Keith Mack
While the US Constitution does not define martial law or specify who can declare it, it is generally understood as a power that allows the military to take over the role of civilian government in an emergency. In the United States, the President does not have the authority to declare martial law. However, state officials and state governors have the power to declare martial law within their states, although their actions must abide by the US Constitution and are subject to review in federal court.
| Characteristics | Values |
|---|---|
| Can Obama declare martial law? | No, the president lacks the authority to declare martial law. |
| Who can declare martial law? | State officials, Congress, and the president acting according to Congress's actions. |
| What is martial law? | A vague legal term for when military authorities take control of civil governance and law enforcement. |
| What happens during martial law? | Military leaders may create and enforce their own laws, detain people, and take over local governments and their responsibilities. |
| When can martial law be declared? | In times of extreme emergencies when civilian governments and law enforcement have ceased to function or become ineffective. |
| Has martial law been declared in the US before? | Yes, it has been declared at least 60 times in the 90 years between the start of the Civil War and the end of World War II. |
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What You'll Learn
The US Constitution does not define martial law
The lack of a clear definition of martial law in the US Constitution and the absence of federal statutes regulating it have led to confusion and uncertainty. The Supreme Court has not provided a clear ruling on whether the federal government or the president has the unilateral authority to declare martial law. The Insurrection Act of 1807, a federal law, allows the president to deploy the military domestically to suppress insurrections, rebellions, or domestic violence. However, it does not authorize martial law, as it generally permits the military to assist civilian authorities rather than replace them.
State officials, including governors, have historically declared martial law, but their actions must abide by the US Constitution and are subject to review in federal court. For example, 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 another instance, Alabama Governor Gordon Persons placed Russell County under martial law in 1954 due to the pervasive influence of organized crime gangs.
While the president has ample authority to deploy troops to assist civilian law enforcement, the current understanding is that the president lacks the authority to unilaterally declare martial law. Congress might be able to authorize a presidential declaration of martial law, but this remains unresolved. The Posse Comitatus Act, passed by Congress in 1878, forbids US military involvement in domestic law enforcement without congressional approval, further limiting the president's ability to declare martial law.
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State governors can declare martial law
While the US Constitution does not explicitly define when a president can declare martial law, it is clear that the president lacks the authority to do so. The US Constitution and founding documents do not mention martial law, and Congress has not passed any laws specifying when it can be declared.
State governors, on the other hand, do have the power to declare martial law. This power is granted to them by either the state constitution or the state legislature. Nearly every state has a constitutional provision authorizing the government to impose martial law. For example, 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. The Colorado National Guard conducted mass arrests, even ignoring state court orders to release the prisoners. In another instance, in 1892, the governor of Idaho declared martial law after striking mineworkers blew up a mill and killed one person. Over 600 people were arrested, and the mineworkers formed a new union in prison.
Martial law is a vague term for when military authorities take control of civil governance and law enforcement, typically as a last resort. During martial law, military leaders may suspend certain civil liberties and enforce their own laws. It is intended for times of extreme emergencies when civilian government and law enforcement have ceased to function or become ineffective. Ideally, it is used when a high number of citizens are in immediate, mortal danger. Examples of actions during martial law include curfews and restrictions on public gatherings to prevent civil unrest.
It is important to note that calling in the National Guard is not the same as declaring martial law. The National Guard can be controlled by both state and federal leaders and is used to assist in enforcing existing laws, respecting the civil rights of civilians.
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Martial law is a last resort
Martial law is a somewhat vague legal term for when military authorities take control of civil governance and law enforcement. During martial law, the executive or military leaders may suspend certain civil liberties and enforce their own laws, as well as detain people and take over local governments and their responsibilities.
In the United States, martial law has been used in a limited number of circumstances, such as in 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. It is intended to be reserved for times of extreme emergencies when existing civilian government and law enforcement have ceased to function or become ineffective. Ideally, it is used to maintain order when a high number of U.S. citizens are in immediate, mortal danger.
The United States Constitution and founding documents do not mention martial law, nor has Congress passed a law specifying when martial law can be declared. The Supreme Court has never specifically ruled that the president or federal government can declare martial law. 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 believe the president needs congressional authorization to impose it in a civilian area.
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The Insurrection Act does not authorise martial law
The Insurrection Act, a federal law enacted in 1807, allows the US president to deploy military forces domestically to enforce federal laws and maintain public order. However, it does not authorise martial law.
Martial law is a vague term for when military authorities take control of civil governance and law enforcement, suspending civilian laws and certain civil liberties. It is intended as a last resort for times of extreme emergencies when civilian governments and law enforcement have ceased to function or become ineffective.
The Insurrection Act, on the other hand, permits the military to assist civilian authorities, not take their place. It allows the president to deploy the military to suppress rebellion or domestic violence and enforce the law in certain situations. The Act is criticised for being dangerously vague and in urgent need of reform, as it gives the president significant power to decide when and where to deploy US military forces domestically.
While the US Constitution does not explicitly define when a president can declare martial law, it also does not specifically forbid it. Congress might be able to authorise a presidential declaration of martial law, but this has not been conclusively decided. State officials, on the other hand, 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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Martial law has been imposed at least 68 times in the US
In the United States, martial law has been imposed at least 68 times, according to the Brennan Center for Justice. The concept of martial law is somewhat vague, but it generally refers to when military authorities take control of civil governance and law enforcement, suspending civil liberties and enforcing their own laws. This is typically done as a last resort in times of extreme emergencies when civilian governments and law enforcement have ceased to function or become ineffective.
The United States Constitution and founding documents do not mention martial law, and Congress has not passed any laws specifying when it can be declared. However, Congress did pass the Posse Comitatus Act in 1878, which forbids US military involvement in domestic law enforcement without congressional approval. Additionally, the Insurrection Act, enacted in 1807, allows the President to deploy military forces domestically to suppress insurrections, rebellies, or domestic violence when necessary to enforce federal laws and maintain order.
Historically, martial law has been imposed in limited, usually local areas of the United States. 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 disputes, four times for natural disasters, and fifteen times for other reasons. For example, in 1871, Chicago mayor Roswell B. Mason declared martial law after the Great Chicago Fire, and in 1906, federal troops were pressed into martial law service after the San Francisco earthquake. In 1963, Maryland Governor J. Millard Tawes imposed martial law in Cambridge for over a year in response to clashes between racial justice advocates and segregationists.
While the President does not have the authority to declare martial law, state officials, including governors, do have this power, granted by the state constitution or state legislature. However, their actions under a declaration of martial law must abide by the US Constitution and are subject to review in federal court.
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Frequently asked questions
No, Obama cannot declare martial law. Under current law, the president has no authority to declare martial law.
Martial law is a vague legal term for when military authorities take control of civil governance and law enforcement. During martial law, military leaders may suspend certain civil liberties and enforce their own laws.
Martial law is intended to be reserved for times of extreme emergencies when existing civilian government and law enforcement have ceased to function or become ineffective. The purpose is to create order and control the population to achieve a higher goal.
Congress might be able to authorize a presidential declaration of martial law, but this has not been conclusively decided. State officials and governors 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.
Yes, throughout American history, the federal and state governments have declared martial law over 60 times, although some sources state at least 68 times. Notable instances include the Civil War, the Great Chicago Fire of 1871, the San Francisco earthquake of 1906, and the Civil Rights Movement.
