Cecily Zamora
In 2016, several sources claimed that former US President Barack Obama stated in an interview with the Washington Post that Americans would be better off under martial law. However, Snopes and FactCheck.org refuted these claims, clarifying that Obama did not give an interview to the Washington Post in which he made such comments. While Obama has been accused of taking steps towards increasing government control, such as issuing numerous executive orders and deploying troops to assist civilian law enforcement, there is no evidence that he ever declared or attempted to declare martial law in the United States. In fact, legal scholars argue that the US President lacks the authority to declare martial law unilaterally, and any such declaration would be subject to review in federal court.
| Characteristics | Values |
|---|---|
| Can Obama declare martial law? | No, the president lacks the authority to declare martial law. |
| Obama's stance on martial law | Obama stated that "Americans would be better living under martial law" and that "Americans have had their chance to aspire to be better, to rise to the occasion, but time and again they fail." However, the Washington Post downplayed the statement, suggesting it was made in jest. |
| Obama's executive orders | Obama's executive orders, such as the National Defense Resources Preparedness order, were claimed by some to amount to martial law. However, these claims were false and retracted, as the orders were simply updates to existing directives. |
| Martial law implications | Martial law gives the military jurisdiction over the population of a particular area, suspending rights and allowing for the arrest and trial of individuals. |
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What You'll Learn
Obama's alleged support for martial law
In 2016, several sources claimed that former US President Barack Obama stated that "Americans would be better living under martial law" during an interview with the Washington Post. While the Washington Post, a long-time supporter of Obama, downplayed the statement as a joke, the comment sparked outrage among patriotic Americans and government watchdog groups.
In the same year, Texas Congresswoman Kay Granger claimed in a newsletter that Obama's "National Defense Resources Preparedness" executive order amounted to martial law, adding that it was "unprecedented" and "above the law". However, she later retracted her statement, acknowledging that it was incorrect. Obama's executive order was, in fact, a minor update to a similar order issued by previous presidents.
In 2022, there were speculations about Obama declaring martial law in America, with some arguing that the seeds of martial law had already been sown through government expansion and the increasing militarization of the country. It was noted that Obama had been given full authority by the Supreme Court to enact martial law in 2014. However, it is important to clarify that, under current law, the President of the United States lacks the authority to declare martial law without congressional authorization.
While Obama has been criticized for his use of executive powers and signing numerous executive orders, these actions are within the President's scope and do not equate to declaring martial law. The notion that Obama supports or intended to implement martial law in the United States remains speculative and largely based on misinterpretations of his policies and statements.
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Obama's executive orders and martial law
In 2016, there were rumours that former US President Barack Obama had stated in an interview with the Washington Post that "Americans would be better living under martial law". However, this was proven to be false as Obama did not give an interview to the Washington Post where he made such comments. Nevertheless, the rumour sparked outrage among patriotic Americans and government watchdog groups, with some interpreting it as a sign of governmental overreach.
While Obama did not explicitly declare martial law, there were concerns about the use of his executive powers and the number of executive orders he issued. Some claimed that Obama was planning for the "total control and takeover of America via Martial Law", covering areas such as food, energy, transportation, work, banking, and health. There were also accusations that Obama was issuing executive orders to force Americans to submit to international regulations instead of following the US Constitution.
One specific example is Executive Order 13603, also known as the National Defense Resources Preparedness order, which Obama signed on March 16, 2012. This executive order was misinterpreted by some, including Texas Congresswoman Kay Granger, as creating martial law. They claimed that it provided the president with unprecedented powers, such as declaring martial law, seizing private property, and implementing rationing. However, fact-checking websites like Snopes.com clarified that this executive order was simply an update to similar orders issued by previous presidents and did not grant the president new powers to declare martial law.
It is important to note that executive orders are a standard tool used by US presidents to manage the operations within the federal government. They are issued to help officers and agencies of the executive branch and are based on interpretations of Article II of the US Constitution. While there were concerns about Obama's use of executive powers, it is important to separate fact from fiction and understand the true purpose and implications of executive orders.
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Martial law in the US
In the United States, martial law has been imposed at least 68 times, usually 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 labour dispute, four times for natural disaster, and fifteen times for other reasons.
The ability to suspend habeas corpus is related to the imposition of martial law. 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 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 on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary.
In 1878, Congress passed the Posse Comitatus Act, which forbids US military involvement in domestic law enforcement without congressional approval. This creates a general rule that it is unlawful for federal military forces to engage in civilian law enforcement activities without express authorisation by Congress.
The Insurrection Act, enacted in 1792 and last updated in 1874, allows the president to use the military to assist civilian authorities overwhelmed by an insurrection, rebellion, or civil unrest. However, the vague language of the Act grants the president a lot of discretion, creating a loophole in the Posse Comitatus Act.
There have been several instances of the use of the military within the US, but these are not considered declarations of martial law. For example, during the Whiskey Rebellion, President Lincoln suspended habeas corpus in 1861 to arrest one-third of the Maryland state assembly. In 1863, President Lincoln imposed Congressionally-authorised martial law on Kentucky, Maryland, and Missouri. The Supreme Court later ruled that this imposition of martial law was unconstitutional in areas where local courts were still in session.
