Kara Sears
The question of whether Barack Obama could declare martial law in the United States is a complex one. While the Constitution does not define martial law, and it is unclear whether the president can legally declare it, state officials do have the power to declare martial law. In 2012, Obama signed the National Defense Resources Preparedness executive order, which provided the framework for the allocation of resources, materials, and services to promote national defense. This led to claims that Obama was preparing to declare martial law, which were later retracted. While the president has extensive authority to deploy the military domestically, the Posse Comitatus Act of 1878 prevents the US military from participating in civilian law enforcement without congressional approval. The Insurrection Act of 1807 allows the president to deploy the military to put down rebellions and assist local law enforcement, but it does not authorize martial law.
| Characteristics | Values |
|---|---|
| Can Obama declare martial law? | Obama has been given full authority by the Supreme Court to enact martial law. However, it is unclear whether the president can legally declare martial law. |
| What is martial law? | Martial law refers to instances when a nation's armed forces step in and assume the governance of an area. |
| Instances of martial law in the US | Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. |
| Reasons for declaring martial law | 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. |
| Powers of the president | The president has ample authority under current law to deploy troops to assist civilian law enforcement. |
| Powers of state officials | State officials have the power to declare martial law, but their actions under the declaration must abide by the U.S. Constitution and are subject to review in federal court. |
| The Posse Comitatus Act | The Posse Comitatus Act prevents the United States military "from participating in civilian law enforcement activities." |
| The Insurrection Act | The Insurrection Act allows the president to deploy military forces to put down rebellions within the United States and deploy the military to help local law enforcement deal with domestic violence. |
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What You'll Learn
Obama's National Defense Resources Preparedness executive order
Executive Order 13603, titled "National Defense Resources Preparedness", was signed by President Barack Obama on March 16, 2012. The order is an update to long-existing directives that have been issued since the Truman administration, specifically updating the resources covered under the Defense Production Act of 1950.
The purpose of Executive Order 13603 is to delegate authority and address national defense resource policies and programs. It provides the framework and authority for the allocation or appropriation of resources, materials, and services to promote national defense. The order allows the President to delegate authority to various federal departments and agencies. For example, the secretaries of Defense and the Interior are authorized to encourage the exploration, development, and mining of strategic and critical materials.
Despite claims that the executive order granted the President unprecedented new powers, such as the ability to declare martial law, seize private property, ration food and gasoline, and nationalize American industry, these claims were refuted by fact-checking websites and were deemed to be false. The National Defense Resources Preparedness EO was instead a minor update to a similar order issued by President Bill Clinton in 1994, which had older predecessors and has been amended several times.
The power to declare martial law lies with Congress and state officials, not the President. While the President has the authority to deploy troops to assist civilian law enforcement, the power to impose martial law and replace civilian authorities with federal troops rests with Congress and state legislatures. The exact scope and limits of martial law remain unclear and subject to interpretation until clearer legislation is enacted.
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The US President's powers to impose martial law
The US Constitution does not define martial law and does not specify who can declare it. While the US President has the power to deploy troops to enforce the law in specific situations, the US President does not have the power to declare martial law. This is because the legislation that allows the President to deploy troops, the Posse Comitatus Act and the Insurrection Act, does not include authorization for the President to impose martial law.
However, the modern interpretation of the US Constitution 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. Others believe the President needs congressional authorization to impose martial law in a civilian area. Therefore, Congress may be the only governmental branch that can legally declare martial law, and the President can only act according to its action.
Throughout American history, the federal and state governments have declared martial law over 60 times, with some sources citing 68 instances. Martial law has been declared for various reasons, including war or invasion, domestic war or insurrection, riot or civil unrest, labor dispute, natural disaster, and other reasons.
In 2012, President Barack Obama signed the National Defense Resources Preparedness Executive Order (Executive Order 13603). This order provides the framework and authority for the allocation or appropriation of resources, materials, and services to promote national defense. Some people claimed that this executive order allowed the President to declare martial law. However, these claims were later retracted, as the order was simply an update to long-existing directives that have been issued since the Truman administration.
