Anaya Nolan
Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. In the United States, martial law may be declared by the President, Congress, or a State governor, and nearly every state has a constitutional provision authorizing the government to impose it. While the President lacks the authority to declare martial law, Congress may be able to authorize a presidential declaration. State officials, including mayors, do have the power to declare martial law, but their actions must abide by the U.S. Constitution and are subject to review in federal court.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | The US President, US Congress, State governors, and mayors. |
| What is martial law? | The temporary substitution of military authority for civilian rule. |
| When can martial law be declared? | In times of war, rebellion, or natural disaster. |
| Where has martial law been declared? | Kentucky, Maryland, Missouri, New Orleans, Chicago, Jacksonville, Florida, Dayton, Ohio, and Utah. |
| What happens when martial law is in effect? | The military commander of an area or country has unlimited authority to make and enforce laws. |
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What You'll Learn
The US President cannot declare martial law
The concept of martial law is closely tied to the right of habeas corpus, which is the right to a hearing and trial on lawful imprisonment. Martial law involves the temporary substitution of military authority for civilian rule, and it is usually invoked in times of war, rebellion, or natural disaster. When martial law is in effect, the military commander of an area has virtually unlimited authority to make and enforce laws.
In the United States, 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. However, the Posse Comitatus Act, enacted by Congress in 1878, prevents the US military from participating in civilian law enforcement activities. This Act strengthens the separation of powers between Congress and the President. Additionally, 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.
While the President does have some power to impose martial law, it is limited and subject to review in federal court. State officials and governors have the power to declare martial law within their states, but their actions must abide by the US Constitution.
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State officials can declare martial law
In nearly every state, the governor has the power to impose martial law within the borders of the state. State constitutions allow the state governor or legislature to impose martial law. State officials have the power to declare martial law, but their actions must abide by the US Constitution and are 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. For example, in 1871, Chicago mayor Roswell B. Mason declared martial law after 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 1933, Georgia Governor Eugene Talmadge declared martial law at the state Highway Board building. In 1920, martial law was declared in West Virginia at the behest of Governor Cornwell to deal with striking miners.
While the President may not have the authority to declare martial law, they do have the authority to deploy troops to assist civilian law enforcement.
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Martial law suspends civil authority
Martial law involves the temporary substitution of military authority for civilian rule. It 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. Martial law is justified when civilian authority has ceased to function, is completely absent, or has become ineffective.
In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. 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 President and Congress have the power to impose martial law, the President cannot suspend civil authority or habeas corpus on their own authority. Congress might be able to authorize a presidential declaration of martial law, but this has not been conclusively decided. State officials, including mayors, do have the power to declare martial law within their state, but their actions must abide by the US Constitution and are subject to review in federal court.
Mayors who have declared martial law include Roswell B. Mason of Chicago in 1871 and Walter C. Jones of Jacksonville, Florida in 1901.
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Martial law has been declared at least 68 times in the US
Martial law has been declared at least 68 times in the history of the United States. This figure comes from the Brennan Center, which has identified 68 declarations of martial law. The use of martial law has been extensive in the US, especially during the Civil War, when it was imposed on border states like Missouri and Kentucky, where US forces clashed with Confederate insurgents. The Confederacy also relied heavily on martial law.
In the 90 years between the start of the Civil War and the end of World War II, martial law was declared at least 60 times. It has been used in a limited number of circumstances, such as in New Orleans during the Battle of New Orleans, after major disasters, like the Great Chicago Fire of 1871, and after the 1906 San Francisco earthquake. It has also been declared during riots, such as the Omaha race riot of 1919 and the Lexington riots of 1920.
Local leaders have declared martial law to protect themselves from mob violence, such as in Nauvoo, Illinois, during the Illinois Mormon War, and in Utah during the Utah War. It has also been declared in response to chaos associated with protests and rioting, such as the 1934 West Coast waterfront strike, in Hawaii after the attack on Pearl Harbor, and during the Civil Rights Movement in response to the Cambridge riot of 1963.
Martial law has also been declared during labor disputes, such as in West Virginia during the Coal Wars of 1920-1921, and in response to natural disasters, such as the Chicago Fire of 1871. In the case of the Chicago Fire, Mayor Roswell B. Mason declared martial law and placed General Philip Sheridan in charge of the city.
The US President and US Congress have the power to impose martial law, as they can be in charge of the militia. However, the president lacks the authority to declare it, and Congress has not conclusively decided on this matter. State officials and governors 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.
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Martial law has been imposed in limited, local areas
In the United States, martial law has been imposed in limited, local areas on several occasions. It involves the temporary substitution of military authority for civilian rule and is usually invoked during war, rebellion, or natural disaster. Notably, in 1871, Chicago mayor Roswell B. Mason declared martial law and appointed General Philip Sheridan to lead the city in the aftermath of the Great Chicago Fire. Similarly, in 1863, President Lincoln imposed martial law on Kentucky, Maryland, and Missouri during the Civil War.
In the 90 years between the Civil War and World War II, martial law was declared over 60 times in the US. For instance, 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. Governors have the power to impose martial law within their state borders, and nearly every state has a constitutional provision authorizing the government to do so. However, their actions must abide by the US Constitution and are subject to review in federal court.
Martial law has also been imposed during conflicts and occupations, where civil government is absent or unstable. For example, it was implemented in Germany, Japan, and the former Confederate States after World War II, and in northern France after the Franco-Prussian War. The British Empire frequently imposed martial law in its colonies, such as during the Arab Revolt in Palestine. In recent times, Ukraine declared martial law along its borders with Russia and Transnistria in 2018, and Israel imposed it over the West Bank, Gaza Strip, and parts of Syria and Egypt after the 2006 Lebanon War.
The US President and Congress also have the authority to impose martial law, although the President cannot suspend habeas corpus or civil rights without congressional authorization. In the US, martial law has been invoked in limited circumstances, such as after the 1906 San Francisco earthquake and during riots and civil rights movements. It is worth noting that the imposition of martial law is often accompanied by curfews and the suspension of civil rights and habeas corpus.
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Frequently asked questions
Yes, mayors can declare martial law. There is historical precedent for this, such as when Chicago mayor Roswell B. Mason declared martial law in the wake of the Great Chicago Fire in 1871.
Martial law involves the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster. When martial law is in effect, the military commander of an area assumes unlimited authority to make and enforce laws.
In the United States, martial law may be declared by the President, a State governor, or Congress. Nearly every state has a constitutional provision authorizing the government to impose martial law.
Martial law has been declared at least 68 times in the history of the United States. Notable instances include the Battle of New Orleans in 1814, the Great Chicago Fire of 1871, the San Francisco earthquake of 1906, the Omaha race riot of 1919, and the Civil Rights Movement in the 1960s.
