Keith Mack
Martial law is a controversial topic that has been invoked at least 68 times in the United States and has been used in other countries such as China, Canada, Syria, Indonesia, Israel, Armenia, Azerbaijan, and Iran. It has been declared by state governors, military commanders, and presidents. While the exact scope and limits of martial law are often unclear, it generally involves the use of military force to maintain peace and order in response to emergencies, insurrections, or civil disorder. The authority to declare martial law and the specific actions permitted under it are subject to interpretation and depend on the legal framework of each country.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | State governor, President, Prime Minister, King, or military commander |
| Where has martial law been declared? | United States, Canada, China, Syria, Indonesia, Israel, Armenia, Azerbaijan, Australia |
| When was martial law declared? | 68 times in the US; 9 times since World War II; 60 times between the Civil War and World War II; 1828-1832; 1908; 1911; 1922; 1934-1936; 1938; 1943; 1949-1966; 1963; 1978; 2003; 2020 |
| Why was martial law declared? | Civil War, insurrection, invasion, domestic violence, state of emergency, violent conflict, protests, general strikes, labour disputes, anti-government uprising, military activity |
| What happens during martial law? | Military tribunals, curfews, administrative detentions, expulsions, deportations, immunity for killing, use of force, suppression of violence, restoration of order |
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What You'll Learn
Martial law can be declared at state or federal level
Martial law is a state of emergency where military authorities assume control and suspend ordinary laws and civil liberties. It is typically declared in response to civil unrest, invasions, insurrections, or natural disasters. In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. While the president cannot unilaterally declare martial law, it can be enacted at both the state and federal levels.
At the state level, governors have the power to declare martial law when authorised by state law. For example, in 1845, Nauvoo, Illinois was placed under martial law by Governor Ford due to tensions with Mormon groups. 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. State-level martial law is subject to the U.S. Constitution and judicial review in federal courts.
At the federal level, the president may deploy the National Guard or armed forces to suppress insurrections or enforce federal laws, but this requires a request from the state legislature or governor. This federal assistance is generally authorised by Congress and falls under civilian leadership. Since World War II, the federal government has not declared martial law, instead relying on civilian authorities and law enforcement.
In other countries, martial law has also been declared at various levels of government. For example, in 2018, Ukrainian President Petro Poroshenko imposed martial law along coastal regions bordering Russia and Transnistria in response to Russian hostilities. In Syria, martial law was established after the 2011 coup d'état, granting extraordinary powers to the prime minister acting as the martial law governor.
While the specific processes vary, martial law can be enacted at different levels of government, depending on the country's legal framework and the nature of the emergency.
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The US President cannot declare martial law
While the US President does have certain powers to deploy the military, the President cannot declare martial law. The US Constitution does not grant the President the power to declare martial law, and the Supreme Court has never ruled that the President can declare it. Instead, the power to declare martial law falls to Congress or state governments.
The US President does have some powers to deploy the military, which can be seen as similar to declaring martial law. For example, the President can deploy the National Guard or regular armed forces to suppress an insurrection in a state if the state legislature or governor requests federal aid. The President can also deploy troops without a request from the state to enforce US laws or suppress rebellion. Additionally, the President can call on the military to help local governments after a natural disaster. However, these powers are limited, and the Posse Comitatus Act prevents the military from participating in civilian law enforcement activities.
The power to declare martial law rests with Congress or state governments. Congress can pass laws that give the President the power to declare martial law, such as the John Warner National Defense Authorization Act for Fiscal Year 2007, which allowed the President to declare martial law and take command of National Guard units without the consent of state governors. However, this Act was controversial, and some senators sought to reverse the amendments that gave the President new powers. On a national level, both the US President and Congress have the power to impose martial law since they can control the militia, but Congress may be the only governmental branch that can legally declare it.
State governments also have the power to declare martial law within their borders. In nearly every state, the governor has the power to impose martial law, and federal courts are likely to defer to the governor's decision. However, the Constitution and federal laws will still constrain the state's conduct under the declaration, and judicial review will be available in federal court. The exact scope and limits of martial law at the state level are unclear and subject to interpretation.
