Gavin Howe
Martial law refers to the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster. In the United States, martial law may be declared by the President, Congress, or a State governor. However, the President's authority to declare martial law is disputed, with some arguing that it is not explicitly granted by the Constitution. Throughout history, martial law has been declared in various states and regions within the United States, as well as in other countries like the Philippines, often in response to civil unrest, disasters, or other exceptional circumstances.
| Characteristics | Values |
|---|---|
| Who can declare martial law | The US President, US Congress, State governors, and State legislatures can declare martial law |
| Who cannot declare martial law | The President does not have the authority to declare martial law without Congress's authorization |
| What is martial law | Military rule imposed in a region, state, city, or country, replacing civilian authority |
| When is martial law imposed | During times of war, rebellion, natural disaster, or civil disorder |
| What happens during martial law | Local laws, civil authority, and judiciaries are suspended; the military commander has unlimited authority to make and enforce laws |
| Examples of martial law in the US | New Orleans during the Battle of New Orleans, Hawaii after the attack on Pearl Harbor, West Virginia during the Coal Wars, Idaho during the Coeur d'Alene strike, Alabama's Russell County due to gang violence |
| Examples of martial law outside the US | Philippines under Marcos in 1972 |
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What You'll Learn
Who can declare martial law?
In the United States, the US Constitution does not explicitly define who can declare martial law, and neither does it specifically forbid it. The US Constitution and founding documents also do not mention martial law, and Congress has not passed a law specifying when martial law can be declared. However, the modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances".
Some scholars believe that the president has the executive power to declare martial law, while others believe 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 action.
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 the United States, martial law has been used in a limited number of circumstances, such as in New Orleans during the Battle of New Orleans, after major disasters, such as the Great Chicago Fire of 1871, and during riots, such as the Omaha race riot of 1919.
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What happens when martial law is declared?
Martial law is the temporary replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It is often declared in times of war, rebellion, civil unrest, natural disasters, or military coups d'état. When martial law is in effect, the military commander of an area or country has virtually unlimited authority to make and enforce laws, and standard civil liberties may be suspended.
In the United States, both the President and Congress have the power to impose martial law, as they can be in charge of the militia. However, the President cannot declare it unilaterally and requires Congressional authorization. Nearly every state also has a constitutional provision authorizing the governor to impose martial law within the state's borders. While the U.S. Constitution does not make a specific provision for the imposition of martial law, it has been used in limited circumstances, such as after major disasters or during riots and civil rights movements to protect against mob violence.
During times of martial law, the military may be used to reinforce local police or effectively replace them. In some instances, the military has been used to impose the will of state or local officials rather than to enforce the law. For example, during the West Virginia Coal Wars (1920-1921), martial law was declared, and union miners were jailed without any trial. In other cases, martial law has been used to counter resistance to federal desegregation decrees in the South.
On a global scale, martial law has been declared in various countries, including Azerbaijan during the 2020 Nagorno-Karabakh war, Brunei following a rebellion in 1962, and Syria between 2011 and 2011 following a state of emergency. In some cases, martial law has been used as a rationale to enforce rule over the public, as seen in Pakistan.
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Martial law in US history
In the United States, martial law refers to the temporary placement of a region, state, city, or the entire country under the control of a military body. The US Constitution does not define martial law, and it is silent on who can impose it. However, the modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances."
Throughout US history, the federal and state governments have declared martial law over 60 times. The first use of martial law occurred in 1814, near the end of the War of 1812, when General Andrew Jackson, who later became the seventh president, declared martial law in New Orleans to defend against a British invasion. After successfully leading the defence of the city, Jackson continued to enforce martial law for two months. In 1815, the Louisiana Supreme Court referred to Jackson's use of martial law as "trampling upon the Constitution and laws of our country."
In 1863, President Abraham Lincoln imposed Congressionally-authorized martial law on Kentucky, Maryland, and Missouri during the American Civil War. Lincoln's proclamation allowed him to suspend habeas corpus and civil rights throughout the US, which he had already done under his authority in 1861. The suspension was applied to "prisoners of war, spies, or aiders and abettors of the enemy," as well as draft dodgers. 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 operational.
