Kara Sears
Rumors have been circulating on social media platforms, including TikTok and Facebook, that former US President Donald Trump will declare martial law. These rumors are based on a signed executive order that has triggered debate over a possible use of the Insurrection Act, which grants the president the authority to deploy US military or National Guard forces domestically in response to rebellions, civil unrest, or obstruction of federal law. However, there is no credible evidence to support these claims, and Trump himself has denied the possibility of declaring martial law. While the president has extensive authority to deploy the military domestically, the power to declare martial law rests with Congress, not the president, according to some scholars and the Brennan Center for Justice.
| Characteristics | Values |
|---|---|
| Can Trump declare martial law? | There is no evidence that Trump will declare martial law. Trump himself has denied this claim. |
| Can the President declare martial law? | The Constitution does not explicitly grant the President the power to declare martial law. However, some scholars argue that the Constitution's enumerated war powers give both Congress and the President the power to declare martial law. |
| What is martial law? | Martial law is a "dramatic departure from normal practice in the United States." It involves the government assuming governance of an area, suspending local laws, civil authority, and sometimes local judiciaries. |
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What You'll Learn
- The US Constitution does not grant the president power to declare martial law
- Congress and the president have the power to declare martial law
- Martial law suspends local laws, civil authority, and judiciaries
- Trump threatened to send federal forces to quell protests following George Floyd's death
- Trump's executive order on Inauguration Day directed the Department of Defense to submit a report by April 20
The US Constitution does not grant the president power to declare martial law
The US Constitution does not explicitly grant the president the power to declare martial law. While Articles I and II of the Constitution give the legislative and executive branches some control over America's military forces, the Constitution Annotated notes that there are two competing theories regarding the source of the power to declare martial law. It suggests that martial law does not come from any direct authority but instead "arises from the nature of things, being the law of paramount necessity".
The US Constitution does not define martial law and is silent as to who can impose it. However, the modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances". Some scholars believe the president has the executive power to declare martial law, while others believe the president needs congressional authorization to impose martial law in a civilian area.
The Guarantee Clause requires the United States to "protect each [state] against Invasion; and on Application of the Legislature, or the Executive (when the Legislature cannot be convened) against domestic Violence". This language is less clear-cut than the Calling Forth Clause, but it certainly does not constitute a “conclusive and preclusive” commitment of power to the executive. Instead, it grants authority to the federal government as a whole. Furthermore, it only allows unilateral federal action in the case of invasion. In the event of “domestic violence”, the affected state must request help before the federal government can act.
State officials have sometimes declared martial law in response to violent civil unrest or natural disasters, such as the Akron Riot of 1900 or the 1900 Galveston hurricane. They have also used martial law to break labor strikes on behalf of business interests. For example, in September 1903, Colorado Governor James Peabody declared martial law in Cripple Creek and Telluride to break a peaceful strike by the Western Federation of Miners.
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Congress and the president have the power to declare martial law
The US Constitution does not explicitly grant the president the power to declare martial law. However, according to some scholars, the president has the executive power to declare martial law. They base this on the Constitution's enumerated war powers, which give the legislative and executive branches control over America's military forces.
Others argue that the president needs congressional authorization to impose martial law in a civilian area. This is because the Posse Comitatus Act, passed by Congress in 1878, creates a general rule that it is unlawful for federal military forces to engage in civilian law enforcement activities without congressional approval.
Congress has legislated extensively regarding the domestic use of the military, implying that it has "occupied the field" and may be the only governmental branch that can legally declare martial law.
The Supreme Court has never explicitly ruled on whether the president or federal government can declare martial law. However, the Court has implied that the federal government can declare it but has never stated this conclusively.
On a national level, both the US President and Congress have the power, within certain constraints, to impose martial law as both can be in charge of the militia.
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Martial law suspends local laws, civil authority, and judiciaries
There is no evidence that former President Trump declared martial law, despite rumors on social media platforms such as TikTok and Facebook. In fact, Trump himself responded to these rumors, calling them "fake news."
