Cameron Miranda
Martial law is a complicated and unsettled legal concept that involves the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster. Martial law has been declared more than 60 times in US history, mostly by state and local officials. In the US, the President and Congress have the power to impose martial law, and in nearly every state, the governor can also impose it within their state's borders. While the US Constitution does not explicitly provide for the imposition of martial law, nearly every state has a constitutional provision authorizing its government to impose it. The exact scope and limits of martial law are dangerously unclear, and the term has been used to describe a wide variety of actions, practices, and roles for the military.
| Characteristics | Values |
|---|---|
| Who can declare martial law | The US President, US Congress, State governor, or State officials |
| Where has martial law been declared | Boston, Virginia, New York, Coeur d'Alene (Idaho), Hawaii, Russell County (Alabama), New Orleans, Montreal, China, Thailand, Egypt, Poland, the UK, and various US states |
| Reasons for declaring martial law | Violent civil unrest, natural disasters, coups, popular protests, to suppress political opposition, or to stabilise insurrections |
| Powers granted by martial law | Military authority replaces civilian rule, military commander gains unlimited authority to make and enforce laws, normal checks and balances are suspended, civil authority is suspended, and the military can set up tribunals |
| Limitations | Civilians cannot be tried by military tribunals as long as civilian courts are functional, and constitutional rights cannot be suspended or violated |
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What You'll Learn
Who can declare martial law?
In the United States, martial law may be declared by proclamation of the President or a State governor, but such a formal proclamation is not necessary. Although the U.S. Constitution makes no specific provision for the imposition of martial law, nearly every State has a constitutional provision authorizing the government to impose martial law. 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.
However, some sources argue that the president lacks the authority to declare martial law. Congress might be able to authorize a presidential declaration of martial law, but this has not been conclusively decided. State officials do have the power to declare martial law, but their actions under the declaration must abide by the U.S. Constitution and are subject to review in federal court. The reality is that the president has ample authority under current law to deploy troops to assist civilian law enforcement.
Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. It 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.
In other countries, martial law has been declared in Bangladesh, China, Canada, India, and the Philippines.
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Martial law in the US
Martial law in the United States refers to the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster. Historically, martial law has been imposed at least 68 times in limited, typically local areas of the US.
Martial law has been declared in the US for various reasons, including war or invasion (twice), domestic war or insurrection (seven times), riot or civil unrest (eleven times), labour dispute (29 times), and natural disaster (four times). Notable instances of martial law include the Battle of New Orleans, the Great Chicago Fire of 1871, the 1906 San Francisco earthquake, the Omaha race riot of 1919, and the Civil Rights Movement.
The ability to suspend habeas corpus, the right to a hearing and trial on lawful imprisonment, is related to the imposition of martial law. Article 1, Section 9 of the US Constitution states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." In 1878, Congress passed the Posse Comitatus Act, which prohibits US military involvement in domestic law enforcement without congressional approval.
While the President of the United States or a State governor may declare martial law, such an act would be limited by a dense network of rules and court decisions. Any deployment of the military under martial law would need to be expressly authorized by Congress. Furthermore, the Posse Comitatus Act restricts federal military forces from engaging in civilian law enforcement activities unless expressly authorized by Congress.
In recent times, there have been speculations about former President Donald Trump declaring martial law in 2025. These rumours were sparked by an executive order signed by Trump on Inauguration Day, which directed the Department of Defense and Department of Homeland Security to submit a report within 90 days regarding the potential invocation of the Insurrection Act of 1807. However, there was no credible evidence to support these claims, and the order was focused on operational control of the southern border rather than broader civil or domestic unrest.
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Martial law in other countries
Martial law has been declared and enforced in several countries throughout history, and it is often described as a "tool that strongmen use as a pretext." While it is supposed to be a temporary state of military rule during emergencies, it has been exploited by both authoritarian governments and democracies to suppress political opposition, infringe on civil liberties, or hold onto power. Here are some examples of martial law in different countries:
Philippines: Ferdinand Marcos, who became president in 1965, declared martial law in September 1972. He claimed it was necessary to address rising disorder due to violent student demonstrations and alleged threats from the Communist Party of the Philippines (CPP) and the Moro National Liberation Front (MNLF). Marcos closed all newspapers and broadcasting stations, abolished Congress, and arrested opposition politicians. The declaration of martial law in the Philippines led to the brutal suppression of any opposition to the Marcos regime, with tens of thousands of Filipinos from various sectors being arbitrarily arrested, detained, tortured, or executed.
