Cameron Miranda
A declaration of martial law is rare in the US as it overrides constitutional rights. While the US President and Congress can impose martial law, state governors can also impose it within their state borders. Governors can declare martial law in the event of an emergency, but this declaration is subject to judicial review and cannot abrogate the federal Constitution. Martial law has been declared in the US for various reasons, including war or invasion, domestic war or insurrection, riot or civil unrest, and natural disasters.
| Characteristics | Values |
|---|---|
| Frequency | Martial law has been imposed at the Federal or State level a total of 68 times in US history |
| Reasons | War or invasion (twice), domestic war or insurrection (7 times), riot or civil unrest (11 times), labour dispute (29 times), natural disaster (4 times), other (15 times) |
| Powers | Curfews, checkpoints, suspension of legal rights, immunity from prosecution, deportation, administrative detention, expulsion, limited mobility |
| Applicability | US President, US Congress, State Governor, Territorial Governor, Military Governor, President of another country, Prime Minister, Acting Governor, Mormon leader |
| Location | US, Canada, China, Syria, Tasmania, Armenia, Azerbaijan, Bahrain, Indonesia, Iran, India, UK, Ireland, Israel |
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What You'll Learn
Martial law and emergency preparedness
Martial law is a state of emergency where the civilian rule of law is temporarily substituted by military authority. In the United States, martial law has been imposed a total of 68 times in history, mostly at the state level. The US President and Congress can impose martial law nationally, and state governors can impose it within their state borders. However, there is no constitutional mechanism for military control, and any declaration of state military control is subject to judicial review.
A declaration of martial law is a rare event as it tends to involve the suspension of constitutional rights. Historically, martial law has been declared in times of war or invasion, domestic insurrection, civil unrest, labour disputes, natural disasters, and in response to rioting and protests.
In the event that martial law is declared, civilians can expect to experience curfews and restricted mobility. Law and order become the priority, and the consequences of disobeying the authorities can be severe. Civilians may be tried under military law, and legal rights such as habeas corpus may be suspended.
In terms of emergency preparedness, it is important to recognise that the military will be focused on restoring order, and individuals must take responsibility for their own safety and that of their families. Practical steps to prepare for martial law include securing the home, stocking discrete supplies of food and water, installing reliable security measures, and investing in personal protective gear such as gas masks and body armour. It is also crucial to have a clear family plan and to stay inconspicuous outside of the home.
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War, invasion, insurrection
Martial law is a power that allows the military to take over the role of civilian government in an emergency. It is often declared in response to war, invasion, insurrection, or civil unrest.
In the United States, martial law has been imposed at the federal or state level a total of 68 times throughout history. The last time it was declared at the federal level was in 1944, when the federal government restored civilian rule to Hawaii. At the state level, the last declaration of martial law was in 1963 in the state of Maryland.
During times of war, martial law may be declared to restore order in areas where civilian authority has stopped functioning. For example, during the 2020 Nagorno-Karabakh war, both the Armenian prime minister and the Azerbaijani president declared martial law.
In the case of an invasion, the president of a nation may act to repel the attack, even without the blessing of Congress. If Congress has authorized military action, the president controls the conduct of military operations, even if the fighting is taking place within the country's borders.
In the event of an insurrection, the Insurrection Act authorizes the president to deploy military forces within the United States to suppress rebellion or enforce the law. This has been invoked numerous times throughout American history, including by President Abraham Lincoln at the start of the Civil War.
When martial law is declared, everyday freedoms are restricted, and curfews and checkpoints are enforced. The military assumes control, enforcing laws and making policy decisions. People accused of crimes are brought before military tribunals, and legal rights such as habeas corpus may be suspended.
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Civil unrest, riots, protests
In the United States, martial law refers to the placement of a region, state, city, or the entire nation under military control. The US President and Congress can impose martial law nationally, while state governors can impose it within their state borders.
Martial law is a rare and extreme measure, and in the US, it is not explicitly defined in the Constitution. It involves the temporary suspension of the civilian government, with the military taking over key functions such as law enforcement, courts, and public administration. While there is no universal definition, it often refers to the use of the military for law enforcement.
