Keith Mack
The question of whether police can declare martial law is complex and depends on the country and the specific circumstances. In the United States, martial law has been declared more than 60 times, mostly by state and local officials, including governors. However, the power to declare martial law varies across different countries and legal systems. In some cases, the military may be granted policing responsibilities, blurring the lines between the authority of the military and law enforcement. The term martial law itself lacks a clear and consistent definition, contributing to the complexity of the issue.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | US President, US Congress, State Governors, King, Military, President of South Korea, Military Junta |
| Who has the power to impose martial law? | US President, US Congress, State Governors, Military, Police |
| Where has martial law been imposed? | US, Minnesota, New Orleans, Boston, Brunei, Bangladesh, Philippines, Myanmar, South Korea, Israel, Mauritius |
| Why is martial law imposed? | War, rebellion, natural disaster, civil war, insurrection, riot, civil unrest, labour dispute, invasion, domestic violence, to suppress insurrections, to reinforce local police |
| What happens when martial law is imposed? | Military takes control of civil governance and law enforcement, civil liberties are suspended, curfews are imposed, public gatherings are restricted, people can be arrested without suspicion of a crime |
| What is the law surrounding martial law? | The law is complicated and unsettled, there is no federal statute defining martial law, the Supreme Court has never clearly stated whether the federal government can declare martial law |
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What You'll Learn
Martial law in the US
The concept of martial law in the United States is complex and has no single established definition. It is generally understood as a power that, in an emergency, allows the military to take the place of the civilian government and exercise jurisdiction over civilians in a particular area. However, the term has been used to describe a wide variety of actions and practices involving the military, and its exact scope and limits remain unclear.
In the US, martial law has been imposed at least 68 times, mostly by state and local officials, and usually in limited, local areas. It has been declared for various reasons, including war or invasion (twice), domestic war or insurrection (seven times), riot or civil unrest (eleven times), labour dispute (29 times), natural disaster (four times), and other reasons (fifteen times).
On a national level, both the US President and the US Congress have the power to impose martial law, as they can be in charge of the militia. However, the Supreme Court has never explicitly stated whether the federal government has this power, and if so, whether it rests with the President or requires congressional authorization. The Posse Comitatus Act, passed by Congress in 1878, generally forbids US military involvement in domestic law enforcement without congressional approval.
The US Constitution's 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 right to habeas corpus, or the right to a hearing and trial on lawful imprisonment, is closely tied to the imposition of martial law. Suspending habeas corpus allows for the arrest and detention of individuals without the usual legal processes, which can be a feature of martial law.
In recent times, there have been unfounded rumours on social media that former President Donald Trump would declare martial law. These rumours were triggered by an executive order that directed the Department of Defense and the Department of Homeland Security to submit a report on whether to invoke the Insurrection Act of 1807. However, there was no credible evidence or reporting to support these claims.
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Who can declare martial law?
In the United States, martial law has been declared about 68 times, with nearly every state having a constitutional provision authorising the government to impose it. While the US Constitution does not define martial law and does not specify who can impose it, the modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances".
Some scholars believe that the US president has the executive power to declare martial law, while others argue that the president needs congressional authorisation to impose it in a civilian area. According to national security law scholar Joseph Nunn, the US Constitution does not explicitly grant the president the power to declare martial law. Instead, Congress may be the only governmental branch that can legally declare it, and the president can only act according to its actions.
State officials do have the power to declare martial law, but their actions under the declaration must abide by the US Constitution and are subject to review in federal court. 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 other countries, the power to declare martial law varies. For example, in India, the sole mention of martial law in the constitution is in Article 34, which gives Parliament the power to indemnify persons in territories where martial law was in force. In contrast, the President of the Republic of China is authorised to declare martial law in times of emergency, according to the Provisional Constitution.
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Martial law in other countries
Martial law has been declared more than 60 times in US history, mostly by state and local officials. In the US, martial law usually refers to a power that, in an emergency, allows the military to take the place of the civilian government and exercise jurisdiction over civilians in a particular area. In nearly every state, the governor has the power to impose martial law within the state's borders. On a national level, both the US President and the US Congress have the power, within certain constraints, to impose martial law.
