Keith Mack
Martial law is a legal term for when military authorities take control of civil governance and law enforcement. While there is no universal definition, it often refers to the use of the military for law enforcement. In the United States, martial law has been declared for a state or other locality under various circumstances, including after a direct foreign attack, after a major disaster, in response to violent civil unrest, and in response to chaos associated with protests and mob action. It has also been declared by renegade local leaders seeking to avoid arrest or challenges to their authority. The United States Constitution and founding documents do not mention martial law, nor has Congress passed a law specifying when it can be declared. So, how does it work?
| Characteristics | Values |
|---|---|
| Number of times martial law has been imposed in the US | At least 68 |
| Reasons for declaration of martial law | War or invasion, domestic war or insurrection, riot or civil unrest, labor dispute, natural disaster |
| Can martial law be imposed by the US President? | No clear answer, but the US President does not have "conclusive and preclusive" authority over the domestic use of the military |
| Can martial law be imposed by state leaders? | Yes |
| Can martial law be imposed by local military commanders? | In limited emergencies |
| Can martial law be challenged in court? | Yes |
| Can martial law be imposed by federal troops? | No, but federal troops can be deployed to assist during emergencies |
| Can martial law be imposed by Congress? | Yes, but Congress has not passed a law specifying when martial law can be declared |
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What You'll Learn
- Martial law has been declared in the US more than 60 times
- It's a vague term for when military authorities take control of civil governance
- It can be used to enforce rule over the public, as seen in multiple countries
- The US President can declare it, but it's unclear what Congress or citizens could do
- It's rarely used due to its potential to be abused as a political tool
Martial law has been declared in the US more than 60 times
The United States Constitution and founding documents do not mention martial law, nor has Congress passed a law specifying when it can be declared. In the absence of federal legislation, state governors have been responsible for most declarations of martial law. In fact, martial law has been declared by state governors more often than by the federal government.
Martial law is a vague legal term for when military authorities take control of civil governance and law enforcement. It is reserved for times of extreme emergencies when existing civilian government and law enforcement have ceased to function or become ineffective. Ideally, it is used to maintain order when a high number of citizens are in immediate, mortal danger.
In the United States, martial law has been declared more than 60 times, mostly in limited, local areas. It has been declared for a state or other locality under various circumstances, including after a direct foreign attack, after a major disaster, in response to chaos associated with protests and mob action, and by renegade local leaders seeking to avoid arrest or challenges to their authority.
Some examples of martial law being declared in the US include:
- In 1871, Chicago mayor Roswell B. Mason declared martial law after the Great Chicago Fire.
- In 1892, the governor of Idaho declared martial law after striking mineworkers blew up a mill and killed one person.
- In 1941, Hawaii was placed under martial law following the Japanese attack on Pearl Harbor.
- In 1954, Alabama Governor Gordon Persons placed Russell County under martial law due to the pervasive influence of organized crime gangs.
- In 1920, martial law was declared in the state of West Virginia during the West Virginia Coal Wars.
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It's a vague term for when military authorities take control of civil governance
Martial law is a somewhat ambiguous legal term for when military authorities take control of civil governance and law enforcement. It is a rare occurrence in the United States, having been declared about 68 times in history, mostly by state and local officials. The term is not defined in the US Constitution, and Congress has not passed any laws specifying when it can be invoked. The Supreme Court has also never explicitly stated whether the federal government has the power to declare martial law.
The concept of martial law is closely tied to the right of habeas corpus, which is the right to a hearing on lawful imprisonment or, more broadly, the supervision of law enforcement. During martial law, certain civil liberties may be suspended, and military authorities may take over law enforcement and governance. It is intended to be used as a last resort in extreme emergencies when existing civilian governments and law enforcement have become ineffective or ceased to function. The purpose is to establish order and control the population to achieve a higher goal, such as maintaining order when a high number of citizens are in immediate danger.
Martial law has been declared in the United States under various circumstances, including after a direct foreign attack, a major disaster, or in response to violent civil unrest and natural disasters. For example, in 1871, Chicago mayor Roswell B. Mason declared martial law after the Great Chicago Fire. In 1941, during World War II, Hawaii was placed under martial law following the Japanese attack on Pearl Harbor. In 1954, Alabama Governor Gordon Persons placed Russell County under martial law due to the pervasive influence of organized crime gangs.
While the US Constitution does not explicitly define when a president can declare martial law, it also does not specifically forbid it. The Posse Comitatus Act, enacted in 1878, prohibits federal forces from assisting in domestic law enforcement unless directed by the President under the Insurrection Act or related laws. This act allows military personnel to assist civilian police in enforcing existing laws and ensuring federal rights are provided and enforced.
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It can be used to enforce rule over the public, as seen in multiple countries
Martial law is a legal term for when military authorities take control of civil governance and law enforcement. It involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. It can be used by governments to enforce their rule over the public, as seen in the following instances:
Coup d'état
Thailand in 2006 and 2014, and Egypt in 2013 are examples of countries where martial law was imposed after a coup d'état.
