Cecily Zamora
In 2025, rumours circulated on social media that former US President Donald Trump would declare martial law on April 20. This was fuelled by an executive order, signed on January 20, which directed the Department of Defense and Department of Homeland Security to submit a report by April 20 assessing the situation at the southern US border and whether to invoke the Insurrection Act of 1807. However, there was no credible evidence to support these claims, and Trump himself dismissed the idea of martial law as fake news. While the US Constitution does not explicitly grant the president the power to declare martial law, scholars argue that its enumerated war powers give both Congress and the president the authority to do so.
| Characteristics | Values |
|---|---|
| Can Trump still call martial law? | There is no evidence that Trump will declare martial law. |
| What is martial law? | Martial law is a "dramatic departure from normal practice in the United States." It is a power that allows the military to take over the role of civilian government in an emergency. |
| Who can declare martial law? | 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 power to declare martial law. |
| Has martial law ever been declared in the US? | Yes, martial law has been declared at the state level a handful of times, including during World War II and the Civil Rights movement. |
| What happens when martial law is declared? | When federal or state governments declare martial law, they suspend all local laws, civil authority, and sometimes local judiciaries. In their place, the commanding officer substitutes temporary laws and military tribunals. |
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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 can declare martial law per the Constitution's enumerated war powers
- Martial law suspends local laws, civil authority, and judiciaries, giving military commanders unlimited authority
- The Insurrection Act permits the military to assist civilian authorities, not take their place
- The Insurrection Act allows the president to deploy the military to suppress rebellions and civil unrest
The US Constitution does not grant the president power to declare martial law
The US 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". Federal laws usually prevent the military from acting within the country. When martial law is declared, the government assumes governance of the area, and the commanding officer substitutes temporary laws and military tribunals for local laws, civil authority, and judiciaries. This gives the military commander virtually unlimited authority to govern an area.
The US 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. Articles I and II of the Constitution give each branch some control over America's military forces. Article II, Section 2, states:
> The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
The Posse Comitatus Act, passed by Congress in 1878, forbids US military involvement in domestic law enforcement without congressional approval. The Guarantee Clause requires the US 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 grants authority to the federal government as a whole and 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.
The US President and US Congress have the power to impose martial law within certain constraints, as 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. There have been many instances of the use of the military within US borders, but these acts are not tantamount to a declaration of martial law.
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Congress and the president can declare martial law per the Constitution's enumerated war powers
The Constitution of the United States does not define martial law and does not specify who can impose it. However, the Constitution's enumerated war powers of the legislative and executive branches give both Congress and the president the power to declare martial law. Articles I and II of the Constitution give each branch some control over America's military forces. Article II, Section 2, lists the following presidential powers:
> "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."
The commander-in-chief clause establishes that the president is in charge of the army, navy, and state militias. During wartime, "supreme political authority" allows for the valid and constitutional use of martial law. 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. Others believe 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. The Declare War Clause gives Congress exclusive power over both declaring war formally and informally. It is generally understood that martial law allows the military to take over the role of civilian government in an emergency.
In June 2020, former President Trump threatened to send federal forces to quell protests and violence following the death of George Floyd, a matter involving invoking the Insurrection Act. Rumors circulated in April 2025 that Trump would declare martial law on April 20, which he denied.
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Martial law suspends local laws, civil authority, and judiciaries, giving military commanders unlimited authority
Martial law is a "dramatic departure from normal practice in the United States." It is a power that allows the military to take over the role of civilian government in an emergency. When the federal or state governments declare martial law, they suspend all local laws, civil authority, and, sometimes, local judiciaries. In their place, the commanding officer substitutes temporary laws and military tribunals. This gives the military commander virtually unlimited authority to govern an area.
The Constitution does not explicitly grant the president the power to declare martial law. However, scholars argue that the Constitution's enumerated war powers of the legislative and executive branches give both Congress and the president the power to declare martial law. Articles I and II of the Constitution give each branch some control over America's military forces. Article II, Section 2, lists the following presidential powers:
> “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”
The Insurrection Act of 1807 allows the president to deploy military forces to put down rebellions within the United States and deploy the military to help local law enforcement deal with domestic violence. The act also allows the president to deploy troops to enforce the law in specific situations. The Insurrection Act is the "primary exception to the Posse Comitatus Act," which limits the duties that the military may perform when assisting civilian police.
