Anaya Nolan
Martial law is a temporary substitution of military authority for civilian rule, usually invoked in times of war, rebellion, or natural disaster. It is justified when civilian authority has ceased to function or is deemed ineffective. While the legal basis for declaring martial law varies across countries, it often arises from necessity rather than legal right. In the United States, for example, neither the Constitution nor federal statutes explicitly define or grant the power to declare martial law. However, state constitutions typically authorise the governor to impose it within their state borders. The US President also has the power to declare martial law, but it is subject to judicial review and constraints set by Congress.
| Characteristics | Values |
|---|---|
| What is martial law? | Martial law involves the temporary substitution of military authority for civilian rule. |
| When is it invoked? | In times of war, rebellion, or natural disaster. |
| Who can declare it? | The US President, US Congress, State governors, and local leaders. |
| Where has it been declared? | The US, Canada, China, India, Bangladesh, Pakistan, and Indonesia. |
| Why is it declared? | To maintain public order and keep the peace. |
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What You'll Learn
Who can declare martial law in the US
The US President does have some power to use martial law to a degree. For example, in the event of a foreign attack on US soil, the President may act to repel that attack without the blessing of Congress. If Congress has authorized military action, the President controls its conduct, even if the fighting is within the US.
However, the US Constitution does not give the President "conclusive and preclusive" authority over the domestic use of the military. Instead, it explicitly vests power in the legislative branch, and so the President cannot act against the wishes of Congress. The Posse Comitatus Act of 1878 also prevents the US military from participating in civilian law enforcement activities, further limiting the President's powers.
Historically, martial law has been declared by state leaders, city mayors, and generals within states' National Guard forces. In the US, martial law has been imposed at least 68 times, mostly in limited, local areas.
In 2006, the John Warner National Defense Authorization Act gave the President the power to declare martial law and take command of the National Guard units of each state without the consent of state governors. However, this was repealed in 2008 due to opposition by Congress, individual state governors, and law enforcement.
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Martial law in the US: historical examples
Martial law in the United States refers to instances in history when a region, state, city, or the entire country was placed under the temporary control of a military body. The US Constitution does not define martial law or specify who can impose it. However, the modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances".
New Orleans, 1814
The first recorded use of martial law in the US occurred in 1814, near the end of the War of 1812. General Andrew Jackson, who later became the seventh president of the United States, declared martial law in New Orleans to fend off an invading British army. After successfully defending the city, Jackson continued to enforce martial law for two months. The Louisiana Supreme Court later deemed Jackson's use of martial law as "trampling upon the Constitution and laws of our country".
Kentucky, Maryland, and Missouri, 1863
On September 15, 1863, during the American Civil War, President Abraham Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri. Lincoln also suspended habeas corpus and civil rights throughout the US, applying the suspension to "prisoners of war, spies, or aiders and abettors of the enemy," as well as draft dodgers. The Supreme Court later ruled that Lincoln's imposition of martial law was unconstitutional in areas where local courts were still operational.
Great Chicago Fire, 1871
In response to the Great Chicago Fire of 1871, Chicago mayor Roswell B. Mason declared a state of martial law and placed General Philip Sheridan in charge of the city on October 9, 1871.
San Francisco Earthquake, 1906
Following the 1906 earthquake in San Francisco, federal troops stationed in the Presidio were pressed into martial law service. They were deployed throughout the city, confiscating dynamite to destroy buildings in the path of fires to prevent their spread.
Colorado Coalfield War, 1913-1914
The Colorado Coalfield War, which had been brewing for decades, came to a head in Ludlow, Colorado, in 1913. The Colorado National Guard was called in to quell the strikers, but peace was short-lived as the makeup of the Guard shifted from impartial troops to companies of loyal mine guards. Clashes increased, and the governor proclaimed martial law, which eventually resulted in the Ludlow Massacre. President Wilson sent in federal troops to end the violence.
West Coast Waterfront Strike, 1934
Martial law was declared during the 1934 West Coast waterfront strike, a period of protests and rioting.
Pearl Harbor, 1941
Martial law was instituted in Hawaii following the Japanese attack on Pearl Harbor in 1941. The Supreme Court evaluated the legality of this declaration in the court case Duncan v. Kahanamoku (1946), concluding that the safety of Hawaii's residents was the responsibility of the United States.
