Keith Mack
Martial law is a state of emergency where military authorities take control of the administration of justice and may enforce stricter laws and punishments. While there is no universal definition, it often refers to the use of the military for law enforcement. In the United States, the President, Congress, or a local military commander may impose degrees of martial law under specific situations. The Posse Comitatus Act, enacted in 1878, prohibits the US military from taking part in domestic law enforcement without congressional approval. However, the Insurrection Act, last invoked in 1992, allows the President to deploy the military to assist civilian authorities in certain situations. The ability to impose martial law is limited by court decisions and the suspension of habeas corpus, the right to a hearing and trial for lawful imprisonment.
| Characteristics | Values |
|---|---|
| Who can invoke martial law? | The US President, US Congress, a local military commander, or a state governor |
| What does it mean? | Military rule is imposed, and civilian legal processes are suspended |
| What happens during martial law? | A stricter set of laws and punishments is enforced by the military or executive branch of the government |
| What does it require? | An emergency or crisis that civilian authorities cannot manage |
| What is its history? | Invoked 9 times since World War II, 68 times in US history, and frequently throughout history in other countries |
| What are the limitations? | Court decisions, the Posse Comitatus Act, and functional civilian courts |
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What You'll Learn
- The US President and Congress can impose martial law
- Martial law is the replacement of civilian government by military rule
- The Insurrection Act allows the President to deploy the military domestically
- Martial law can be declared in instances of military coups
- Martial law has been imposed during conflicts and occupations
The US President and Congress can impose martial law
The US Constitution does not define martial law and does not specify who can impose it. However, the US President and Congress can impose martial law within certain constraints. This is because both can be in charge of the militia. The US President is the commander-in-chief of the US armed forces and has the power to decide if, when, and where to deploy US troops within the country.
Congress has several war powers that act as checks on the commander-in-chief. Congress enacted the Posse Comitatus Act in 1878, which prevents the US military from participating in civilian law enforcement activities without congressional approval. This means that the US military, when allowed to act domestically, is usually limited to assisting civilian authorities.
The US President can impose "degrees of martial law in specific circumstances". For example, in 1814, General Andrew Jackson, who later became the seventh US President, imposed martial law in New Orleans to defend against an invading British army. However, the Louisiana Supreme Court described Jackson's use of martial law as "trampling upon the Constitution and laws of our country".
Some scholars believe that the US President has the executive power to declare martial law. Others argue that 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 actions.
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Martial law is the replacement of civilian government by military rule
Martial law is a broad term that often refers to the use of the military for law enforcement. It involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. It is justified when civilian authority has ceased to function, is completely absent, or has become ineffective.
In the United States, martial law may be declared by proclamation of the President or a State governor, although a formal proclamation is not necessary. While the U.S. Constitution does not make a specific provision for the imposition of martial law, nearly every State has a constitutional provision authorizing the government to impose it. The power of martial law is limited by several court decisions and laws, including the Posse Comitatus Act, which forbids US military involvement in domestic law enforcement without congressional approval.
Under total martial law, the normal American law enforcement and legal system is replaced by a stricter set of laws and punishments that are completely controlled by the military or executive branch of the government. The normal checks and balances system built into the Constitution is suspended, and the military commander of an area or country has unlimited authority to make and enforce laws.
Martial law has been imposed in various countries and contexts throughout history, including in the United States during the War of 1812, post-World War II Germany and Japan, and in Egypt during a period of extended states of emergency.
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The Insurrection Act allows the President to deploy the military domestically
In the United States, martial law refers to instances in which a region, state, city, or the entire nation is placed under the control of a military body. The US President and Congress have the power to impose martial law, and in nearly every state, the governor can also impose it within their state's borders.
The Insurrection Act, originally enacted in 1792, grants the President the authority to deploy the military domestically and use it for civilian law enforcement. This makes it one of the executive branch's most potent emergency powers. The Act has been invoked in response to at least 30 crises, including by Presidents Dwight D. Eisenhower and John F. Kennedy, who deployed troops to enforce school desegregation in the South.
The Act allows the President to deploy the military to assist civilian authorities with law enforcement, such as enforcing a federal court order or suppressing an uprising. It can also be used to enforce the Equal Protection Clause of the Fourteenth Amendment. The Act is the primary exception to the Posse Comitatus Act, which prohibits federal forces from assisting in domestic law enforcement without congressional approval.