During wartime, "supreme political authority" allows for the valid and constitutional use of martial law. Martial law has been declared nine times since World War II, and in five instances, it was designed to counter resistance to federal desegregation decrees in the South. In 1934, California Governor Frank Merriam placed the docks of San Francisco under martial law, citing "riots and tumult" resulting from a dock worker's strike. In 1914, the imposition of martial law climaxed during the Colorado Coalfield War. More recently, in 2025, there were rumors that then-President Trump would declare martial law on April 20.
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The Insurrection Act permits the military to assist civilian authorities, not take their place
In 2025, there were rumours that former US President Donald Trump would declare martial law on April 20. This was fuelled by a Jan. 20 executive order declaring a national emergency at the southern U.S. border. One part of the order stated that the secretaries of defence and homeland security would issue a joint report by April 20, which included guidance on "whether to invoke the Insurrection Act of 1807." Trump, however, denied the speculations, tweeting, "Martial law = Fake News. Just more knowingly bad reporting!"
The Insurrection Act of 1807 permits the president to deploy the military to assist civilian authorities with law enforcement. It is the primary exception to the Posse Comitatus Act, which prevents the military from acting within the country. The Insurrection Act allows the president to deploy the military domestically and use it for civilian law enforcement. It authorises the president to deploy military forces inside the United States to suppress rebellion or domestic violence or to enforce the law in certain situations.
The Insurrection Act does not authorise martial law. Martial law is a "dramatic departure from normal practice in the United States," according to national security law scholar Joseph Nunn. It gives the military commander virtually unlimited authority to govern an area, allowing the military to take over the role of civilian government in an emergency. By contrast, the Insurrection Act permits the military to assist civilian authorities (whether state or federal) and not take their place. Under current law, the president has no authority to declare martial law.
The Insurrection Act has been criticised for being dangerously vague and in urgent need of reform. It grants the president significant power to decide when and where to deploy the military. The act's language, such as "any insurrection, domestic violence, unlawful combination, or conspiracy," is broad and can be interpreted to allow the president to invoke the act to address any conspiracy, large or small, including protests or petty criminal acts. The act also includes the phrase "by any other means," which further adds to the vagueness and leaves open the possibility of a force not formally under the Department of Defense being authorised to act under the act.
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The Insurrection Act allows the president to deploy the military to suppress rebellions and civil unrest
The Insurrection Act of 1807 is a federal law that empowers the US president to deploy the military and federalize National Guard units to suppress civil disorder, insurrection, and armed rebellion against the federal government. The Act, which replaced the Calling Forth Act of 1792, has been invoked in response to 30 crises, including civil rights movements, labour disputes, and civil unrest.
The Act is divided into three sections, each designed for different situations. Section 251 allows the president to deploy troops if a state requests federal aid to suppress an insurrection. This provision requires state consent and has been the most frequently invoked. Sections 252 and 253 permit the president to deploy troops without state consent to enforce laws and protect constitutionally secured rights. The Insurrection Act is an exception to the Posse Comitatus Act, which limits the president's ability to deploy the military for law enforcement.
The Insurrection Act has been criticised for its vague language and lack of clear standards, granting the president significant discretion in deploying troops. In 2020, Senator Richard Blumenthal introduced the CIVIL Act to restrict presidential powers under the Insurrection Act, requiring consultation with Congress and limiting deployment without authorisation.
In June 2020, President Donald Trump threatened to invoke the Insurrection Act in response to protests and violence following the death of George Floyd. However, Trump later denied plans to declare martial law, and no such action was taken. While the president has the power to deploy the military domestically, they do not have the authority to declare martial law, which involves the military taking over civilian governance.
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Frequently asked questions
No, Trump cannot call martial law. The president has no authority to declare martial law.
Martial law is a power that allows the military to take over the role of civilian government in an emergency. Under martial law, constitutional rights such as freedom of assembly, speech, and due process may be suspended, and civilian courts can be replaced by military tribunals.
Yes, martial law has been declared in the United States at the state level a handful of times, including during World War II and the Civil Rights movement. It has not been invoked at the national level since the Civil War.
The Insurrection Act is a set of federal laws that grant the president the authority to deploy U.S. military or National Guard forces domestically in response to rebellions, civil unrest, or obstruction of federal law.
