Cecily Zamora
Martial law is the temporary replacement of civilian government by military rule, usually invoked in times of war, rebellion, civil unrest, or natural disaster. It involves the suspension of civilian legal processes and civil liberties, and the military commander of the area or country has unlimited authority to make and enforce laws. While the declaration of martial law is a frequent occurrence throughout history, the legal entity remains elusive, with no clear indication of who can declare it. In the United States, for example, the power to declare martial law is ambiguous, with a history of declarations by both state governors and the president, despite no explicit constitutional right. So, what can you do if martial law is declared? Understanding your rights and the legal framework surrounding martial law is crucial. Citizens may have the ability to challenge a declaration and seek judicial review, petition for the writ of habeas corpus, or refer to the Posse Comitatus Act, which restricts the president's ability to use the military domestically.
| Characteristics | Values |
|---|---|
| What is martial law? | The replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. |
| When is it declared? | In times of war, rebellion, civil unrest, natural disasters, or military coups d'état. |
| Who can declare it? | The power to declare martial law varies by country. In the US, it has been declared by state governors and presidents, although the legality of presidential declarations is disputed. |
| What happens during martial law? | Curfews, censorship, food rationing, travel bans, and suspension of civil authority and law enforcement. Military commanders have unlimited authority to make and enforce laws. |
| What can you do if martial law is declared? | In the US, individuals can challenge a state declaration of martial law by seeking injunctive relief in federal court and petitioning for a writ of habeas corpus if detained. |
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What You'll Learn
Understand your rights and how they may change
Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, civil unrest, or natural disaster. 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. Curfews, censorship, food rationing, and travel bans may be imposed.
In the United States, martial law has been declared for a state or locality under various circumstances, including after a foreign attack, a major disaster, or in response to chaos associated with protests. While the U.S. Constitution does not explicitly authorize the president to declare martial law, several presidents throughout history have done so. The Posse Comitatus Act prevents the U.S. military from participating in civilian law enforcement activities, but the Insurrection Act of 1807 allows the president to deploy the military to help local law enforcement deal with domestic violence and rebellions.
The Supreme Court has never explicitly stated whether the federal government has the power to declare martial law, and if so, whether congressional authorization would be required. The 1952 Youngstown Sheet & Tube Company v. Sawyer ruling provides a framework for analyzing exercises of executive power and would likely be used by a court to determine whether a president's declaration of martial law exceeded their authority. While the federal government can declare martial law, it cannot suspend or violate constitutional rights, and martial law declarations are subject to judicial review.
State officials are bound by the U.S. Constitution and valid federal laws, even under martial law. Individuals can challenge a state declaration of martial law by seeking injunctive relief in federal court and petitioning for a writ of habeas corpus if detained. While the right of habeas corpus may be suspended during martial law, individuals can still petition for their release, and a court can decide whether the declaration of martial law was constitutional.
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Know what martial law looks like in practice
Martial law involves the temporary 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, rebellion, civil unrest, or natural disasters, or in the case of military coups d'état.
When martial law is in effect, the military commander of an area or country has the authority to make and enforce laws, and standard civil liberties may be suspended. Curfews, censorship, food rationing, and travel bans may be imposed. In the United States, martial law has been declared after direct foreign attacks, major disasters, and in response to chaos associated with protests and mob action. It has also been used by renegade local leaders to avoid arrest or challenges to their authority.
In the US, the Posse Comitatus Act makes it illegal for federal military forces to participate in civilian law enforcement activities, unless authorized by Congress. The Insurrection Act of 1807 allows the president to deploy the military to put down rebellions and assist local law enforcement. While the Supreme Court has never explicitly stated whether the federal government can declare martial law, it has held that individual states have this power.
During the West Virginia Coal Wars (1920-1921), martial law was declared in West Virginia, and federal troops were dispatched to deal with striking miners. The army jailed union miners without trial, and placed arrested union leaders in a stockade. In another instance, following the deaths of protesters at the hands of the police, Minnesota Governor Olson declared martial law and mobilized four thousand National Guardsmen. The National Guard engaged in curfews, security details, and roving patrols, and seized strike headquarters.