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Martial law and the suspension of habeas corpus
Martial law is a temporary substitution of military authority for civilian rule. It 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 unlimited authority to make and enforce laws. 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. While 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 suspension of habeas corpus is a separate legal concept from martial law, although the two are often conflated. The suspension of habeas corpus allows the government to detain and hold individuals without charge, but does not imply any unusual role for the armed forces. In the US, habeas corpus has only been suspended once at the federal level, in 1863 during the Civil War.
The US Constitution does not define who has the power to declare martial law. However, the modern interpretation is that the President and state officials can declare "degrees of martial law in specific circumstances." Some scholars believe the President has the executive power to declare martial law, while others argue that congressional authorization is required for the imposition of martial law in civilian areas. Thus, Congress may be the only governmental branch that can legally declare martial law, and the President can only act according to its authorization.
The Posse Comitatus Act, enacted by Congress in 1878, makes it illegal for federal military forces to participate in civilian law enforcement activities without express congressional authorization. This places significant restrictions on the President's ability to use the military domestically, and a presidential declaration of martial law would violate these rules.
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Martial law and the US Constitution
Martial law is a ""dramatic departure from normal practice in the United States". It involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. In the US, martial law may be declared by proclamation of the President or a State governor, but such a formal proclamation is not necessary.
The US Constitution does not define martial law and is silent as to who can impose it. However, the modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances". Some scholars believe the president has the executive power to declare martial law. Others believe the president needs congressional authorization to impose martial law in a civilian area. Therefore, Congress may be the only governmental branch that can legally declare martial law, and the president can only act according to its actions.
The Posse Comitatus Act makes it illegal for federal military forces to participate in civilian law enforcement activities unless Congress has provided express authorization. In short, Congress has placed clear and wide-ranging restrictions on the president's ability to use the military domestically. A presidential declaration of martial law would violate these rules.
Federal laws usually prevent the military from acting within the country. Although the president can call the military into action to help local governments after a natural disaster, like a hurricane, its help is usually limited. When the federal or state governments declare martial law, they suspend all local laws, civil authority, and, sometimes, local judiciaries. In their place, the commanding officer substitutes temporary laws and military tribunals.
Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. It has been declared more than 60 times in US history, mostly by state and local officials.
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Martial law and the role of the military
Martial law is a temporary substitution of military authority for civilian rule. It 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 unlimited authority to make and enforce laws. Martial law is justified when civilian authority has ceased to function, is completely absent, or has become ineffective.
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. Although the U.S. Constitution makes no specific provision for the imposition of martial law, nearly every state has a constitutional provision authorizing the government to 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.
The Supreme Court has held that individual states have the power to declare martial law, and such a declaration is valid if authorized by the constitution or laws of the state. States have declared martial law far more frequently than the federal government. Even under martial law, state officials are bound by the U.S. Constitution and valid federal laws. The exact scope and limits of martial law are unclear, as there is no established definition.
Historically, martial law has been imposed at least 68 times in limited, usually local areas of the United States. It has been declared for various reasons, including war or invasion, domestic war or insurrection, riot or civil unrest, labor dispute, and natural disaster. The term "martial law" first appeared in England in the 1530s during the reign of King Henry VIII.
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Frequently asked questions
Martial law is the temporary substitution of military authority for civilian rule. It 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 unlimited authority to make and enforce laws.
The power to declare martial law varies across countries. In the US, the president and state officials can declare "degrees of martial law in specific circumstances". However, some scholars believe the president needs congressional authorization to impose martial law in a civilian area. In other countries, martial law has been declared by a king, governor, chief martial law administrator, and the president.
Martial law has been declared in several countries, including the US, Canada, Bangladesh, China, India, Indonesia, and Bahrain. Within the US, it has been declared in specific regions, states, or cities, such as Boston, New Orleans, Nauvoo, Utah, and San Francisco.
Martial law has been declared in response to various events, including war or invasion, insurrection, civil unrest, labour disputes, natural disasters, and riots. For example, martial law was declared in Boston in response to the Boston Tea Party and in San Francisco following the 1906 earthquake.
