Anaya Nolan
Martial law is a dramatic departure from normal practice, allowing the military to assume governance of an area. It involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. The laws surrounding it are complicated and unsettled, with no established definition. In the US, it has been declared more than 60 times, mostly by state and local officials. While the US Constitution does not define who can impose it, the modern interpretation allows the president and state officials to declare degrees of martial law in specific circumstances.
| Characteristics | Values |
|---|---|
| Frequency | Declared more than 60 times in U.S. history |
| Declaring entity | Declared by state and local officials in most cases |
| Definition | No established definition, different interpretations |
| Scope | Scope and limits are unclear |
| Power | Military assumes governance of the area |
| Rights | Suspension of legal rights, including writ of habeas corpus |
| Reasons | War, invasion, domestic war, insurrection, riot, civil unrest, labor dispute, natural disaster |
| Location | Limited, local areas |
| Time period | 18th, 19th, 20th, and 21st centuries |
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What You'll Learn
Who can declare it
In the United States, martial law is usually declared by state and local officials, and this has happened more than 60 times in US history. State governors have the power to declare martial law, and nearly every state has a constitutional provision authorising the government to impose it. However, the president does not have the authority to declare it, as this power is not explicitly granted by the US Constitution.
The US Supreme Court has held that individual states have the power to declare martial law, and such a declaration is valid if it is authorised by the constitution or laws of the state. However, state officials' actions under a declaration of martial law must abide by the US Constitution and are subject to review in federal court.
Outside the US, martial law has been declared by chief martial law administrators, acting governors, and presidents of other countries. For example, in Bangladesh, Ziaur Rahman and Hussain Muhammad Ershad declared martial law in the late 1970s and early 1980s, respectively. In Canada, martial law was invoked during World War I, World War II, and the October Crisis of 1970 under the War Measures Act, a Parliament of Canada statute. In China, during the Beiyang government, a draft constitution included provisions for martial law.
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What it entails
Martial law is a complicated and unsettled legal concept that has been interpreted and applied differently throughout history. It typically involves the temporary substitution of military authority for civilian rule. This means that the military takes on the role of governing and enforcing laws, which can include imposing curfews, suspending civil rights, and applying military justice to civilians.
The scope and limits of martial law vary depending on the country and the specific circumstances under which it is declared. In the United States, for example, martial law is declared by state and local officials more frequently than by the federal government. While there is no explicit constitutional right to declare martial law, it has been interpreted as permissible in times of necessity, such as during a war, rebellion, or natural disaster.
Under martial law, a military commander's authority is virtually unlimited within the bounds of court decisions. However, civilians cannot be tried by military tribunals as long as civilian courts are functional, and even under martial law, constitutional rights must be respected. Martial law declarations are also subject to judicial review, and individuals can challenge them by seeking injunctive relief in federal court.
The declaration of martial law can have significant implications for the population, including the suspension of civil liberties and the imposition of military rule. It is meant to be a temporary measure to restore order and stability in times of emergency or when civilian authority has ceased to function effectively. However, there have been instances where martial law has been abused or used to suppress political opposition.
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When it has been declared in the past
Martial law has been declared in the past in response to a variety of circumstances, including violent civil unrest, natural disasters, conflicts, and occupations. Here are some examples:
United States
The United States has a long history of declaring martial law, with state and local officials doing so far more frequently than the federal government. During the Civil War, martial law was imposed on border states like Missouri and Kentucky, where US forces clashed with Confederate insurgents. In the 90 years between the Civil War and World War II, it was declared at least 60 times.
In 1900, martial law was declared in response to the Akron Riot and the Galveston hurricane. In 1919, it was imposed during the Omaha race riot, and in 1920, it was in effect during the Lexington riots and the West Virginia Coal Wars, where striking miners were jailed without trial. In 1933, Georgia Governor Eugene Talmadge declared martial law to force out commissioners of the state Highway Board, whom he had no legal power to remove. In 1934, it was declared during the West Coast waterfront strike, and in 1941, Hawaii was placed under martial law after the Japanese attack on Pearl Harbor. During the Civil Rights Movement, martial law was imposed in response to the Cambridge riot of 1963.
