Gavin Howe
The United States Constitution and founding documents do not mention martial law, nor has Congress passed a law specifying when martial law can be declared. However, in nearly every state, the governor has the power to impose martial law within the borders of the state. The US President can call on the military to help local governments after a natural disaster, but this is not the same as declaring martial law. The Posse Comitatus Act makes it unlawful for federal military forces to engage in civilian law enforcement activities unless expressly authorized by Congress. The US President does not have the power to declare martial law, but state governors can, and federal courts are likely to defer to their decision.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | In nearly every state, the governor has the power to impose martial law within the borders of the state. |
| How is martial law imposed? | By suspending all local laws, civil authority, and sometimes, local judiciaries. In their place, the commanding officer substitutes temporary laws and military tribunals. |
| What is the purpose of declaring martial law? | To create order and control the population to achieve a higher goal. Ideally, it is used to maintain order when a high number of U.S. citizens are unable to function or become ineffective. |
| How many times has martial law been declared? | Martial law has been declared nine times since World War II and at least 68 times in history. |
| When was martial law declared? | Martial law was declared twice for war or invasion, seven times for domestic war or insurrection, eleven times for riot or civil unrest, 29 times for labor dispute, four times for natural disaster, and fifteen times for other reasons. |
| Can the US President declare martial law? | The US President does not have the authority to declare martial law. |
| Can the US Congress declare martial law? | The US Congress has the power to impose martial law. |
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What You'll Learn
- US governors have declared martial law to suppress insurrection and civil unrest
- Martial law has been imposed by US governors in response to natural disasters
- The US President can deploy the military domestically to enforce federal laws
- The US Constitution does not grant the President the power to declare martial law
- Martial law gives military commanders virtually unlimited authority to govern an area
US governors have declared martial law to suppress insurrection and civil unrest
US governors have the power to impose martial law within the borders of their state. Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. Of these, 11 instances were in response to riots or civil unrest.
In 1871, Chicago mayor Roswell B. Mason declared a state of martial law and placed General Philip Sheridan in charge of the city in the aftermath of the Great Chicago Fire. Martial law was also declared in Omaha during the Omaha race riot of 1919 and in Lexington in 1920. In 1914, the imposition of martial law climaxed during the Colorado Coalfield War, resulting in the Ludlow Massacre. In 1917, the Spokane office of the Industrial Workers of the World was raided, and leaders were arrested, and martial law was declared. In 1934, martial law was declared during the West Coast waterfront strike.
In 1941, the territorial governor of Hawaii, Joseph Poindexter, declared martial law after the Japanese attack on Pearl Harbor. In 1963, during the Civil Rights Movement, martial law was declared in response to the Cambridge riot. More recently, in 1992, the governor of California, Pete Wilson, requested military aid from President George H.W. Bush in response to civil unrest in Los Angeles that followed the acquittal of four white police officers charged with beating Black motorist Rodney King.
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Martial law has been imposed by US governors in response to natural disasters
In the United States, martial law has been imposed by governors in response to natural disasters. While the US President can call on the military to assist local governments in the aftermath of a natural disaster, their role is usually limited. When martial law is declared, the government assumes control of the area, suspending local laws, civil authority, and sometimes the local judiciary. The military commander is then given virtually unlimited authority to govern the area.
Throughout history, martial law has been imposed at least 68 times in limited, typically local areas of the US. Of these, four instances were in response to natural disasters. One of the earliest examples of martial law being imposed in response to a natural disaster was in 1900, when the Akron Riot took place. In the same year, the governor of Galveston imposed martial law following a hurricane. In 1871, Chicago mayor Roswell B. Mason declared martial law after the Great Chicago Fire. In addition, in 1906, martial law was imposed following the San Francisco earthquake.
In 1944, the federal government declared martial law to restore civilian rule in Hawaii. This was the last time the federal government declared martial law. More recently, in 1963, Maryland Governor J. Millard Tawes imposed martial law in Cambridge for over a year in response to clashes between racial justice advocates and segregationists.
Although the US President and Congress have the power to impose martial law at a national level, it is usually the state governor who has the power to impose it within the borders of their state. State constitutions allow the governor or legislature to impose martial law, and federal courts are likely to defer to the governor's decision.
