Kara Sears
Martial law is the temporary replacement of civilian government by military rule, usually in response to war, rebellion, or natural disaster. It has been invoked in various countries throughout history, including Canada, India, Israel, and the United States. While the specific legal authority to declare martial law varies by country, it is often declared by a country's leader, such as the president or governor, in response to a perceived necessity or emergency. The declaration of martial law grants the military commander of an area or country unlimited authority to make and enforce laws, suspend civil liberties, and enforce military rule.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | In the US, the US President and US Congress have the power, within certain constraints, to impose martial law. In nearly every state, the governor has the power to impose martial law within the borders of the state. |
| Invocation of martial law in history | Martial law has been imposed at least 68 times in limited, usually local areas of the United States. |
| Reasons for declaration | War or invasion, domestic war or insurrection, riot or civil unrest, natural disaster, labour dispute, and other reasons. |
| Legal theory | The common law doctrine of necessity. |
| Scope and limits | The exact scope and limits of martial law are dangerously unclear. |
| Suspension of civil liberties | Standard civil liberties may be suspended for as long as martial law continues. |
| Duration | Martial law can continue for a specified amount of time, or indefinitely. |
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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. However, the Constitution of the United States does not define martial law and is silent as to who can impose it. There is debate as to whether the president has the authority to declare martial law, with some arguing that Congress may be the only governmental branch that can legally declare it. The Supreme Court has never explicitly held that the federal government can impose martial law, and the Constitution does not grant the president the power to declare it.
State officials do have the power to declare martial law, and nearly every state has a constitutional provision authorizing the government to impose it. In the past, martial law has been declared by state governors, local military commanders, and military officials. For example, in 1866, the Supreme Court decided Ex parte Milligan, holding that Congress could only substitute military tribunals for civil courts during wartime. This was followed by Moyer v. Peabody (1909), where Governor James Peabody declared martial law during a labor dispute.
In other countries, the power to declare martial law varies. For example, in China, the 1908 draft constitution included provisions for martial law, and the Provisional Constitution of 1911 authorized the President to declare martial law in times of emergency. In India, the sole mention of martial law in the constitution is in Article 34, which gives Parliament the power to indemnify persons in respect of acts done in territories where martial law was in force. During the colonial era, martial law was declared in the Defense of India Act, 1915 and 1939, and in most of Punjab in 1919 in response to the Amritsar Massacre. In Canada, the War Measures Act was a statute that allowed the government to assume emergency powers, stopping short of martial law, and it was invoked during World War I, World War II, and the October Crisis of 1970.
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Martial law in times of war, rebellion, or natural disaster
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It can be declared in times of war, rebellion, civil unrest, or natural disaster. While some countries have provisions explicitly permitting the use of martial law, many do not. In the United States, for example, there is no explicit constitutional right to declare martial law, but it has been imposed at least 68 times, mostly in limited, local areas. The US President, Congress, and state governors all have the power to impose martial law within certain constraints.
Martial law has been invoked during conflicts and in cases of occupation, where the absence of civil government provides for an unstable population. Notable examples include post-World War II Germany and Japan, the Reconstruction Era in the former Confederate States of America, and the German occupation of northern France after the Franco-Prussian War. The British Empire also commonly used martial law in its colonies, such as during the Arab Revolt in Palestine.
Martial law is often declared in response to natural disasters. In the US, it was declared after the Great Chicago Fire of 1871, the 1906 San Francisco earthquake, and the 1927 Mississippi River flood. In Canada, the War Measures Act, a statute that allowed the government to assume emergency powers without declaring martial law, was invoked during World War I, World War II, and the October Crisis of 1970.
Martial law can also be declared in response to rebellion or civil unrest. In the US, it was imposed during the Whiskey Rebellion, the Utah War, and the Illinois Mormon War. In Poland, martial law was imposed in 1981 to suppress political opposition, and in Thailand, it was imposed during coups d'état in 2006 and 2014.
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Martial law in civil disorder
Martial law is the temporary replacement of civilian government by the military and the suspension of civilian legal processes for military powers. It is usually invoked in times of war, rebellion, civil disorder, or natural disaster. In the United States, martial law has been used in limited circumstances, such as during the Civil Rights Movement, the Omaha race riot of 1919, and the 1920 Lexington riots. Notably, martial law was also declared in Hawaii after the Japanese attack on Pearl Harbor in 1941.
