Keith Mack
In March 2020, California Governor Gavin Newsom stated that he could declare martial law if he felt it necessary. This came as the state prepared for the first waves of the coronavirus, with the state acquiring hotels and hospitals to accommodate the expected influx of patients. While the National Guard was put on alert, Newsom's office emphasised that it was for duties routinely performed during emergencies. The governor of California is the Commander in Chief of a militia and can call it forth to execute the laws, but the state has little experience with martial law.
| Characteristics | Values |
|---|---|
| Can the governor of California declare martial law? | Yes, the governor of California can declare martial law. However, it is considered a "last resort" and has never been declared in the state. |
| What is martial law? | Martial law is the imposition of military control over the general population, typically in response to a temporary emergency. |
| Has martial law ever been declared in California? | No, martial law has never been declared in California. However, there have been two instances that potentially qualify. The first was between the end of the Mexican-American War and 1849 when California was under U.S. military rule. The second was in 1934 when Governor Frank C. Merriam threatened to impose martial law in San Francisco during a labor strike. |
| When can martial law be declared? | Martial law can be declared when there is a compelling governmental interest, such as preventing violence or maintaining safety. It must be narrowly tailored to that interest and is subject to the clear and present danger test, which assesses whether restricting rights is necessary to prevent imminent and significant harm. |
| What happens during martial law? | During martial law, civil laws are suspended, and military forces are in charge. Citizens' constitutional rights are void, and military law or military justice is applied to civilians. |
| Has the governor of California recently considered declaring martial law? | During the COVID-19 pandemic in 2020, Governor Gavin Newsom stated that martial law could be used "if we feel the necessity." However, he did not declare martial law, and it was considered unlikely at the time. |
| What other actions can the governor of California take during emergencies? | The governor of California can declare a state of emergency under the Emergency Services Act (ESA), which grants them powers such as suspending laws, commandeering private property or personnel, and spending from available funds. The governor can also activate the National Guard to provide disaster relief and support emergency response efforts. |
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What You'll Learn
Governor Newsom's activation of the National Guard
In March 2020, California Governor Gavin Newsom stated that he could declare martial law, following the activation of the National Guard. This activation was in response to the anticipated first waves of the coronavirus pandemic, which threatened to overwhelm the state's hospitals. Newsom's office emphasised that the National Guard would be fulfilling duties routinely performed during natural disasters and other emergencies. However, Newsom added that "we have the ability to do martial law if we feel the necessity".
The activation of the National Guard was intended to support the California Highway Patrol (CHP) and enhance security. Up to 1,000 National Guard troops were deployed to protect the Capitol Building and other critical state infrastructure, in preparation for planned armed protests during President-elect Joe Biden's inauguration. This decision was made following news of armed rallies by Trump supporters in all 50 states. Newsom stated that "California will take every necessary measure to protect public safety and protect our Democratic principles and to ensure that those disgraceful actions are not repeated here".
The activation of the National Guard in this context was not without controversy. Some saw it as a necessary step to ensure public safety and maintain law and order. However, others criticised Newsom for what they perceived as a double standard. They pointed to his decision not to deploy the National Guard during the Black Lives Matter protests in 2020, where he stated that doing so would "create more violence" and that it was "important for these protestors to express themselves".
The possibility of declaring martial law in California was met with mixed reactions. On the one hand, it highlighted the state's preparedness to handle the pandemic and maintain order. On the other hand, it raised concerns about the potential suspension of civil liberties, such as freedom of association and movement. Ultimately, Newsom's administration focused on acquiring additional hospital capacity and following CDC guidelines to slow the spread of the virus, successfully avoiding the need to declare martial law.
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The governor's ability to declare martial law
The governor of California has the ability to declare martial law, which is the imposition of military control over the general population, typically in response to a temporary emergency. However, this power has rarely been exercised, if ever, in the state's history.
In March 2020, at the beginning of the COVID-19 pandemic, Governor Gavin Newsom stated that martial law could be used "if we feel the necessity". He also put the California National Guard on alert to assist in disaster relief and provide logistical support. This action raised concerns among some that martial law had been declared, but Newsom clarified that the activation of the National Guard was not an indication of martial law, as this has distinct implications, such as the suspension of civil authority and civil rights.
There have been only a couple of instances in California's history that could potentially be considered martial law. In 1934, Governor Frank C. Merriam threatened to impose martial law in San Francisco during a labour strike, but the situation was resolved without the need for military intervention. Another possible example is the period between the end of the Mexican-American War and the adoption of California's first constitution in 1849, when California was under US military rule.
It is important to note that declaring martial law is considered a "last resort". In the context of the COVID-19 pandemic, retired California National Guard Col. Stan Zezotarski expressed concern that mentioning martial law and the National Guard without specific details could be interpreted as a panic button.
