Cameron Miranda
A governor can declare martial law in a state or federal territory, and this has happened numerous times in the United States. The power to declare martial law is given to state governors by the state constitution or state legislature. 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 typically a last resort, as it could be abused as a political tool to control the population. In the United States, martial law has been declared at least 68 times, with the first declaration by General Andrew Jackson. Declarations of martial law by governors have been made during times of labour unrest, civil war, violent conflict, and natural disasters.
| Characteristics | Values |
|---|---|
| Country | United States, Canada, China, Syria, Armenia, Azerbaijan, United Kingdom, Australia, Indonesia, Iran, Israel, South Korea |
| Level of Government | Federal, State/Provincial |
| Declaring Authority | President/Prime Minister, Governor, Lieutenant Governor, Military Commander, King |
| Terminating Authority | President/Prime Minister, Governor, Military Commander |
| Covered Areas | Province of Lower Canada, Utah Territory, Nebraska City, Vigo County, Oklahoma Oil Fields, Punjab, Aceh, Tehran, Negev, Galilee, Triangle, Maryland, etc. |
| Duration | Varies from days to years |
| Precipitating Events | Civil War, Insurrection, State of Emergency, War, Civil Unrest, Natural Disasters, Racial Clashes, etc. |
| Powers Exercised | Military Enforcement, Curfews, Administrative Detentions, Expulsions, Travel Restrictions, etc. |
| Limitations | Constitution, Federal Laws, Judicial Review, Civilian Rights, Scope and Limits of Martial Law |
| Judicial Involvement | Supreme Court, Military Tribunal, State Court |
| Abuse of Power | Yes, potential for abuse as a political tool |
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What You'll Learn
State laws and constitutions
In the United States, the declaration of martial law by a state governor is an extraordinary measure that can be taken in response to severe disturbances of the peace, disasters, or threats to public safety. The specific provisions and procedures for declaring martial law vary across state laws and constitutions.
State Laws:
Each state has its own set of statutes and regulations that govern the imposition of martial law. These laws outline the circumstances under which a governor may declare martial law, the duration of such a declaration, and the powers that are granted to the governor and other authorities during this period. The criteria for declaring martial law typically involve a threshold of disruption or danger that exceeds the capacity of civil authorities to manage using ordinary measures. For example, a state statute might authorize the governor to declare martial law in response to "riot, insurrection, or natural disaster."
State Constitutions:
In addition to state statutes, state constitutions may also provide guidance and limitations on the governor's power to declare martial law. Some state constitutions explicitly address this issue, outlining the conditions under which martial law can be imposed and the rights that are suspended or preserved during such a time. For instance, a state constitution might require that the legislature confirm a governor's declaration of martial law within a certain timeframe or restore certain civil liberties that are typically restricted during martial law, such as the right to bear arms or freedom of movement.
The process of declaring martial law typically involves a formal proclamation or executive order issued by the governor. This proclamation outlines the scope and duration of martial law, the areas affected, and any special regulations or suspensions of regular legal processes that are deemed necessary to restore order. In some states, the governor may also be required to consult with other branches of government, such as the state legislature or a special advisory council, to ensure checks and balances.
During martial law, the governor may assume additional powers to maintain order and protect public safety. This can include deploying the National Guard or other military forces, imposing curfews, restricting travel, suspending certain civil rights, and enforcing emergency measures such as price controls or rationing. However, it is important to note that even during martial law, certain constitutional rights cannot be suspended, and the actions of the governor and military authorities remain subject to judicial review.
The termination of martial law is typically addressed in the initial proclamation or through subsequent proclamations by the governor. Martial law is generally intended to be a temporary measure, and the governor must regularly reassess the need for its continuation. Some state laws or constitutions may also impose time limits on the duration of martial law or require legislative approval for extensions.
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Wartime and civil war
Martial law has been used extensively in the United States during wartime and civil war. During the Civil War, it was imposed on border states like Missouri and Kentucky, where US forces clashed with Confederate insurgents. The Confederacy also relied heavily on martial law. After the Civil War, in the 90 years leading up to the end of World War II, martial law was declared at least 60 times.
During the 2020 Nagorno-Karabakh war, both Armenian Prime Minister Nikol Pashinyan and Azerbaijani President Ilham Aliyev declared martial law. In the case of Armenia, it effectively provided legal immunity for killing civilians.
Martial law was also declared in the US during the Whiskey Rebellion, when President Lincoln suspended habeas corpus to arrest one-third of the Maryland state assembly. During World War II, martial law was used to detain Japanese-Americans in camps.
In some countries, martial law can only be declared in times of war or emergency. For example, the Irish Constitution allows for martial law if the government declares a state of emergency, but capital punishment is prohibited. In China, the 1908 draft constitution included provisions for martial law, and the 1911 Provisional Constitution authorized the president to declare martial law in emergencies.