The Insurrection Act has been criticised as being dangerously vague and in urgent need of reform. The Supreme Court has ruled that the President alone has the authority to decide when to invoke the Act, and there is no clear definition of "insurrection," "rebellion," or "domestic violence" in the text. In 2022, the Brennan Center for Justice submitted a proposal to the January 6 House Committee to reform the Act, clarifying its vague language and updating its contents.
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Martial law can be declared in instances of military coups
Martial law is a term that often refers to the use of the military for law enforcement. It involves the military taking control of a particular area, pushing aside civilian authorities, and exercising jurisdiction over the population. Martial law can be declared in instances of military coups, such as the following:
Thailand in 2006 and 2014
In 2006, while Prime Minister Shinawatra was in New York City addressing the United Nations General Assembly, the Royal Thai Armed Forces staged a bloodless coup in the capital of Bangkok and declared martial law. General Sonthi Boonyaratglin took control of the government and later handed over the premiership to ex-Army Chief General Surayud. In 2014, after seven months of civil and political unrest, Army Commander-in-Chief Gen. Prayut Chan-ocha declared martial law nationwide.
Egypt in 2013
In 2013, Egypt experienced a military coup, leading to the declaration of martial law.
Myanmar in 2021
In February 2021, Myanmar's military, known as the Tatmadaw, overthrew the country's democratically elected members, the National League for Democracy. The military junta that took power faced widespread protests, and in March, security forces killed over sixty-five protestors in Hlaingtharyar. As a result, the junta declared martial law in the region of Yangon and other industrial zones. By February 2023, the junta had extended martial law to a total of 50 townships across various regions.
Philippines in 1972
In September 1972, Proclamation № 1081, declaring a state of martial law in the Philippines, was signed by President Ferdinand Marcos. The official reason was to suppress increasing civil strife and the threat of a communist takeover. However, the policy eventually led to human rights abuses by the military, economic downturns, and dissent among the populace.
Historical Examples in the United States
Historically, martial law has been imposed in the United States during specific events, such as the Battle of New Orleans in 1814, when General Andrew Jackson imposed it to maintain control and enforce strict measures. Additionally, in 1774, Boston was placed under martial law by the British Parliament in response to the Boston Tea Party. General Thomas Gage was appointed military governor, and measures such as closing the port and restricting town meetings were implemented to quell dissent.
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Martial law has been imposed during conflicts and occupations
Martial law has been imposed during several conflicts and occupations. In the United States, martial law has been imposed in limited circumstances, such as during the Battle of New Orleans, the Great Chicago Fire of 1871, the San Francisco earthquake of 1906, the Omaha Race Riot of 1919, and the Lexington Riots of 1920. During the West Virginia Coal Wars (1920-1921), martial law was declared in the state of West Virginia, with federal troops dispatched to Mingo County to deal with striking miners. Similarly, during the Colorado Coalfield War in 1914, martial law was imposed in Ludlow, Colorado, to quell the strikers, eventually resulting in the Ludlow Massacre.
In other instances, martial law has been imposed during conflicts and occupations outside the United States. For example, during the 1967 war, Israel occupied the West Bank, the Gaza Strip, the Golan Heights, and the Sinai Peninsula, and martial law was imposed over the Palestinian, Jordanian, Syrian, and Egyptian populations in these areas. Following the Japanese attack on Pearl Harbor in 1941, martial law was imposed in Hawaii, which was then a US territory. During the Yugoslav Wars in 1991, a "State of Direct War Threat" was declared, and after the secession, Croatia and Bosnia and Herzegovina declared martial law. In 2011, King Hamad bin Isa Al Khalifa of Bahrain 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
No, the military cannot invoke martial law in the United States. While there is no universal definition of martial law, it often refers to the use of the military for law enforcement, with civilian authorities being pushed aside and the military exercising jurisdiction over a particular area. In the U.S., the president, Congress, or a local military commander may impose degrees of martial law under specific situations.
Martial law can be imposed in the U.S. under certain conditions, such as war, invasion, insurrection, civil unrest, natural disasters, or other emergencies. The president can invoke the Insurrection Act and deploy military forces inside the U.S. to suppress rebellion, enforce the law, or maintain order during civil unrest. However, the Posse Comitatus Act prohibits federal forces from assisting in domestic law enforcement without congressional approval or a directive from the president under the Insurrection Act.
During martial law, the normal American law enforcement and legal system are replaced by a stricter set of laws and punishments controlled by the military or executive branch of the government. The standard checks and balances system built into the Constitution is suspended, and the military has virtually unlimited authority. People accused of crimes may be tried by military tribunals rather than civilian courts.