Historically, martial law has been declared in the US about 68 times, with most cases involving labour and civil unrest, riots, and protests. For example, in 1934, California Governor Frank Merriam placed the docks of San Francisco under martial law due to "riots and tumult" caused by a dock worker's strike. Similarly, in 1963, martial law was declared during the Civil Rights Movement in response to the Cambridge riot. In 1968, following the assassination of Dr. Martin Luther King Jr., the National Guard was deployed in Chicago to address rioting and arson. In 1970, President Richard Nixon used troops to stop anti-war protests at Kent State University in Ohio.
In more recent times, in 2020, President Donald Trump deployed the National Guard to Los Angeles to address riots and violent protests sparked by ICE raids. In 2020, during an anti-government uprising, King Hamad bin Isa Al Khalifa declared martial law, granting the police and military authority to crack down on protesters.
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Natural disasters
In the United States, martial law refers to instances when a region, state, city, or the entire nation is placed under the control of a military body. While the US Constitution does not define or specify who can declare martial law, state governors have the power to impose martial law within their state borders.
State governors can declare martial law in response to natural disasters, such as the 1900 Galveston hurricane, the Great Chicago Fire of 1871, and the 1906 San Francisco earthquake. In these instances, civilian authority over an area has stopped functioning, and the military steps in to assume governance. The military commander gains virtually unlimited authority to govern the area, suspending local laws, civil authority, and sometimes local judiciaries. They may also enforce temporary laws and military tribunals.
The declaration of martial law in response to natural disasters is not a recent phenomenon, with the last instance of a state governor declaring martial law occurring in 1963. Maryland Governor J. Millard Tawes imposed martial law in Cambridge for over a year in response to clashes between racial justice advocates and segregationists.
While the US President can call on the military to help local governments after natural disasters, their powers are usually limited. The Insurrection Act, amended in 2006, gives the President new powers to use the military in cases of domestic disturbance, terrorism, insurrection, and natural disasters. However, the use of martial law is considered a last resort, as it could be abused as a political tool to control the population.
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Ambiguities in American law
While a US president can impose martial law, there is no clear constitutional mechanism for a president to declare military rule. The US Constitution does not provide for military control, and American leaders have sometimes pressed their war powers beyond the constitutional breaking point.
The Insurrection Act, which permits the president to deploy the military upon the request of a state legislature or governor, is considered poorly drafted and dangerous to American democracy. Section 252 of the act gives the president the authority to deploy troops domestically "whenever the president considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States" exist. This section has been invoked in several instances of lawless defiance of government authority, including the Whiskey Rebellion during George Washington's second term and the 1992 Los Angeles riots.
State governors can declare martial law in the event of an emergency, but they cannot abrogate the federal Constitution, and any declaration of state military control is subject to judicial review. Governors have the power to impose martial law within the borders of their states, and this has been done for various reasons, including war or invasion, domestic war or insurrection, riot or civil unrest, labour dispute, and natural disaster.
In summary, while there is no explicit constitutional authority for a president to declare martial law, there are ambiguities in American law that could allow a president or governor to do so. The Insurrection Act, in particular, grants the president significant authority to deploy the military domestically, which could be interpreted as a form of martial law.
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Frequently asked questions
Martial law is when the military takes over the administration of an area from civil authorities, usually in response to war, invasion, insurrection, riot, or civil unrest.
Yes, martial law has been declared in the US at both the federal and state levels. While there is no constitutional mechanism for a president to declare military rule, there is a statutory basis for military intervention in domestic affairs. State governors have the power to impose martial law within their state borders.
A governor can declare martial law in the event of an emergency, such as war, insurrection, riot, or natural disaster.
Curfews and checkpoints replace everyday freedoms, and law and order become the priority. The suspension of legal rights can also occur, such as habeas corpus.
Examples of governors declaring martial law include the territorial governor of Hawaii after the Japanese attack on Pearl Harbor in 1941, the governor of Illinois during the Illinois Mormon War in 1843, and the governor of Colorado during a miner strike in 1914.