The imposition of martial law arises from necessity rather than legal right, and its legal justification often stems from the common law doctrine of necessity. While the U.S. Constitution does not explicitly provide for the imposition of martial law, nearly every state has a constitutional provision authorizing the government to impose it. The power of martial law, once considered nearly absolute, now faces limitations. For instance, civilians cannot be tried by military tribunals if civilian courts remain functional.
In the United States, both the President and Congress have the power to impose martial law, as they can be in charge of the militia. However, the Posse Comitatus Act passed by Congress in 1878 forbids U.S. military involvement in domestic law enforcement without congressional approval. Additionally, the Insurrection Act, a set of federal laws, grants the President the authority to deploy the military or National Guard forces domestically in response to rebellions, civil unrest, or obstruction of federal law. Despite this, the President lacks the authority to unilaterally declare martial law, and any actions under a declaration of martial law must abide by the U.S. Constitution and are subject to federal court review.
Martial law has been invoked multiple times in history, including during the colonial era in Canada, the British Raj in India, and the American Revolutionary War. It has also been declared during periods of civil disorder, such as the 1934 West Coast waterfront strike and the 1992 Rodney King riots in Los Angeles. During these times, standard civil liberties may be suspended, and military commanders have virtually unlimited authority to make and enforce laws.
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The suspension of habeas corpus
In the United States, the suspension of habeas corpus has been invoked in limited circumstances, primarily during times of war, insurrection, or civil unrest. According to Article 1, Section 9 of the US Constitution, "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." This clause, known as the Suspension Clause, grants Congress the power to suspend habeas corpus in certain situations.
Another instance of habeas corpus suspension occurred in 1878, when Congress passed the Posse Comitatus Act, which prohibits the US military from engaging in domestic law enforcement without congressional approval. More recently, the Insurrection Act of 2006 granted the US President new powers to use the military for various purposes, including domestic disturbances and terrorism, raising concerns about the potential invocation of martial law and the suspension of habeas corpus.
While the suspension of habeas corpus is intended as a temporary measure during extraordinary circumstances, it has been criticized for its potential to infringe on civil liberties and due process rights. To address these concerns, legal systems often include safeguards and limitations on the suspension of habeas corpus, such as requiring congressional or judicial authorization and ensuring that the suspension is limited in scope and duration.
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Martial law in the US
In the United States, martial law refers to the placement of a region, state, city, or the entire nation under the control of a military body. It involves the temporary substitution of military authority for civilian rule and is typically invoked during war, rebellion, or natural disaster.
Although the US Constitution does not explicitly provide for the imposition of martial law, nearly every state has a constitutional provision authorizing the government to impose it. The US President and Congress have the power to impose martial law, as they can be in charge of the militia. Additionally, governors in almost every state have the authority to impose martial law within their state borders.
Historically, martial law has been imposed at least 68 times in limited, typically local areas of the US. Notable instances include the Battle of New Orleans, the Great Chicago Fire of 1871, the San Francisco earthquake of 1906, the Omaha race riot of 1919, and the Civil Rights Movement.
The imposition of martial law in the US is closely tied to the right of habeas corpus, which guarantees the right to a hearing and trial for lawful imprisonment and the supervision of law enforcement by the judiciary. Article 1, Section 9 of the US Constitution addresses the suspension of habeas corpus in cases of rebellion or invasion when public safety is at stake. In 1878, Congress passed the Posse Comitatus Act, prohibiting US military involvement in domestic law enforcement without congressional approval.
While the power to declare martial law exists in case law and the record books, it remains poorly understood. The legal justification for imposing martial law in the absence of explicit constitutional provisions often relies on the common law doctrine of necessity.
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Frequently asked questions
Martial law is the temporary replacement of civilian government by military rule and the suspension of civilian legal processes for military powers.
In the United States, both the US President and the US Congress have the power, within certain constraints, to impose martial law. In nearly every state, the governor has the power to impose martial law within the borders of the state. However, the Posse Comitatus Act makes it illegal for federal military forces to participate in civilian law enforcement activities without congressional approval.
Martial law is most often declared in times of war, rebellion, invasion, insurrection, riot, civil unrest, natural disaster, or military coups d'état. Martial law can also be invoked in instances of labour disputes, domestic disturbance, terrorism, or when civilian authority has ceased to function.
When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws, and standard civil liberties may be suspended. Martial law suspends all existing laws, as well as civil authority and the ordinary administration of justice.
