Cameron Miranda
The United States has a long history of imposing martial law, with federal and state governments declaring it over 60 times. Martial law refers to when the military temporarily takes over a civilian area and imposes its own rules, usually during an insurrection or natural disaster. While the U.S. Constitution does not explicitly define or forbid martial law, it is rare in the United States due to concerns about abusing political power. The President's ability to declare martial law is limited by the Posse Comitatus Act and the Insurrection Act, which prevent the military from acting in civilian law enforcement. However, the Insurrection Act allows the President to deploy the military to suppress rebellions and enforce federal laws. The Supreme Court has held that states can declare martial law, but it is unclear if the President has the same power, and this question continues to be debated.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | The US President, US Congress, state governors, and state legislatures. |
| What does it mean? | Military temporarily assumes governance of an area, replacing civilian authority. |
| What happens during martial law? | Civil freedoms and constitutional rights are often suspended. |
| When can it be declared? | During emergencies, insurrections, rebellions, or domestic violence. |
| Who enforces martial law? | The National Guard or regular armed forces. |
| Can the President declare it? | The Supreme Court has never explicitly held that the President can, but several Presidents have done so throughout history. |
| Can Congress declare it? | Yes, Congress can authorize martial law. |
| Can state governors declare it? | Yes, state governors have the power to declare martial law within their states. |
| What laws impact the President's ability to declare martial law? | The Posse Comitatus Act and the Insurrection Act. |
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What You'll Learn
The US President's power to declare martial law
The US Constitution does not explicitly grant the US President the power to declare martial law. The US Constitution also does not define martial law. The power to declare martial law is not derived from any direct authority. Instead, it is believed to come from the government's right, power, and/or duty to "maintain public order" and keep the peace.
Several US Presidents have declared martial law throughout history. In 1861, President Lincoln suspended habeas corpus and civil rights throughout the entire United States. In 1866, the Supreme Court ruled that Lincoln's imposition of martial law was unconstitutional in areas where the local courts were still in session. In 1871, Chicago Mayor Roswell B. Mason declared a state of martial law in response to the Great Chicago Fire. In 1906, San Francisco was placed under martial law after the earthquake. In 1954, Alabama Governor Gordon Persons placed Russell County under martial law due to the pervasive influence of organized crime gangs. In 2006, President George W. Bush signed the John Warner National Defense Authorization Act, which gave the president the power to declare martial law and to take command of the National Guard units of each state without the consent of state governors.
There are two federal laws that impact the US President's ability to declare martial law. The Posse Comitatus Act, enacted in 1878, prevents the US military from participating in civilian law enforcement activities. The Insurrection Act of 1807 allows the president to deploy military forces to put down rebellions within the United States and to help local law enforcement deal with domestic violence.
Some scholars believe that the US President has the executive power to declare martial law, while others argue that the president needs congressional authorization to impose martial law in a civilian area. The Supreme Court has never specifically ruled that the president or federal government can declare martial law.
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State governors' power to declare martial law
While the US Constitution does not define martial law, it is generally understood as the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster, when civilian authority has ceased to function or is absent. 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.
State governors have the power to impose martial law within the borders of their states, and such powers have been exercised throughout history. For example, in June 1954, Alabama Governor Gordon Persons placed Russell County under martial law due to the pervasive influence of organized crime gangs. The National Guard assumed law enforcement duties, shut down gang-controlled establishments, and oversaw lawful elections. In another instance, in May 1961, Governor Patterson of Alabama declared martial law in response to "outside agitators" violating the state's laws and customs, leading to outbreaks of lawlessness and mob action.
State constitutions and laws typically grant governors the authority to suppress rebellions and maintain public order, which can include the declaration of martial law. The "good faith" test, established in Moyer v. Peabody, provided broad powers to state officials during martial law, allowing them to use the military and escape judicial review. However, this test was later abandoned in Sterling v. Constantin, replaced by the direct relation test, which examines whether actions taken are directly related to the purposes of martial law.
It is important to note that the power of martial law has limitations. For instance, civilians cannot be tried by military tribunals as long as civilian courts are functional. Additionally, while a military commander's authority under martial law is extensive, it is not absolute and is subject to court decisions.
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Martial law and the suspension of civil rights
The concept of martial law in the United States refers to instances when a region, state, city, or the entire country is placed under the control of a military body. It is usually declared when civilian authority over an area has stopped functioning, such as in the case of an insurrection or natural disaster. While the US Constitution does not explicitly define martial law, its historical use has shaped its application and boundaries.
Martial law involves the military temporarily assuming authority in place of civilian power. It represents a significant departure from standard practices in the United States, as federal laws typically prevent the military from acting within the country. When martial law is declared, local laws, civil authority, and sometimes local judiciaries are suspended.
The power to declare martial law in the United States has been a subject of debate. While the US Constitution does not explicitly grant the president the authority to declare martial law, several presidents throughout history have done so. The Supreme Court has held that states can declare martial law, and Congress has enacted laws, such as the Posse Comitatus Act and the Insurrection Act, that impact the president's ability to declare martial law.
