiskey Rebellion, the Battle of New Orleans, the Great Chicago Fire of 1871, the San Francisco earthquake of 1906, and various riots and labour disputes. Outside of the US, notable examples include the Black War in Tasmania, the 2020 Nagorno-Karabakh war, and the 1949-1966 military administrative government over areas of Israel with large Arab populations.
When martial law is in effect, the military is granted sweeping powers to maintain order and security. This can include imposing curfews, censorship, food rationing, and travel restrictions. In some cases, it may result in the arbitrary arrest and detention of individuals, as well as the suspension of habeas corpus, the right to a hearing and trial on lawful imprisonment. The duration of martial law can vary, ranging from a few hours or days to several years, and it is often subject to legal challenges and backlash.
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What are the limits of martial law?
Martial law is the temporary substitution of civilian government by military rule and the suspension of civilian legal processes for military powers. It is often declared in times of war, rebellion, or natural disaster, or in instances of military coups d'état.
In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. 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. While the Supreme Court has held that states can declare martial law, it has never specifically held that the president can. According to legal scholars, Congress might be able to authorize a presidential declaration of martial law, but this has not been conclusively decided. State officials do have the power to declare martial law, but their actions must abide by the US Constitution and are subject to review in federal court.
Two federal laws impact the president's ability to declare martial law: the Posse Comitatus Act and the Insurrection Act. The Posse Comitatus Act, enacted in 1878, prevents the US military from participating in civilian law enforcement activities without congressional approval. The Insurrection Act of 1807 allows the president to deploy military forces to put down rebellions within the US and assist local law enforcement in dealing with domestic violence.
Martial law can continue for a specified amount of time or indefinitely, and standard civil liberties may be suspended for as long as martial law remains in place. In Poland, for example, martial law was imposed in 1981 and lasted for about two years. In South Korea, martial law was imposed and lifted within six hours.
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What are the historical examples of martial law being lifted?
Martial law has been declared in various countries throughout history, and it can be lifted in different ways depending on the context. Here are some examples of martial law being lifted:
- United States, Chicago, 1871: After the Great Chicago Fire of 1871, Chicago Mayor Roswell B. Mason declared martial law and placed General Philip Sheridan in charge of the city. Once the fire was extinguished and no widespread disturbances occurred, martial law was lifted within a few days.
- United States, New Orleans, 1814: During the War of 1812, General Andrew Jackson imposed martial law in New Orleans due to concerns about potential disloyalty and panic among the diverse populace. Jackson's rules remained in effect for several months after the war ended. However, when district and federal judges ruled against his actions, martial law was effectively lifted, and Jackson was rebuked for overstepping his authority.
- United States, Hawaii, 1941-1942: Following the Japanese attack on Pearl Harbor in December 1941, Hawaii was placed under martial law. This continued until at least August 20, 1942, when military police arrested a civilian stockbroker, Harry White, for embezzlement.
- Philippines, 1981: Under the Marcos regime, martial law was used to brutally suppress opposition. Tens of thousands of Filipinos from various walks of life were arbitrarily arrested, detained, and tortured. Finally, in 1981, martial law was lifted, and Marcos lost an election to the widow of Benigno Aquino Jr., a key opposition leader who had been executed under martial law.
- Poland, 1981-1983: In December 1981, General Wojciech Jaruzelski imposed martial law in the Polish People's Republic to prevent the extraparliamentary opposition from gaining power. This period saw arbitrary arrests, curfews, censorship, and food rationing. Martial law was eventually lifted on July 22, 1983.
- South Korea, 2024: On December 3, 2024, President Yoon Suk Yeol declared martial law to counter perceived threats from North Korea. However, just a day later, on December 4, the National Assembly voted unanimously to lift martial law, and it was formally revoked within a few hours.
- United States, Rhode Island, 1843: Rhode Island was under martial law until May 1843, when it adopted a new constitution, effectively terminating the state of martial law.
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Frequently asked questions
Yes, martial law can be lifted. For example, martial law in Chicago after the Great Chicago Fire of 1871 was lifted within a few days. Similarly, martial law imposed in South Korea in 2024 was lifted in about six hours.
In the United States, both the US President and the US Congress have the power to impose martial law. However, the power to impose martial law is not exclusive to the US President and Congress. In nearly every state, the governor has the power to impose martial law within the borders of the state.
Martial law is the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster. Martial law is justified when civilian authority has ceased to function, is completely absent, or has become ineffective.
The US President does not have explicit authority to impose martial law. However, several presidents throughout history have imposed or approved declarations of martial law. Some scholars believe the president has the executive power to declare martial law, while others believe the president needs congressional authorization.
Martial law has been imposed in several instances throughout history. Some notable examples include:
- Chicago after the Great Chicago Fire of 1871
- San Francisco after the 1906 earthquake
- Hawaii after Japan's attack on Pearl Harbor in 1941
- Poland in 1981 to prevent the extraparliamentary opposition from gaining popularity and political power