Popular protest
Martial law can be imposed when threatened by popular protest, such as in China during the Tiananmen Square protests of 1989.
Suppressing political opposition
Martial law may be used to suppress political opposition, as seen in Poland in 1981.
Stabilizing insurrections or perceived insurrections
Martial law can be declared to stabilize insurrections or perceived insurrections, such as in the Philippines in 2009 and 2017, where it was imposed in response to political violence and attacks by the Maute Group, respectively.
Natural disasters
Although rare, martial law may be declared in cases of major natural disasters. However, most countries use a different legal construct, such as a state of emergency. An example is the Great Chicago Fire of 1871, which led to the declaration of martial law in Chicago.
Conflicts and occupations
Martial law has been imposed during conflicts and in cases of occupations, where the absence of any other civil government provides for an unstable population. Examples include post-World War II Germany and Japan, and the former Confederate States of America during the Reconstruction Era following the American Civil War.
Other instances in the United States
Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. Some notable instances include:
- Hawaii during World War II, following the Japanese attack on Pearl Harbor
- New Orleans during the Battle of New Orleans
- San Francisco after the 1906 earthquake
- Montgomery, Alabama, following mob actions against the Freedom Riders in 1934
- Nauvoo, Illinois, by Joseph Smith during the Illinois Mormon War
- Utah by Governor Brigham Young during the Utah War
- Russell County, Alabama, in 1954 due to the pervasive influence of organized crime gangs
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The US President can declare it, but it's unclear what Congress or citizens could do
The US President can declare martial law, but it is unclear what Congress or citizens could do in response. The US Constitution and founding documents do not mention martial law, nor has Congress passed a law specifying when it can be declared. However, the US President does have the power to declare martial law, and this has happened twice nationally during wartime. Firstly, by Abraham Lincoln in border states between the North and South during the Civil War, and then again by local military officials in Hawaii during World War II.
The Supreme Court has never clearly stated whether the federal government has the power to declare martial law, and if so, whether the president could do so unilaterally. The Supreme Court's 1952 ruling in Youngstown Sheet & Tube Company v. Sawyer provides a framework for analyzing exercises of executive power, and this would likely be used by a court to determine whether a president’s declaration of martial law has exceeded their authority. According to Youngstown, when Congress has addressed an issue by passing a statute, the president cannot act against Congress’s will unless the Constitution gives the president “conclusive and preclusive” power over that issue.
The Constitution does not give the president "conclusive and preclusive" authority over the domestic use of the military and instead vests power in the legislative branch. Therefore, a unilateral declaration of martial law by the president would not survive a legal challenge under Youngstown. However, it is possible that, in the absence of the Posse Comitatus Act and other laws regulating domestic military activity, the president could rely on some independent executive power to declare martial law. But this scenario is hypothetical, and the likely legal outcome is uncertain.
Congress always has the right to impeach a president for an abuse of power, and this may be an option if a president were to declare martial law without cause. However, it is not clear what other actions Congress or US citizens could take, and it would likely depend on the circumstances.
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It's rarely used due to its potential to be abused as a political tool
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. The term "martial law" is a vague legal term for when military authorities take control of civil governance and law enforcement. During martial law, executive or military leaders may suspend certain civil liberties. While the U.S. Constitution does not explicitly define when a president can declare martial law, it also does not specifically forbid it.
Martial law is rarely used in the United States due to its potential to be abused as a political tool to control the population, especially political dissenters. State governors have declared martial law during times of labor unrest, although not recently. Even at the time, it was considered controversial. 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. The Colorado National Guard conducted mass arrests of striking workers and detained over 600 people.
The Supreme Court has never clearly stated whether the federal government has the power to declare martial law, and if so, whether the president could unilaterally declare it or whether it would require congressional authorization. However, the Supreme Court did hold that when civilian courts are in operation, the military cannot substitute military tribunals for civilians accused of non-war crimes. The Posse Comitatus Act, first enacted in 1878, prohibits federal forces from assisting in domestic law enforcement unless the president has directed operations under the Insurrection Act or related laws.
The Insurrection Act requires the president to first issue a proclamation ordering insurgents to disperse before invoking the act. The Act allows military personnel to only assist civilian police in enforcing existing laws, while granting authority for the federal government to ensure federal rights are unilaterally provided and enforced. The United States has a history of martial law being used to break labor strikes on behalf of business interests.
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Frequently asked questions
Martial law is a legal term for when military authorities take control of civil governance and law enforcement. It is typically declared in response to a national emergency or violent civil unrest.
Martial law can be declared by the U.S. president, the governor of a state, or, in limited emergencies, by a local military commander. The U.S. Constitution does not specify when martial law can be declared. However, the Supreme Court has held that individual states have the power to declare martial law.
During martial law, certain civil liberties may be suspended, and military authorities may enforce curfews or restrict public gatherings to prevent civil unrest.