During the American Civil War, President Abraham Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri. He also suspended habeas corpus and civil rights throughout the United States, which was later ruled unconstitutional by the Supreme Court in the case of Ex parte Milligan.
In more recent times, martial law has been declared in limited, typically local areas of the United States. For example, in 1961, Alabama's governor declared martial law due to "outside agitators" violating the state's laws and customs, leading to civil unrest. In 1962, President Kennedy dispatched federal troops to Mississippi to quell rioting over the admission of an African American student to the University of Mississippi.
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The Insurrection Act and the President's power to deploy the military
The United States Constitution does not define martial law, and it is silent on who can impose it. However, the Insurrection Act of 1807 grants the president the authority to deploy the military within the United States and use it against Americans under certain conditions. The Act allows the president to deploy the military to assist civilian authorities in law enforcement, such as enforcing a federal court order or suppressing an uprising against the government. It is the primary exception to the Posse Comitatus Act, which prevents the military from participating in civilian law enforcement activities.
The Insurrection Act has been invoked in response to 30 crises, and its invocation has sometimes led to the actual deployment of troops. The Act was amended in 2006 to permit military intervention without state consent in an emergency that hindered law enforcement. However, this amendment was repealed in 2008 after all 50 state governors issued a joint statement against it. The Insurrection Act has been criticised as being dangerously vague and in urgent need of reform to define more clearly the situations that may trigger its use.
While the president has the power to deploy the military domestically under the Insurrection Act, the Supreme Court has never specifically held that the president can declare martial law. The Constitution's enumerated war powers give both Congress and the president the power to declare martial law, and the president is the Commander-in-Chief of the military. However, the president's power to declare martial law is unclear, and some scholars argue that they lack the authority to do so.
The Insurrection Act should be used only in a crisis beyond the capacity of civilian authorities to manage. It is meant to assist civilian authorities, not take their place, and the Supreme Court has clarified that federal troops cannot violate constitutional rights when the Act is invoked. The president's ability to declare martial law is further limited by the Guarantee Clause, which only allows unilateral federal action in the case of invasion.
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Historical examples of martial law in the United States
The United States has a long history of declaring martial law, with over 60 instances of it being declared at the federal and state levels. However, the concept of martial law is not well-defined and is often mired in confusion. It generally refers to when the military temporarily takes over the governance of an area from civilian authorities. While the US Constitution does not explicitly define or grant the power to declare martial law, it has been used by presidents, Congress, and state officials in specific circumstances. Here are some notable historical examples of martial law in the United States:
Baltimore, 1861:
In April 1861, secessionists severed railroad links in Baltimore, preventing the passage of federal troops and supplies. The following month, Union General Benjamin Butler entered the city and took over administration from civilian authorities, despite lacking federal authority to do so.
Kentucky, Maryland, and Missouri, 1863:
On September 15, 1863, President Abraham Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri during the US Civil War. This authorization allowed Lincoln to suspend habeas corpus and civil rights across the United States, which he had already done under his own authority in 1861. The Supreme Court later ruled that Lincoln's imposition of martial law by suspending habeas corpus was unconstitutional in areas where local courts were still functioning.
Great Chicago Fire, 1871:
In response to the Great Chicago Fire of 1871, Chicago Mayor Roswell B. Mason declared a state of martial law and placed General Philip Sheridan in charge of the city on October 9, 1871.
West Virginia Coal Wars, 1920-1921:
During the West Virginia Coal Wars, Governor Cornwell dispatched federal troops to Mingo County to deal with striking miners. The army officer in charge acted under the Suspension Clause of Article I of the US Constitution and jailed union miners without trial. This period of military occupation and dictatorship ended with the trial of Sid Hatfield.
Russell County, Alabama, 1954:
In June 1954, Alabama Governor Gordon Persons placed Russell County under martial law due to the pervasive influence of organized crime gangs. The National Guard assumed law enforcement duties, shut down gang-controlled establishments, and oversaw lawful elections.
Civil Rights Movement, 1963:
During the Civil Rights Movement, martial law was declared in response to the Cambridge riot of 1963.
Alabama, 1961:
In May 1961, Governor Patterson of Alabama declared martial law due to the presence of "outside agitators" who were challenging racial segregation in the state. These agitators were peaceful civil rights activists known as the "Freedom Riders."
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Frequently asked questions
Martial law refers to when the military takes over a civilian area and imposes its own rules. This typically happens when civilian authority over an area has stopped functioning, such as in the case of an insurrection or natural disaster.
Yes, the United States can impose martial law. Throughout history, the federal and state governments have declared martial law over 60 times.
The Constitution does not explicitly define when a president can declare martial law, nor does it forbid it. The Supreme Court has never held that the president can declare martial law, but several presidents throughout history have done so.
Yes, in almost all states, the governor can declare martial law. State governors have declared martial law during times of labor unrest and pervasive organized crime.
Two federal laws impact the president's ability to declare martial law: the Posse Comitatus Act and the Insurrection Act. The Posse Comitatus Act prevents the United States military from participating in civilian law enforcement activities. The Insurrection Act allows the president to deploy the military to suppress rebellions and enforce federal laws, but it does not allow them to replace civilian authorities.
