Keith Mack
The concept of martial law is not well-defined in American law, but it generally refers to the military taking control of ordinary civilian government functions. While the US Constitution does not explicitly address martial law and emergency powers, the President and US Congress have the authority to impose it at the national level, and state governors can impose it within their states. Under martial law, constitutional rights such as freedom of assembly, speech, and due process may be suspended, and civilian courts can be replaced by military tribunals. However, the courts must remain open even during emergencies, and citizens can seek judicial review through the great writ of habeas corpus. While there have been rumours of martial law being declared in response to various crises, it has not been invoked at the national level since the Civil War. So, while the President may have the authority to declare martial law, it is unclear if it could be used to stop an impeachment, as there is no direct precedent for such an action.
| Characteristics | Values |
|---|---|
| Who can impose martial law | The US President, US Congress, and in nearly every state, the governor |
| Instances of martial law in history | At least 68 times, mostly at a local level. Between 1857 and 1945, it was declared 70 times |
| Rights affected | Freedom of assembly, speech, and due process |
| Martial law and impeachment | Martial law does not stop impeachment proceedings. The courts would have the last word, and citizens can secure judicial review by means of the "great writ" of habeas corpus |
| Powers of the President | The President can deploy troops without a state's request in cases of civil unrest or unlawful obstruction |
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What You'll Learn
Who can declare martial law?
There is no clear answer to who can declare martial law. The U.S. 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 that the President has the executive power to declare martial law. However, others believe that the President needs congressional authorization to impose martial law in a civilian area. This suggests that Congress may be the only governmental branch that can legally declare martial law, and the President can only act according to its authorization.
The Supreme Court has also implied that the federal government can declare martial law, but it has never explicitly stated this. In the 19th century, the Court suggested that a federal martial law power was “implied in sovereignty” or justified by “necessity”. The Supreme Court has also approved the state's declaration of martial law, stating that states have an inherent right to declare martial law to defend themselves and promote public safety.
Martial law has been declared over 60 times by federal and state governments in American history, including during World War II and the Civil Rights movement. 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, civil authorities, and the ordinary administration of justice are suspended.
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What happens when martial law is declared?
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 at either the state or federal level, and there is usually a defined scope, which is typically geographical. Under martial law, constitutional rights such as freedom of assembly, speech, and due process may be suspended, and civilian courts can be replaced by military tribunals. Curfews and checkpoints are also often implemented.
Martial law is most often declared in times of war, civil unrest, emergencies, or natural disasters. It has been declared nine times since World War II, and in five instances, it was used to counter resistance to federal desegregation decrees in the South. In the US, there is no explicit constitutional right to declare martial law, but scholars interpret the law to allow for its implementation in times of necessity. Similarly, in countries without explicit provisions permitting martial law, the legal justification for its implementation is often the common law doctrine of necessity.
Martial law has been declared at the state level in the US a handful of times since World War II, including in Maryland during the Cambridge riots in 1963, in New Orleans following Hurricane Katrina, and in Washington Territory in 1886 for 'anti-Chinese' riots in Seattle. It has not been invoked at the national level since the Civil War.
False claims have circulated on social media platforms, such as TikTok, that a US president would declare martial law on April 20, 2025, which sparked concerns and discussions among users. However, there was no credible evidence or reporting to support these claims.
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What is the Posse Comitatus Act?
The Posse Comitatus Act is a federal law in the United States that limits the power of the federal government in the use of federal military personnel to enforce domestic policies within the country. The Act prohibits the use of federal troops in civilian law enforcement unless expressly authorised by law. The Act was signed on June 18, 1878, by President Rutherford B. Hayes and has been updated several times since, with the most recent update in 2021.
The Posse Comitatus Act embodies an American tradition that views military interference in civilian affairs as a threat to democracy and personal liberty. The term "posse comitatus" refers to the authority of a county sheriff or law officer to conscript people to assist in maintaining peace. The Act prohibits the use of soldiers instead of civilians in a posse comitatus.
The Posse Comitatus Act specifically applies to the Army, Air Force, Navy, Marine Corps, and Space Force. However, the Coast Guard is not included in the Act, as it has explicit federal law enforcement authority in maritime law. Similarly, members of the National Guard are generally not covered by the Act unless they are called into federal service.
While the Posse Comitatus Act restricts the use of the military in domestic law enforcement, there are statutory exceptions, such as the Insurrection Act. Under this law, the President may deploy the military to suppress an insurrection, enforce federal law, or protect civil rights in a state, with or without the state government's consent.
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What is the Insurrection Act?
The Insurrection Act is a set of federal laws that grant the president the authority to deploy US military or National Guard forces domestically in response to rebellions, civil unrest, or obstruction of federal law. The Act, which was first enacted in 1792, has been amended several times, with the most recent amendment occurring in 2006.
Under the Insurrection Act, the president can deploy troops under three sections, each designed for a different set of situations. Section 251, for example, allows the president to send in troops if a state requests federal aid to suppress an insurrection. This is the oldest part of the law and the one that has been most often invoked. The second part of Section 253 permits the president to deploy troops to suppress "any insurrection, domestic violence, unlawful combination, or conspiracy" in a state that is obstructing the execution of federal laws.
The Insurrection Act has been invoked several times throughout history, including in 1957 when President Dwight D. Eisenhower sent federal soldiers to enforce desegregation at Central High School in Little Rock, Arkansas, and in 1992 when President George H.W. Bush directed the use of federal troops to help California's governor contain riots related to the Rodney King case.
In recent years, there have been concerns about the vague language of the Insurrection Act and the potential for abuse of power. In 2020, Senator Richard Blumenthal introduced the CIVIL Act to restrict presidential authorities outlined in the Insurrection Act and require consultation with Congress before invoking it.
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Can martial law be declared during peacetime?
Martial law is a temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. It can also be declared in cases of major natural disasters, coups d'état, to suppress political opposition, or to stabilize insurrections or perceived insurrections. In the United States, martial law may be declared by proclamation of the President or a State governor, but a formal proclamation is not necessary. Although the U.S. Constitution does not make a specific provision for the imposition of martial law, nearly every state has a constitutional provision authorizing the government to impose it.
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 the United States, martial law has been used in a limited number of circumstances, such as New Orleans during the Battle of New Orleans, after major disasters, such as the Great Chicago Fire of 1871, or during riots, such as the Omaha race riot of 1919.
Martial law has been imposed at least 68 times in limited, usually local areas of the United States. It was 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.
Martial law has been declared at the state level a handful of times since World War II, including during World War II itself and the Civil Rights movement. It has also been imposed during conflicts and in cases of occupations, where the absence of any other civil government provides for an unstable population.
In conclusion, while there is no explicit constitutional right to declare martial law in the United States, it can be declared during peacetime in response to civil unrest, natural disasters, or other extraordinary circumstances that require military intervention.
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Frequently asked questions
It is unclear whether declaring martial law could stop an impeachment. The US Constitution does not mention anything about martial law and emergency powers. The President of the United States does have the power to impose martial law, but it is generally done upon the request and with the cooperation of states.
Martial law refers to times when a region, state, city, or country is placed under the control of a military body. Under martial law, constitutional rights such as freedom of assembly, speech, and due process may be suspended, and civilian courts can be replaced by military tribunals.
Yes, martial law has been imposed at least 68 times in limited, usually local areas of the United States. It was last declared in 1966 in California to suppress unrest in the Hunters Point neighborhood of San Francisco.
