Cecily Zamora
Martial law is a dramatic departure from normal practice, and involves the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster, and can be implemented very quickly. For example, in the United States, martial law was declared in Boston in 1774, in response to the Boston Tea Party. In the Philippines, martial law was declared on 21 September 1944 and enforced the following day at 09:00 PST.
| Characteristics | Values |
|---|---|
| Definition of martial law | There is no precise definition of martial law. It generally refers to when the military temporarily substitutes its authority for civilian authority. |
| Who can declare martial law? | In the US, martial law may be declared by proclamation of the President or a State governor. However, the Posse Comitatus Act makes it illegal for federal military forces to participate in civilian law enforcement activities without express authorization from Congress. Nearly every state has a constitutional provision authorizing the government to impose martial law. |
| Speed of declaration | The speed at which martial law can be declared depends on the specific context and circumstances. In some cases, it can be declared and enforced within a day, as seen in the Philippines in 1944. In other cases, it may take longer, depending on the legal and political processes involved. |
| Duration of martial law | Martial law can be in effect for varying durations, ranging from a few days to several years. For example, martial law was in effect in Israel from 1949 to 1966 and in the Philippines from 1972 to 1981. |
| Scope of martial law | Martial law can be declared for a specific area or an entire country, depending on the situation and the authority imposing it. |
| Impact of martial law | During martial law, the military commander of an area or country has unlimited authority to make and enforce laws, including suspending existing laws, civil authority, and the ordinary administration of justice. Martial law may result in restrictions on movement, curfews, detentions, and expulsions. |
| Judicial review | Declarations of martial law are subject to judicial review. Individuals detained by the military under martial law can petition for a writ of habeas corpus to challenge their detention. |
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What You'll Learn
The US President cannot declare martial law
The Supreme Court has never specifically ruled that the president can declare martial law. The Court has held that simply putting the words "martial law" in a statute is not sufficient to authorise such extreme measures. The Court has ruled that the imposition of martial law by way of suspension of habeas corpus was unconstitutional in areas where local courts were still in session.
The US military's domestic activities typically fall into three categories. Firstly, the armed forces may assist civilian authorities with non-law enforcement functions, such as in the aftermath of Hurricane Katrina in 2005. Secondly, less frequently, the military assists civilian authorities with law enforcement activities, such as during the 1992 Los Angeles riots. Thirdly, on some occasions, the military has taken the place of the civilian government, as happened in Hawaii during World War II.
While the president can call the military into action to help local governments after a natural disaster, its help is usually limited. Martial law gives the military commander virtually unlimited authority to govern an area, suspending all local laws, civil authority, and sometimes local judiciaries.
Although the president has used martial law throughout history, nearly all state constitutions allow the state governor or legislature to impose martial law. The Insurrection Act of 1807 allows the president to deploy military forces to put down rebellions within the United States and deploy the military to help local law enforcement deal with domestic violence. However, the Act does not authorise the president to declare martial law.
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Martial law can be declared by state governors
In the United States, martial law is a rare occurrence, and there is little legal precedent for it. It is a vague 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. Martial law is intended to be a last resort, reserved for times of extreme emergency when existing civilian government and law enforcement have ceased to function or become ineffective.
The US Constitution does not define martial law, nor does it specify who can declare it. It also does not explicitly grant the President the power to declare martial law, and Congress has not passed a law regarding when it can be declared. However, several presidents throughout history have imposed martial law.
State governors can declare martial law within the borders of their state, and nearly every state has a constitutional provision authorizing the government to impose it. This power is derived from either the state constitution or the state legislature. State governors have historically declared martial law during times of labor unrest, civil disorder, and insurrection. For example, in 1933, Georgia Governor Eugene Talmadge declared martial law at the state Highway Board headquarters to force out some of the board's commissioners. In another instance, Governor James Peabody of Colorado declared martial law during a labor dispute between mine workers and their employers, leading to the arrest of striking workers.
While the federal government has not declared martial law since 1944 in Hawaii, state-level martial law was last declared in 1963 in Maryland. Governor J. Millard Tawes imposed it on the city of Cambridge for over a year in response to clashes between racial justice advocates and segregationists.
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Martial law is temporary
Martial law is the temporary substitution of civilian government by military rule. It is usually invoked in times of war, rebellion, civil unrest, or natural disaster. It can also be declared in the event of a military coup d'état.