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Martial law in the US: history and meaning
In the United States, martial law refers to a region, state, city, or the entire country being placed under the control of a military body. The law governing martial law is complicated and unsettled, with no established definition. The US Constitution does not explicitly mention martial law, but nearly every state's constitution includes a provision for it.
Martial law has been implemented by governments on a temporary basis during periods of war, civil unrest, or chaos. Rights are suspended, and the military can turn the region into a prison. In the US, martial law has been used in limited circumstances, such as during the Battle of New Orleans, after the Great Chicago Fire of 1871, and during riots and civil rights protests.
On a national level, the US President and Congress have the power to impose martial law, as they can be in charge of the militia. However, there is debate about whether the President can declare it, as there is no specific language in the Constitution authorizing it. The Insurrection Act of 1807 gives the President the authority to federalize the National Guard and use the military as civilian law enforcement, but it is rarely invoked.
At the state level, governors have the power to impose martial law within their borders, and city mayors and generals within states' National Guard forces have also declared it. Oklahoma Governor William Murray declared martial law at least six times during his tenure in the 1930s, and possibly more than 30 times.
In 2012, President Barack Obama signed Executive Order 13603, which updated long-existing directives on national defense resource policies. This order was claimed by some to create martial law, but in reality, it simply updated previous directives. In 2014, the Supreme Court gave Obama full authority to enact martial law, but he did not do so. Some commentators have suggested that Obama's actions were equivalent to martial law.
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State officials' powers during martial law
The power to declare martial law in the United States is complex and not exclusively held by any one government body. While the President of the United States does not have the power to impose martial law, state officials do have the power to declare it. However, state officials' actions under a declaration of martial law must abide by the U.S. Constitution and are subject to review in federal court.
State officials have historically declared martial law in response to violent civil unrest, natural disasters, or to break labor strikes on behalf of business interests. 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 of striking workers.
In another instance, during the West Virginia Coal Wars (1920-1921), martial law was declared in the state of West Virginia. Federal troops were dispatched to Mingo County to deal with striking miners. The army officer in charge acted selectively, jailing only union miners, and did not allow any assembly. Miners were arrested, jailed, and released without any trial.
While states may declare martial law whenever it is authorized by state law, their conduct under the declaration is constrained by the Constitution and valid federal laws. The Supreme Court has held that individual states have the power to declare martial law, and such a declaration is valid if authorized by the constitution or laws of the state.
The exact scope and limits of martial law remain unclear due to sparse and inconsistent legal precedents. Congress and state legislatures must enact stricter and better-defined limits to provide clarity on the matter.
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Martial law and the US Constitution
The US Constitution does not define martial law and does not specify who can declare it. However, the modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances". The US Constitution binds the federal government's actions when martial law is declared.
The US Constitution, in Article 1, Section 9, 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 writ of habeas corpus allows people who are unlawfully imprisoned to gain freedom through a court proceeding.
Throughout American history, the federal and state governments have declared martial law over 60 times, with some sources citing 68 instances. The US Constitution does not explicitly authorize the president to declare martial law, and the Supreme Court has never held that the president can. Therefore, it is unclear whether the president can legally declare martial law. However, several presidents throughout history have done so.
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 by Congress 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 deploy the military to help local law enforcement deal with domestic violence. The Insurrection Act is the primary exception to the Posse Comitatus Act.
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Frequently asked questions
No, Obama cannot enact martial law. The US Constitution does not define martial law and does not specify who can declare it. While the Supreme Court has held that states can declare martial law, it has never specifically held that the president can.
No, Obama has not declared martial law in the past. However, in 2012, he signed the National Defense Resources Preparedness Executive Order, which was rumoured to "create martial law". These claims were later retracted.
Martial law refers to instances when a nation's armed forces assume the governance of an area. Officials impose martial law when civilian authority over an area has stopped functioning, like in the case of an insurrection or natural disaster.
Yes, throughout history, the federal and state governments have declared martial law over 60 times, mostly in limited, local areas.