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Suspension of civil liberties
In March 2020, California Governor Gavin Newsom stated that he could declare martial law if he felt it necessary. This came in response to the state's preparation for the first waves of the coronavirus, which threatened to overwhelm hospitals. The state was acquiring two vacant hospitals and negotiating with about 900 hotels to acquire rooms for hospital patients and the homeless.
The imposition of martial law would entail replacing regular laws with military authority, and could result in the suspension of civil liberties such as freedom of association and movement. Governor Newsom's office emphasised that the National Guard was being readied for duties routinely performed during natural disasters and other emergencies. However, he added that they had the ability to enforce martial law if needed.
The California Constitution states that the governor is the Commander in Chief of a militia provided by statute and may call it forth to execute the laws. At the time, Governor Newsom had deployed the National Guard in limited instances to assist with food banks and community activities, but not to enforce state law or his executive orders.
While the possibility of suspending civil liberties was not explicitly ruled out, the focus was on encouraging residents to follow CDC guidelines to limit gatherings and slow the spread of the virus, thus avoiding the need for more drastic measures.
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The impact of COVID-19
While the governor of California has certain powers derived from the state's constitution, their emergency powers are primarily found in statute. In the case of COVID-19, Governor Newsom declared a state of emergency in California. This declaration was made under Government Code section 8558, which defines the conditions under which a state of emergency can be called, including an epidemic.
- Healthcare System: The rapid spread of COVID-19 cases overwhelmed hospitals and healthcare workers across California. Intensive care units (ICUs) in many parts of the state reached capacity, and there were shortages of critical medical equipment and supplies, including ventilators and personal protective equipment (PPE). The state had to implement emergency medical protocols and set up temporary field hospitals to cope with the surge in cases.
- Economic Disruption: The pandemic severely impacted California's economy, with many businesses forced to close or restrict operations due to lockdown measures and social distancing guidelines. The state experienced high unemployment rates, with a significant rise in job losses across various sectors, including hospitality, tourism, and entertainment. The state government provided financial assistance and relief packages to support struggling businesses and individuals.
- Education Disruptions: Schools and universities across California shifted to remote learning, disrupting the education of millions of students. The transition to online classes revealed a digital divide, with many students lacking adequate access to technology and internet connectivity. The state had to invest in distance learning infrastructure and provide devices and hotspots to ensure equitable access to education.
- Housing and Homelessness: The pandemic exacerbated California's housing crisis. Eviction moratoriums were put in place to protect tenants, but they also led to financial strain for landlords. The state faced challenges in providing safe shelter for the growing homeless population, especially in urban areas like Los Angeles and San Francisco, as the virus spread through crowded shelters.
- Mental Health: COVID-19 and the subsequent social isolation and economic hardship took a toll on the mental health of Californians. Rates of anxiety, depression, and substance abuse increased, and there was a rise in demand for mental health services. The state had to expand its mental health programs and telehealth services to meet the growing needs of its residents.
- Social and Cultural Life: California, known for its vibrant culture and social scene, saw significant changes during the pandemic. Large gatherings and events, such as concerts, festivals, and sporting events, were cancelled or postponed. Iconic attractions like Disneyland and Hollywood studios closed temporarily. The entertainment industry was hit hard, with film and television productions halted, affecting not just Los Angeles but the entire state's creative economy.
These are just a few examples of how COVID-19 impacted California. The state's response to the pandemic involved utilizing emergency powers, allocating resources, and implementing policies to protect the health and safety of its residents.
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The use of hotels and hospitals
In 2020, California Governor Gavin Newsom stated that he could declare martial law in California if he felt it was necessary. This was in response to the impending coronavirus waves that were expected to crash across the state. In preparation, California was buying hotels and trying to get two large hospitals ready for the expected influx of patients.
In the context of martial law, hospitals are generally considered safe locations. They often remain operational, although they may experience severe shortages of supplies. However, there are exceptions, as seen in Myanmar, where doctors and nurses were targeted during martial law. It is important to recognize that each case of martial law is unique, and there is no single "best" safe location.
During the 2020 COVID-19 pandemic, California was negotiating with about 900 hotels to acquire tens of thousands of rooms that could be used for hospital patients and the homeless, a group particularly vulnerable to the virus. The state was also acquiring two vacant hospitals to increase capacity and prepare for a potential surge in hospital patients.
In the United States, the declaration of martial law is not explicitly permitted by the Constitution. However, scholars interpret the law to allow for its implementation in times of necessity. It is worth noting that true martial law has not occurred in the USA in recent history. If martial law is imposed, it typically involves curfews, the suspension of civil law and civil rights, and the application of military law or military justice to civilians.
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Frequently asked questions
Yes, the governor can declare martial law. In 2020, Governor Gavin Newsom stated that he could declare martial law if he felt it was necessary.
Declaring martial law would replace the usual laws with military authority, possibly suspending civil liberties like freedom of association and movement.
Yes, Governor Newsom has activated the National Guard in limited instances to assist with food banks and community activities. The National Guard has not been used to enforce state law or executive orders.