In the US, both the president and Congress have the power to impose martial law since they can control the militia. State governors can also declare martial law within their state borders, but their authority is limited by the Constitution and federal laws, and their decisions are subject to judicial review.
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Natural disasters
In the United States, martial law has been declared in response to natural disasters, such as the 1900 Galveston hurricane, the Great Chicago Fire of 1871, and the 1906 San Francisco earthquake. While the US Constitution does not define or explicitly grant authority to declare martial law, state governors have the power to impose it within their state borders.
State officials have the authority to declare martial law in response to violent civil unrest, natural disasters, or labour disputes. For example, in 1903, Colorado Governor James Peabody declared martial law in Cripple Creek and Telluride to break a peaceful strike by the Western Federation of Miners. Similarly, in 1875, the royal governor of Virginia, Lord Dunmore, declared martial law during the American Revolution to encourage enslaved people to join the British forces.
State governors can deploy the National Guard to assist with natural disasters, such as fires, under the command of local authorities. However, simply calling on military assistance does not constitute a declaration of martial law. Martial law refers to the temporary substitution of military authority for civilian government, where military leaders assume executive, legislative, and judicial powers.
The decision to declare martial law is governed by a series of laws, and federal courts will review whether state actions taken under martial law are constitutional. While the Supreme Court has held that states can declare martial law, the authority of the US President to do so is less clear and remains a subject of debate.
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State of emergency
A state of emergency is a situation in which a government is granted special powers to respond to a crisis and protect society. In the context of martial law, a state of emergency can be declared by a governor or other executive authority as a prerequisite for implementing martial law. This was the case in Syria in 1963, when the prime minister, acting as the martial law governor, declared a state of emergency, granting himself extraordinary powers.
In the United States, the power to declare martial law is typically held by state governors, who can invoke it in response to natural disasters, calamities, or civil unrest. For example, in 1933, Georgia Governor Eugene Talmadge declared martial law to force out commissioners of the state Highway Board, and in 1935, Governor Paul V. McNutt declared martial law to end violence during a general strike in Vigo County, Indiana. However, the power of governors to declare martial law is limited by state law, the Constitution, and federal laws, and their decisions can be reviewed by federal courts.
Historically, martial law has been declared during periods of civil disorder, foreign invasion, or war. For instance, during the British Raj, martial law was declared in the Defense of India Acts of 1915 and 1939, and in the United States, it was extensively used during the Civil War. In the modern era, martial law declarations have become less common, with the federal government not declaring it since 1944 in Hawaii.
While the declaration of martial law can provide a necessary substitute for civil authority during times of crisis, it is also open to abuse as a political tool to control the population and suppress dissent. This potential for abuse has led to a decline in its use, with alternative measures such as activating the National Guard being preferred in many cases.
To summarise, a state of emergency, when declared by an authorised official, can pave the way for martial law and the associated expansion of executive powers. However, this power is not without constraints and is subject to judicial review to prevent its misuse.
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Labor unrest
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It is often declared in times of war or emergencies, such as civil unrest and natural disasters, or in instances of military coups d'état. While there is no universal definition, it typically involves the use of the military for law enforcement.
In the United States, martial law has been declared about 68 times, with most cases (29) involving labor unrest. For example, in 1775, Lord Dunmore, the royal governor of Virginia, declared martial law, offering freedom to indentured servants and enslaved individuals who joined British forces against the rebelling colonists. This move aimed to disrupt the colonial rebellion by weakening their labor force. In 1828, Lieutenant-Governor George Arthur declared martial law in Tasmania, effectively providing legal immunity for killing Aboriginal people during the Black War, a period of violent conflict between British colonists and Aboriginal Australians. This declaration lasted over three years, the longest period of martial law in the history of British colonies in Australia.
In 1903, Colorado Governor James Peabody declared martial law in Cripple Creek and Telluride at the request of mine owners, breaking a peaceful strike by the Western Federation of Miners. Similarly, in 1934, Minnesota Governor Floyd B. Olson placed Minneapolis under martial law due to escalating violence during the general strike, deploying National Guardsmen to restore order. That same year, California Governor Frank Merriam placed the docks of San Francisco under martial law, citing "riots and tumult" resulting from a dock worker's strike.
State officials have the power to declare martial law when authorized by state law, and federal courts will typically defer to their decision. However, the exact scope and limits of martial law remain unclear, and the Supreme Court's precedent on the matter is inconsistent.
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Frequently asked questions
Martial law is when the military takes over the administration of justice from the civil authorities when the courts are closed or unable to function. It is usually a last resort and can be easily abused as a political tool to control the population.
Almost all state governors have the power to declare martial law, which is given to them by either the state constitution or the state legislature. This is often done in response to natural disasters or calamities.
No, there are significant limits. States may declare martial law when it is authorized by state law, and federal courts will likely support a governor's decision to do so. However, the Constitution and valid federal laws will still constrain the state's conduct under the declaration, and judicial review will be available in federal court.