United States: During the Civil War, Abraham Lincoln authorised the use of military tribunals instead of civilian courts to try suspected Confederate sympathizers. This extended to rebels, insurgents, and anyone discouraging volunteer enlistments or resisting the militia draft within the United States.
Egypt: In 2013, Egypt experienced a period of martial law following a coup d'état. In the 1990s, the Egyptian government used vaguely worded press laws to censor publications and take journalists to court.
China: In 1989, China imposed martial law during the Tiananmen Square protests, where people demanded freedom of speech and press freedom from the Chinese government.
Poland: Poland experienced martial law in the years preceding the fall of Communism. During this period, the media and audiences were subjected to controlled news, but an underground press emerged, contributing to the rise of the opposition.
South Korea: In 2025, South Korea's President Yoon Suk Yeol declared martial law, citing the need to defend against nuclear-armed North Korea and pro-North anti-state forces. However, critics viewed this as an attempt to suppress political opponents, and the declaration was met with widespread protests and clashes with law enforcement.
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The legality of martial law
In the United States, for instance, there is no explicit constitutional right for the federal government to declare martial law. However, legal scholars often interpret US law as allowing for its implementation in times of necessity. Historically, martial law has been imposed in limited circumstances, such as during the Battle of New Orleans, after major disasters like the Great Chicago Fire of 1871, or in response to riots and civil rights movements. The US President and Congress have the power to impose martial law, and governors of nearly every state also possess this authority within their borders.
The Posse Comitatus Act, passed by Congress in 1878, is a crucial piece of legislation that limits the involvement of the US military in domestic law enforcement without congressional approval. This act has been widely used in emergency situations, even though its constitutionality remains debated. Similarly, the Insurrection Act outlines the specific circumstances under which federal forces may be deployed domestically.
In other countries, the legality of martial law varies. For example, in China, the Beiyang government's draft constitution included provisions for martial law, modelled on Japan's Meiji Constitution. In Egypt, the military's declaration of martial law in 2013 resulted in the dissolution of parliament and the suspension of the constitution, with military announcements serving as the sole legal framework. In contrast, the United Kingdom's House of Lords ruled in 1921 that sentences by military tribunals during the Irish War of Independence were void due to the superseding power of the Restoration of Order in Ireland Act 1920.
While the declaration of martial law may arise from necessity, it is often a contentious issue that raises questions about the balance of power between civilian authorities and the military. The legality of martial law depends on the specific country's constitution, historical context, and the interpretation of relevant laws.
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The history of martial law
One of the earliest examples of martial law in history occurred during the American Revolutionary period when British authorities imposed it in several instances to suppress colonial resistance. Notable instances include Boston in 1774 after the Boston Tea Party, and Virginia in 1775, where Lord Dunmore, the royal governor, offered freedom to those who joined the British forces against the rebelling colonists.
In the 19th and early 20th centuries, martial law was declared in the United States during events such as the Battle of New Orleans, the Great Chicago Fire of 1871, the San Francisco earthquake of 1906, and various riots and strikes. During World War II, Hawaii was placed under martial law following the Japanese attack on Pearl Harbor in 1941.
In more recent times, martial law has been imposed in various countries facing political instability or civil unrest. For example, Taiwan was under martial law from 1949 to 1987 to suppress Communist activities after the Chinese Nationalist government retreated to the island. In the Philippines, Ferdinand Marcos declared martial law in 1972, consolidating power and cracking down on opposition politicians, which led to a series of economic woes and a growing separatist rebellion. In 2009, the Philippine province of Maguindanao was again placed under martial law following a massacre implicating the powerful Ampatuan clan.
Other instances of martial law in recent decades include Syria from 1967 to 2011, Egypt from 1967 to 2021, and Azerbaijan during the 2020 Nagorno-Karabakh war. In each case, martial law was associated with the suppression of dissent, the granting of additional powers to the executive, and the suspension of civil liberties.
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Frequently asked questions
Martial law is the use of military personnel to dramatically assist or replace a nation's normal legal system in times of emergency. It is usually invoked in times of war, rebellion, or natural disaster.
In the United States, martial law may be declared by the US President, a State governor, or the US Congress. In nearly every state, the governor has the power to impose martial law within the borders of the state.
During martial law, 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.
Martial law has been declared numerous times throughout history, including in Boston in 1774, Virginia in 1775, and New York in 1776. More recently, martial law was declared in Idaho in 1892, Hawaii during World War II, and Russell County, Alabama in 1954.