Martial law can be imposed very quickly, and it can last for a specified amount of time or indefinitely. In the United States, martial law has been declared at least 68 times, mostly in limited, local areas. The length of time that martial law is in place depends on the situation that necessitated it. For example, martial law was imposed in Yugoslavia in 1999 for several months, until the end of the NATO air strikes. In the case of Taiwan, martial law was imposed in 1947 and lasted for thirty-eight years, until 1987.
In the United States, the ability to declare martial law is limited by several court decisions handed down between the American Civil War and World War II. The legality of martial law was examined in the 1866 court case Ex parte Milligan, where the Supreme Court established that trying civilians in military tribunals was unconstitutional unless there were no civilian courts available. The Posse Comitatus Act, passed in 1878, forbids US military involvement in domestic law enforcement without congressional approval.
The imposition of martial law is often based on necessity rather than legal right, and while some countries have provisions explicitly permitting it, many do not. In countries without explicit permission, the legal justification for declaring martial law is often the common law doctrine of necessity.
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Martial law suspends civil authority
The implementation of martial law varies across countries and even within different states of a country. 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. However, the term "martial law" carries no precise meaning, and its use throughout history has defined its application and limits. Generally, it refers to the temporary substitution of military authority for civilian rule, which is usually invoked in times of war, rebellion, or natural disaster. When martial law is in effect, the military commander of an area or country has almost unlimited authority to make and enforce laws.
The United States Constitution does not grant the president the power to declare martial law. Instead, this authority typically rests with state governors or legislatures. The Posse Comitatus Act further restricts the federal government's ability to impose martial law, making it unlawful for federal military forces to engage in civilian law enforcement activities without express congressional authorization.
Despite the lack of a federal declaration of martial law, individual states have the power to declare it. For example, in 1934, the governor of Minnesota, Floyd B. Olson, placed Minneapolis under martial law due to escalating violence during a general strike. Similarly, in 1949, Israel imposed military administrative rule over areas with large Arab populations, such as the Negev, Galilee, and the Triangle, enforcing strict residency rules and curfews.
In some cases, martial law can be imposed quickly. For instance, in response to the Great Chicago Fire of 1871, Chicago mayor Roswell B. Mason declared martial law, and it was lifted within a few days after the fire was extinguished. On the other hand, martial law can also be prolonged, as in the case of the Philippines, which was under martial law from 1972 to 1981 under President Ferdinand Marcos.
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Martial law has been declared in the past in response to civil disorder
During the Second World War, President José P. Laurel placed the Philippines under martial law in 1944. The country was under martial law again from 1972 to 1981 under President Ferdinand Marcos. The official reason was to suppress increasing civil strife and the threat of a communist takeover. In 1949, Israel placed areas with large Arab populations, such as the Negev, Galilee, and the Triangle, under martial law. Arab citizens were subject to strict residency rules, curfews, administrative detentions, and expulsions.
In 1934, Minnesota Governor Floyd B. Olson declared martial law in Minneapolis due to escalating violence during the Minneapolis general strike. In Coeur d'Alene, Idaho, in 1892, the governor declared martial law after striking mineworkers blew up a mill and killed one person. Over 600 people were arrested, and the mineworkers formed a new union in prison. In 1917, martial law was declared in Spokane, Washington, after the Spokane office of the Industrial Workers of the World was raided and its leaders arrested.
Martial law has also been imposed in response to natural disasters, such as the Great Chicago Fire of 1871, the 1906 San Francisco earthquake, and Hurricane Katrina in 2005. In these cases, the military assists civilian authorities with search-and-rescue missions and maintaining order. While the President and Congress have the power to impose martial law in the United States, it is not explicitly granted in the Constitution. The ability to declare martial law is based on the right to suspend habeas corpus, or the right to a hearing and trial on lawful imprisonment.
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Frequently asked questions
Martial law can be put in place very quickly, as demonstrated by the example of Chicago, where martial law was declared on the same day as the Great Fire of 1871.
Martial law may be declared by proclamation of the President or a State governor, but such a formal proclamation is not necessary.
Martial law is usually invoked in times of war, rebellion, or natural disaster. It is justified when civilian authority has ceased to function, is completely absent, or has become ineffective.
No, the US President cannot impose martial law. The Posse Comitatus Act makes it illegal for federal military forces to participate in civilian law enforcement activities without express authorization from Congress.