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The US President can deploy the military domestically to enforce federal laws
The Insurrection Act is made up of three sections, each designed for a different set of situations. Section 251 requires state consent for the deployment of troops, while Sections 252 and 253 allow the president to deploy troops without the affected state's consent. Section 252 permits deployment to enforce federal laws or suppress rebellion when it is "impracticable" to do so through regular means. Section 253 allows for the use of military force to suppress "any insurrection, domestic violence, unlawful combination, or conspiracy" that obstructs the execution of US laws or impedes the course of justice.
The John Warner National Defense Authorization Act for Fiscal Year 2007, signed into law by President George W. Bush, also gives the president the power to declare martial law and deploy the military to restore public order and enforce federal laws in the event of a natural disaster, terrorist attack, or other serious public health emergency. This Act was invoked by President Trump in 2020 when he deployed the DC National Guard to police protests in Washington, DC.
It is important to note that the Posse Comitatus Act does not restrict the US Coast Guard, which can enforce federal law even during peacetime. Additionally, the Military Cooperation with Civilian Law Enforcement Agencies Act of 1981 clarified that the military can assist domestic law enforcement agencies in combating drug smuggling and provides for supportive and technical assistance, such as surveillance and intelligence support.
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The US Constitution does not grant the President the power to declare martial law
The US Constitution does not explicitly grant the President the power to declare martial law. The Supreme Court has never ruled that the President or federal government can declare martial law. However, almost all state constitutions allow the state governor or legislature to impose martial law. The Posse Comitatus Act, enacted by Congress in 1878, prevents the US military from participating in civilian law enforcement activities. This strengthens the separation of powers between Congress and the President. The Insurrection Act of 1807 allows the President to deploy military forces to put down rebellions within the US and to help local law enforcement deal with domestic violence.
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. Congress may be the only governmental branch that can legally declare martial law, and the President can only act according to its actions. The Constitution Annotated notes that there are two competing theories regarding the source of the power to declare martial law. Martial law does not come from any direct authority but arises from the nature of things, being the law of paramount necessity. In other words, it comes from the government's right, power, and/or duty to "maintain public order" and keep the peace.
Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. Martial law has been declared nine times since World War II. In five of these instances, it was used to counter resistance to federal desegregation decrees in the South. In nearly every state, the governor has the power to impose martial law within the borders of the state. City mayors and generals within states' National Guard forces have also declared martial law on occasion.
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Martial law gives military commanders virtually unlimited authority to govern an area
In the United States, martial law usually refers to a power that, in an emergency, allows the military to take the place of the civilian government and exercise jurisdiction over civilians in a particular area. When the federal or state governments declare martial law, they suspend all local laws, civil authority, and sometimes, local judiciaries. The imposition of martial law 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. The Posse Comitatus Act makes it illegal for federal military forces to participate in civilian law enforcement activities. However, the Insurrection Act gives the president the authority to deploy the military to assist civilian authorities with law enforcement activities. In some scenarios, a deployment of troops under these statutes might appear similar to a declaration of martial law.
The Supreme Court has never specifically ruled that the president or federal government can declare martial law. However, almost all state constitutions allow the state governor or legislature to impose martial law. The power of martial law, once held to be nearly absolute, has limitations. For example, civilians may not be tried by military tribunals as long as civilian courts are functional. Nonetheless, within the bounds of court decisions, a military commander's authority under martial law is virtually unlimited.
Martial law has been declared nine times since World War II and, in five instances, was designed to counter resistance to federal desegregation decrees in the South. In the United States, martial law has been imposed at least 68 times, in limited, usually local areas. It has been declared twice for war or invasion, seven times for domestic war or insurrection, eleven times for riot or civil unrest, 29 times for labour dispute, four times for natural disaster, and fifteen times for other reasons.
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Frequently asked questions
Yes, in nearly every state, the governor has the power to impose martial law within the borders of the state.
Martial law is a vague legal term for when military authorities take control of civil governance and law enforcement. During martial law, the executive or military leaders may suspend certain civil liberties.
No, the US president does not have the authority to declare martial law. However, the president can deploy military forces domestically to suppress insurrections, rebellions, or domestic violence.
Martial law has been declared at least 68 times in limited, usually local areas of the US. Notable instances include the Great Chicago Fire of 1871, the San Francisco earthquake of 1906, and the Omaha race riot of 1919.