Canada
During World War I, World War II, and the October Crisis of 1970, Canada invoked the War Measures Act, which allowed the government to assume emergency powers without declaring martial law. The military did not administer justice, which remained in the hands of the courts.
Australia
In November 1828, Lieutenant-Governor George Arthur declared martial law during the Black War, a violent conflict between British colonists and Aboriginal Australians in Tasmania. This declaration effectively provided legal immunity for killing Aboriginal people and remained in force for over three years, the longest period of martial law in the history of British colonies on the Australian continent.
Other Examples
- Thailand in 2006 and 2014
- Egypt in 2013
- China during the Tiananmen Square protests of 1989
- Poland in 1981 to suppress political opposition
- Azerbaijan during the 2020 Nagorno-Karabakh war
- Bahrain in 2011 during an anti-government uprising
- Bangladesh in the late 1970s and early 1980s
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The legality of it
The legality surrounding the declaration of martial law is a complicated issue. While the U.S. Constitution does not make any specific provision for the imposition of martial law, nearly every state has a constitutional provision authorizing the government to impose it. 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.
However, the concept of martial law has no established definition, and the Supreme Court precedent on it is old, vague, and inconsistent. The exact scope and limits of martial law are unclear, and Congress has not defined what the term means or its scope and limits. This lack of clarity has resulted in the concept being poorly understood.
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. It is typically invoked during times of war, rebellion, or natural disaster when civilian authority has ceased to function or become ineffective. Even under martial law, the government cannot suspend or violate constitutional rights, and declarations are subject to judicial review.
While the president does not have the authority to unilaterally declare martial law, Congress has granted the president considerable authority to use troops domestically in ways short of martial law, such as through the Insurrection Act.
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The consequences of it
Martial law involves the temporary substitution of civilian rule with military authority. It is usually invoked during times of war, rebellion, or natural disaster, when civilian authority has ceased to function, is completely absent, or has become ineffective.
The consequences of martial law are significant and far-reaching. Here are some key impacts:
Civil liberties and human rights
One of the most concerning consequences of martial law is the restriction of civil rights and liberties, and human rights abuses. When military authority replaces civilian government, there is a risk of arbitrary detentions, suspensions of due process, and infringements on freedom of speech and assembly. In the past, martial law has been associated with mass arrests, overcrowded jails, and the suppression of social dissent.
Economic impact
Martial law can have a detrimental effect on the economy. Government dominance in the public and private sectors can distort markets and income distribution, leading to cronyism and economic stagnation. Restricted economic liberties discourage entrepreneurship and innovation, and the lack of intellectual property protection and an uneven justice system can deter technical and scientific advancements.
Rule of law
Martial law can disrupt the normal administration of justice and the rule of law. Existing laws may be suspended, and the military commander of an area assumes unlimited authority to make and enforce laws. This can lead to a lack of clarity and consistency in the application of laws, and in some cases, a complete breakdown of the justice system.
Social and political impact
The imposition of martial law can have a profound impact on the social and political fabric of a society. It often results in increased social unrest, as people's freedoms are restricted and dissent is suppressed. In the long term, extended periods of martial law can lead to a loss of trust in government and democratic institutions, and in some cases, the rise of authoritarian or dictatorial regimes.
International relations
Martial law can also have consequences for a country's international relations. It may lead to international condemnation, sanctions, or even military intervention if it is perceived as a threat to regional stability or human rights. Countries undergoing martial law may find themselves isolated, and their ability to engage with the international community may be limited.
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Frequently asked questions
Martial law involves the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster. During this time, the military commander of an area or country has unlimited authority to make and enforce laws.
In the United States, the Supreme Court has held that individual states have the power to declare martial law. State governors or legislatures can impose martial law within their state borders. The US President may also declare martial law, but this is more controversial. Some scholars believe the president has the executive power to do so, while others believe the president needs congressional authorization.
When martial law is declared, the military takes over governance of the area. All local laws, civil authority, and sometimes local judiciaries are suspended. Curfews and checkpoints are implemented, and freedoms of movement and speech are restricted. Rights such as habeas corpus may also be suspended, and individuals can be tried under military law.