Martial law has been declared in many other countries, including:
- Thailand in 2006 and 2014
- Egypt in 2011 and 2013
- China in 1989
- Poland in 1981
- Brunei since 1962
- Bangladesh in the 1970s
- The Philippines from 1972 to 1981
- Taiwan in 1947 and 1949
- Iran in 1978
Martial law is often described as a largely elusive legal entity. While some countries have provisions explicitly permitting the use of martial law, many do not. In countries where it is not explicitly permitted, the legal justification for declaring martial law is often the common law doctrine of necessity.
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History of martial law
The history of martial law is extensive and varied across the world. In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. During the American Revolutionary period, British authorities imposed martial law in several instances to suppress colonial resistance and maintain control. Notable examples include Boston in 1774 and Virginia in 1775. After the Revolutionary War, martial law was imposed in New York in 1776 and New Orleans in 1812. In the 19th and early 20th centuries, martial law was declared in response to disasters, riots, and civil unrest. During the 20th century, martial law was imposed during the Civil Rights Movement and in Hawaii after the attack on Pearl Harbor.
In the Philippines, martial law was declared by President Arroyo in 2009 in the province of Maguindanao, and by President Duterte in 2017 in the southern island of Mindanao. In 1972, Ferdinand Marcos declared martial law, citing the need to suppress student demonstrations, communist insurgency, and the Muslim separatist movement. Marcos's declaration of martial law led to the arrest of opposition politicians and the consolidation of political and economic control by his regime.
In Pakistan, martial law was imposed by General Muhammad Zia-ul-Haq in 1977, overthrowing the civilian government of Zulfikar Ali Bhutto. Zia-ul-Haq's regime lasted until his death in 1988, when civilian government resumed. In 1999, the army once again took control, dissolving the government of Prime Minister Nawaz Sharif.
In South Korea, martial law was declared in 1960 in response to student protests against the presidential election. It was also declared in 1972, when the single-house parliament was closed, and in 1979 following the death of President Park Chung-Hee.
In China, martial law was imposed in Taiwan from 1949 to 1987 by the Nationalist-led central government to suppress Communist activities. In 1989, martial law was imposed in Beijing by the Communist-ruled government following the Tiananmen Square protests.
In Australia, martial law was declared in Tasmania from 1828 to 1832 by Lieutenant-Governor George Arthur during the Black War, a period of violent conflict between British colonists and Aboriginal Australians. This declaration provided legal immunity for killing Aboriginal people.
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The Insurrection Act
In the United States, martial law has been imposed at least 68 times, mostly by state and local officials. However, the US Constitution does not define the term "martial law", and the Supreme Court has never clearly stated whether the federal government has the power to declare it.
In 2020, Senator Richard Blumenthal introduced the CIVIL Act (Curtailing Insurrection and Violations of Individuals' Liberties Act) to restrict presidential powers outlined in the Insurrection Act. The following year, President Trump signed an executive order requiring the Secretary of Defense and the Secretary of Homeland Security to submit a report on the conditions at the US southern border and whether invoking the Insurrection Act was necessary.
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Frequently asked questions
No, police do not have the authority to declare martial law. In the United States, martial law may be declared by the President or a State governor. However, the Supreme Court has never explicitly stated whether the federal government has the power to declare martial law, and if so, whether it would require congressional authorization.
Martial law is a vague legal term for when military authorities take control of civil governance and law enforcement. It is typically invoked during times of war, rebellion, or natural disaster, when civilian authority has ceased to function or become ineffective. Under martial law, the military commander of an area or country has unlimited authority to make and enforce laws, and civil liberties may be suspended.
Yes, martial law has been declared more than 60 times in U.S. history, mostly by state and local officials. Notable instances include:
- The Battle of New Orleans
- The Great Chicago Fire of 1871
- The 1906 San Francisco earthquake
- The Omaha race riot of 1919
- The 1934 West Coast waterfront strike
- Hawaii after the Japanese attack on Pearl Harbor in 1941