In the 1900s, the use of martial law continued, with several notable instances. In 1903, Colorado Governor James Peabody declared martial law in Cripple Creek and Telluride to break a peaceful strike by the Western Federation of Miners. The Colorado National Guard conducted mass arrests, ignored state court orders to release the prisoners, and detained people in open-air bull pens. In 1906, federal troops were pressed into martial law service in San Francisco following the earthquake, and all dynamite was confiscated to destroy buildings to prevent the spread of fires. In 1914, the imposition of martial law climaxed during the Colorado Coalfield War, with the governor proclaiming martial law, which eventually resulted in the Ludlow Massacre.
In the 1930s, Oklahoma Governor William "Alfalfa Bill" Murray declared martial law at least 6 times and perhaps more than 30 times during his tenure. Additionally, Georgia Governor Eugene Talmadge declared martial law "in and around" the state Highway Board headquarters in 1933. The use of martial law has continued in more recent decades, with notable instances in the Civil Rights Movement and various responses to riots and natural disasters.
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Martial law in the Philippines
Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. When martial law is in effect, military commanders have unlimited authority to make and enforce laws, and all existing laws, civil authority, and the ordinary administration of justice are suspended.
In the Philippines, the president, as head of state and commander-in-chief of the armed forces, may declare martial law "in case of invasion or rebellion, when public safety requires it." Typically, the imposition of martial law is accompanied by curfews, the suspension of civil rights, habeas corpus, and the application or extension of military law or military justice to civilians. Civilians who defy martial law may be subjected to military tribunals or court-martial.
The Philippines has a long history of martial law declarations, dating back to the Spanish colonial period and continuing through the American colonial period and the post-independence era. For example, in April 1871, Governor-General Rafael de Izquierdo declared martial law in the provinces of Cavite and Pampanga as a measure against banditry. During the Philippine Revolution in 1896, Governor-General Ramon Blanco declared martial law in eight provinces, including Manila, Bulacan, Cavite, and Nueva Ecija. In 1900, Military Governor General Arthur MacArthur Jr. placed the country under martial law, and it was again proclaimed in Leyte in 1907.
One of the most significant periods of martial law in the Philippines began in September 1972 when President Ferdinand Marcos announced that he had placed the entire country under martial law. Marcos cited the "'communist threat' posed by the newly founded Communist Party of the Philippines (CPP) and the sectarian "rebellion" of the Muslim Independence Movement (MIM) as reasons for his declaration. This marked the beginning of a 14-year period of one-man rule, which was characterized by human rights abuses, extrajudicial killings, torture, disappearances, and incarcerations. Marcos used martial law to consolidate power, extend his tenure beyond the two presidential terms allowed by the 1935 constitution, and hide secret stashes of wealth.
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The Insurrection Act and martial law
The Insurrection Act, enacted in 1792, grants the president the authority to deploy the US military domestically and use it for civilian law enforcement. The Act has been invoked numerous times throughout American history for a variety of purposes, including responses to early rebellions against federal authority, the Civil War, and labour disputes.
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 against the government. It is the primary exception to the Posse Comitatus Act, which forbids the US military from taking part in civilian law enforcement. The Insurrection Act temporarily suspends this rule when the country faces a rebellion, political violence, or other major incidents.
Legal experts have long called for a reform of the Insurrection Act, arguing that it is "archaic" and "dangerously vague". There are concerns that the Act is "dangerously overbroad and ripe for abuse". In 2020, Senator Richard Blumenthal introduced the CIVIL Act (Curtailing Insurrection and Violations of Individuals' Liberties Act) to restrict presidential authorities outlined in the Insurrection Act. The legislation sought to require the President to consult with Congress before invoking the Act and restrict the activation of troops under the Act to fourteen days without explicit congressional authorization.
It is important to note that invoking the Insurrection Act is not the same as declaring martial law. Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws, and many civil liberties can be suspended. While the US Constitution does not explicitly allow for martial law, almost every state has a provision in its constitution enabling it. Under current law, the president has no authority to declare martial law.
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Frequently asked questions
The US President does not have the authority to declare martial law. While Articles I and II of the Constitution give the President some control over America's military forces, the Constitution does not explicitly grant the President the power to declare martial law.
On a national level, both the US President and the US Congress have the power, within certain constraints, to impose martial law. In nearly every state, the governor has the power to impose martial law within the borders of the state.
When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws. Martial law suspends all existing laws, as well as civil authority and the ordinary administration of justice.