Nevertheless, it is important to understand what martial law entails. Martial law is a "dramatic departure from normal practice in the United States." It involves the suspension of local laws, civil authority, and judiciaries, and the substitution of temporary military rule. This means that constitutional rights such as freedom of assembly, speech, and due process may be suspended, and civilian courts can be replaced by military tribunals. The military commander is given virtually unlimited authority to govern an area.
In the United States, the president has extensive authority to deploy the military domestically, particularly in response to rebellions, civil unrest, or obstruction of federal law. This is known as the Insurrection Act. However, it is important to note that the Insurrection Act is not the same as declaring martial law. The Insurrection Act allows the military to assist civilian authorities, not take their place.
While the Constitution's enumerated war powers grant Congress and the president some control over America's military forces, the Constitution does not explicitly grant the president the power to declare martial law. In fact, the legislative history of the Insurrection Act indicates that Congress considered and chose not to authorize the president to declare martial law.
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Trump threatened to send federal forces to quell protests following George Floyd's death
In the United States, the Constitution does not explicitly grant the president the power to declare martial law. However, scholars argue that the Constitution's enumerated war powers give both Congress and the president the authority to declare martial law.
In June 2020, amidst the growing civil unrest following the death of George Floyd, President Donald Trump threatened to send federal forces to quell the protests. Trump stated that if cities and states failed to control the protests and "defend their residents," he would deploy the military to "quickly solve the problem for them." He described the scenes of looting and violence in the capital as "a total disgrace" and pledged to bolster the city's defenses. Trump called on cities and states to deploy the National Guard in sufficient numbers to "dominate the streets."
Trump's address, which took place in the White House Rose Garden, was met with criticism from various groups. Presidential candidate Joe Biden criticized Trump for "serving the passions of his base" and referenced the US Constitution, which guarantees protestors' freedom to assemble. Washington's Episcopalian bishop, Mariann Budde, also condemned Trump's actions, stating that he took sacred symbols and stood in front of a house of prayer, expecting a celebratory moment.
Trump's response to the protests was also marked by his failure to publicly condemn police brutality and racism in the wake of Floyd's death. Instead, he emphasized his support for law enforcement and referred to the officer who killed Floyd as "a bad apple." Trump's actions and statements during this time fueled the perception that his approach to the ongoing crisis would be a further escalation of force.
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Trump's executive order on Inauguration Day directed the Department of Defense to submit a report by April 20
On Inauguration Day, 20 January 2025, Donald Trump signed a slew of executive orders. One of these executive orders declared a national emergency at the southern U.S. border, triggering the deployment of U.S. military forces. The order directed the secretaries of defense and homeland security to issue a joint report within 90 days, which was by 20 April. This report was to include guidance on whether to invoke the Insurrection Act of 1807.
The executive order did not explicitly mention the words "martial law". However, speculation arose that Trump would use the Insurrection Act to declare martial law on 20 April. This speculation was fuelled by a series of articles written by a blogger called Aletheisthenes, who predicted several chronological steps following the invocation of the act and martial law, including "expanded martial law", arrests of journalists and politicians, military takeovers of major U.S. cities, press censorship, closed borders, and postponed elections.
Trump responded to these rumours on Twitter, stating: "Martial law = Fake News. Just more knowingly bad reporting!" He also denied the rumours by threatening in June 2020 to send federal forces to quell protests and violence following the death of George Floyd, which would have involved invoking the Insurrection Act.
It is important to note that, according to national security law scholar Joseph Nunn, the term "martial law" is not explicitly defined in the U.S. Constitution, and the president does not have the authority to declare it.
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Frequently asked questions
No, Trump cannot declare martial law. The Constitution does not grant the president the power to declare martial law.
Martial law is a "dramatic departure from normal practice in the United States." It involves the government suspending all local laws, civil authority, and judiciaries, and assuming governance of an area.
The Insurrection Act allows the president to deploy the U.S. military or National Guard forces domestically in response to rebellions, civil unrest, or obstruction of federal law.
Trump called the rumors that he would declare martial law "Fake News."