In modern times, there have been no credible reports of plans to declare martial law. However, former President Donald Trump has been accused of attempting to invoke the Insurrection Act to declare martial law. In 2020, a fabricated tweet circulated claiming that Trump had declared martial law, sparking concerns about potential presidential power abuse. Trump has also considered invoking the Insurrection Act twice: once during the Black Lives Matter protests, and again after losing the 2020 election. Trump's plans for a second term included increased militarisation of federal law enforcement to target groups such as homeless people and drug dealers.
In 2016, President Obama was quoted as saying, "Americans would be better living under martial law". However, this statement was downplayed by the Washington Post, which suggested that Obama was joking with the reporter.
Executive Order 13603, signed by President Obama in 2012, was also claimed to "create martial law". However, this was simply an update to a similar order issued by President Bill Clinton in 1994, which itself had decades-old predecessors.
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The Insurrection Act and martial law
The Insurrection Act, enacted in 1792 and last updated in 1874, allows the president to deploy the military domestically and use it for civilian law enforcement. It grants the president the authority to use the military to assist civilian authorities overwhelmed by an insurrection, rebellion, or civil unrest. The Act has been invoked numerous times throughout American history for a variety of purposes. For example, Presidents George Washington and John Adams used it in response to early rebellions against federal authority, and President Abraham Lincoln invoked it at the start of the Civil War.
The Insurrection Act is often referred to as the "Insurrection Act of 1807," but it is actually an amalgamation of different statutes enacted by Congress between 1792 and 1871. Under normal circumstances, the Posse Comitatus Act forbids the US military, including federal armed forces and National Guard troops, from taking part in civilian law enforcement. This prohibition reflects the American tradition that views military interference in civilian government as a threat to liberty. Invoking the Insurrection Act temporarily suspends this rule and allows the president to deploy the military to assist civilian authorities with law enforcement.
The Insurrection Act has been criticised as being dangerously vague and in urgent need of reform. The vague and archaic language of the Act grants the president virtually limitless discretion, creating a loophole in the Posse Comitatus Act. In 2020, Senator Richard Blumenthal introduced the CIVIL Act (Curtailing Insurrection and Violations of Individuals' Liberties Act) to restrict presidential authorities outlined in the Insurrection Act. The legislation sought to require the President to consult with Congress before invoking the Act and restrict the President's activation of troops under the Act to fourteen days without explicit congressional authorization.
While former President Donald Trump has never directly declared martial law, he has been accused of attempting to invoke the Insurrection Act to do so. In 2020, Trump deployed the National Guard against citizens protesting the murder of George Floyd, marking the first time a US President had used federal troops against civilians since 1992. Trump's plans for a second term included increased militarization of federal law enforcement to target various groups, such as people experiencing homelessness and drug dealers.
In 2016, there was controversy over a statement attributed to President Obama, in which he allegedly said that "Americans would be better living under martial law". However, this statement was never actually made during an interview with the Washington Post, as was claimed, and appears to have been fabricated.
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The implications of martial law in the US
In 2016, there were rumours that Barack Obama had given an interview to the Washington Post, stating that "Americans would be better living under martial law". The Washington Post downplayed the statement, suggesting it was made in jest and that Obama had been joking around with the reporter. However, this sparked outrage among patriotic Americans and government watchdog groups, who viewed it as a threat to American freedom and civil liberties.
Martial law gives a president dictatorial powers, allowing the military to push aside civilian authorities and exercise jurisdiction over the population of a particular area. Laws are enforced by soldiers rather than local police, and rights are suspended. Historically, martial law has been implemented by governments on a temporary basis during periods of war, civil unrest, or chaos. In the United States, martial law has only been implemented once at the national level, by Abraham Lincoln at the start of the Civil War in 1861.
In 2012, Obama signed Executive Order 13603, which delegated authority and addressed national defence resource policies and programs. This order was misinterpreted by some, including Texas Congresswoman Kay Granger, as creating martial law. However, this was false, and Granger later retracted her statements. Obama's order was simply an update to long-existing directives that have been issued since the Truman administration.
Despite the rumours and misinterpretations, there are no confirmed reports of Obama ever directly declaring or attempting to declare martial law. Furthermore, under current law, the president of the United States lacks the authority to declare martial law. 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.
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Frequently asked questions
Yes, in an interview with the Washington Post, Obama stated that "Americans would be better living under martial law". The Washington Post downplayed the statement, suggesting it was made in jest.
Martial law refers to the military taking the place of the civilian government. It is usually declared in periods of war, civil unrest, or chaos. Under martial law, rights are suspended, and the military enforces laws rather than local police.
No, the president lacks the authority to declare martial law. State officials 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.
No, Obama has not declared martial law. There have been false claims that Obama's executive orders and National Defense Resources Preparedness order amounted to martial law, but these have been retracted.