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Learn about the history of martial law
Martial law is a temporary state of military rule during an emergency, such as a natural disaster, foreign invasion, or riot. It is derived from the ancient Roman god of war, Mars. In the United States, martial law has been imposed at least 68 times, usually in limited, local areas. The US President, Congress, and state governors have the power to impose martial law within certain constraints.
Historically, martial law has been used as a tool to suppress political opposition and maintain control. During the American Revolutionary War, the British imposed martial law in Boston in 1774 and Virginia in 1775 to suppress colonial resistance. In 1776, after capturing New York City, the British imposed martial law to restore order and assert authority.
During the Civil War, Abraham Lincoln imposed martial law in border states, authorising military tribunals to try suspected Confederate sympathisers. In 1871, after the Great Chicago Fire, and in 1906, after the San Francisco earthquake, martial law was declared. It was also imposed during various riots, such as the Omaha race riot of 1919 and the Lexington riots of 1920.
In other countries, martial law has been used as a pretext to seize power and suppress opposition. In 1933, Hitler used the Reichstag fire as a pretext to institute martial law, suspending civil liberties and imprisoning thousands of suspected communists. In the Philippines, Ferdinand Marcos declared martial law in 1972, claiming it was necessary to combat rising disorder and communist insurgency. He arrested opposition politicians and consolidated political and economic control. In 2011, King Hamad bin Isa Al Khalifa of Bahrain declared martial law during anti-government protests, granting the military power to crack down on protesters.
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Identify the legal basis for martial law
The legal basis for martial law is a complex and unsettled issue, with no established definition or universal consensus. While some countries have explicit provisions permitting martial law, many do not, and the legal justification in such cases is often based on the common law doctrine of necessity.
In the United States, the legal basis for martial law is particularly ambiguous. The Constitution does not grant the President conclusive authority over domestic military deployment or the declaration of martial law. Instead, Congress holds most of the relevant authority. State constitutions tend to have specific provisions governing martial law, and historically, it has been declared more frequently by governors or state officials than by the President. The Posse Comitatus Act further restricts the President's power by prohibiting US military involvement in domestic law enforcement without congressional approval.
The Supreme Court has provided some insights into the legal basis for martial law, implying that the federal government can declare it but never explicitly stating it. The Court's ruling in Youngstown Sheet & Tube Company v. Sawyer sets a precedent for analyzing executive power and would likely be referenced in determining whether a presidential declaration of martial law exceeds this authority. Additionally, the 19th-century dicta suggest that federal martial law power is "implied in sovereignty" or justified by "necessity."
International laws and multilateral treaties may also influence the scope and duration of martial law, providing limitations and guidelines for countries that have signed such agreements.
While the exact legal basis for martial law remains unclear, it is generally recognized as a rare and momentous decision, reserved for emergencies and situations of civil unrest, natural disasters, or military coups.
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Find out 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 US Constitution does not explicitly grant the President the power to declare martial law, and the President lacks any authority to do so unilaterally. Instead, Congress may be the only governmental branch that can legally declare martial law, and the President can only act according to its actions. In nearly every state, the governor has the power to impose martial law within the borders of the state.
Historically, martial law has been declared in the US about 68 times, according to the Brennan Center for Justice. Most of these cases involved labor unrest (29 times), followed by riot or civil unrest (11 times), natural disasters (4 times), domestic war or insurrection (7 times), and war or invasion (twice).
In other countries, martial law has been declared by a variety of actors. For example, in Bangladesh, martial law was declared under Chief Martial Law administrators, while in China, the Beiyang government included provisions for martial law in its 1908 draft constitution. In India, the sole mention of martial law in the constitution 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 territory of the Province of Quebec by the Continental Army during the American Revolutionary War.
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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. It is usually invoked in times of war, rebellion, civil unrest, or natural disasters.
The legal authority to declare martial law varies from country to country. In the United States, for example, the President does not have explicit constitutional authority to declare martial law, but several presidents have done so throughout history. Instead, individual states have the power to declare martial law, and such a declaration is valid if authorized by the state's constitution or laws.
During martial law, the military commander of an area or country has unlimited authority to make and enforce laws, and standard civil liberties may be suspended. Curfews, censorship, food rationing, and travel bans may be imposed.
If martial law is declared, individuals can challenge the declaration by seeking injunctive relief in federal court. If detained by the military, individuals can petition for a writ of habeas corpus, which is the right to a hearing on lawful imprisonment.