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State governors have the power to declare martial law
In the United States, state governors have the power to declare martial law. This has been the case throughout US history, with state governors declaring martial law on numerous occasions. For example, in 1828, Lieutenant-Governor George Arthur declared martial law in Tasmania, providing legal immunity for killing Aboriginal people. In 1857, Governor Brigham Young declared martial law in Utah to facilitate armed resistance to approaching federal troops. In 1922, Governor Samuel McKelvie declared martial law in Nebraska City, Nebraska, and in 1935, Governor Paul V. McNutt did the same in Vigo County, Indiana.
The power of state governors to declare martial law is established by state law, and federal courts will typically defer to a state governor's decision that it was necessary. However, the exact scope and limits of martial law remain unclear due to sparse and inconsistent Supreme Court precedent and a lack of specific legislation. The Constitution and valid federal laws continue to constrain states' conduct under a declaration of martial law, and judicial review is available in federal court.
It is important to note that the President of the United States cannot unilaterally declare martial law. While the President is the Commander-in-Chief of the military, the Constitution grants the authority to use military force domestically to the federal government as a whole, not solely to the Executive branch. In the event of "'domestic violence,' the affected state's legislature or governor must request federal aid before the President can deploy the National Guard or the armed forces to suppress the insurrection.
Martial law has been declared numerous times throughout history, both in the United States and internationally. In the US, it was used extensively during the Civil War and in the years leading up to World War II. Internationally, martial law has been declared in countries like Syria, Indonesia, Iran, China, and Canada, often in response to states of emergency, insurrections, or public demonstrations.
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Martial law declarations are often in response to a state of emergency
Martial law is a temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster. It has been declared nine times since World War II, and in five instances, it was designed to counter resistance to federal desegregation decrees in the South.
In the United States, martial law may be declared by proclamation of the President or a State governor, although the President cannot unilaterally declare it. Nearly every state has a constitutional provision authorizing the government to impose martial law. The power of martial law, once considered absolute, now has limitations. For example, civilians may not be tried by military tribunals as long as civilian courts are functional.
In some cases, martial law has been imposed during conflicts and in cases of occupation, where the absence of any other civil government provides an unstable population. This was the case in Germany and Japan during post-World War II reconstruction, and in the former Confederate States of America after the American Civil War.
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Martial law can be used to suppress rebellion
Martial law is a temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. It is often declared in cases of major natural disasters, coups d'état, or to suppress political opposition and rebellion.
Martial law has been used to suppress rebellion in numerous instances throughout history. During the American Revolutionary period, British authorities imposed martial law in Boston and Virginia to suppress colonial resistance and maintain control. In Boston, the British Parliament passed the Intolerable Acts, which included the Massachusetts Government Act, effectively placing the city under martial law by closing its port and restricting town meetings. In Virginia, Lord Dunmore, the royal governor, issued a proclamation declaring martial law and offering freedom to indentured servants and enslaved individuals who joined British forces against the rebelling colonists. This move aimed to disrupt the colonial rebellion by weakening their labor force and encouraging support for the British cause.
In the United States, martial law has been used in limited circumstances, such as during the Civil War, the Whiskey Rebellion, and the Civil Rights Movement. In 1878, Congress passed the Posse Comitatus Act, which forbids US military involvement in domestic law enforcement without congressional approval. Despite this, martial law was declared nine times since World War II, with five instances designed to counter resistance to federal desegregation decrees in the South.
In other countries, martial law has also been used to suppress rebellion. For example, in 1962, a rebellion in Brunei was put down by British troops, and the country has been under martial law since. In 1972, martial law was declared in the Philippines to suppress increasing civil strife and the threat of a communist takeover. In 1981, martial law was imposed in Poland to suppress political opposition. In 2011, King Hamad bin Isa Al Khalifa declared martial law during an anti-government uprising, granting authority to the police and military to crack down on protesters.
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Frequently asked questions
Yes, the governor can call martial law. In the United States, martial law has been declared at least 68 times, with state governors ignoring the Supreme Court's holding on numerous occasions.
Martial law is when the military takes control of the government and has the authority to enforce law and order.
When martial law is declared, the military is given the power to make immediate decisions and suppress violence. The exact scope and limits of martial law are often unclear, but it usually has a defined "scope" in terms of geography (city/region/state).
The president cannot declare martial law in the United States. However, in the case of insurrection, the president may deploy the National Guard or armed forces to suppress the insurrection upon the request of the state's legislature or governor.
