Gavin Howe
The US Constitution and founding documents do not mention martial law, nor has Congress passed a law specifying when it can be declared. The term refers to when the military temporarily assumes control of civil governance and law enforcement, suspending local laws, civil authority, and sometimes local judiciaries. While the US President has extensive authority to deploy the military domestically, there is debate over whether the President can declare martial law. Some scholars believe the President has the executive power to do so, while others argue that congressional authorization is required.
| Characteristics | Values |
|---|---|
| Who can impose martial law? | The US Constitution does not explicitly grant the president the power to declare martial law. However, several presidents have done so throughout history. Some scholars believe the president has the executive power to declare martial law, while others believe the president needs congressional authorization. Congress may be the only governmental branch that can legally declare martial law. State officials and governors can also declare martial law. |
| When can martial law be imposed? | In times of extreme emergencies when existing civilian government and law enforcement have ceased to function or become ineffective. Historically, martial law has been imposed in the US at least 68 times, including during war or invasion, domestic war or insurrection, riot or civil unrest, labour dispute, and natural disaster. |
| What happens when martial law is imposed? | Military authorities take control of civil governance and law enforcement, suspending certain civil liberties and temporarily substituting their own rules. |
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What You'll Learn
The US President's power to impose martial law
The Posse Comitatus Act of 1878 prevents the US military from engaging in civilian law enforcement activities without congressional approval, strengthening the separation of powers between Congress and the President. The Insurrection Act of 1807, however, allows the President to deploy military forces to address rebellions and support local law enforcement in dealing with domestic violence.
Historically, martial law has been imposed at least 68 times in limited, typically local areas of the US. While Presidents have used their powers to varying degrees, states have more frequently declared martial law. Notable instances of presidential involvement in martial law include President Lincoln's suspension of habeas corpus in 1861 and Congressionally authorized imposition of martial law in 1863, as well as President Wilson's deployment of federal troops during the Colorado Coalfield War in 1914.
In recent times, the John Warner National Defense Authorization Act for Fiscal Year 2007 granted the President the power to declare martial law and command National Guard units without state governors' consent. This expansion of presidential authority sparked debates about the appropriate balance of powers, with Senator Patrick Leahy seeking to reverse these amendments in 2007.
In conclusion, while the US President has certain powers to utilize the military and enforce law and order, the explicit authority to impose martial law remains ambiguous and subject to ongoing legal interpretation.
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State governor's power to impose martial law
The US Constitution does not define martial law, nor does it specify who can declare it. However, the power to impose martial law is generally thought to lie with the state governor or legislature. Indeed, almost all state constitutions allow the state governor or legislature to impose martial law.
State governors have imposed martial law in response to violent civil unrest, natural disasters, or to break labour strikes. For example, in 1900, the Akron Riot and the Galveston hurricane led to declarations of martial law by state officials. In September 1903, Colorado Governor James Peabody declared martial law in Cripple Creek and Telluride to break a peaceful strike by the Western Federation of Miners.
In the case of an insurrection, state governors have the power to suppress rebellions. For instance, in 1914, the Colorado National Guard was called in to quell a strike, and the governor eventually proclaimed martial law, which resulted in the Ludlow Massacre.
State-level martial law was last declared in 1963, when 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.
Although the US President can call on the military to help local governments after natural disasters, the Supreme Court has never ruled that the President can declare martial law. The Posse Comitatus Act of 1878 also prevents the US military from participating in civilian law enforcement without congressional approval.
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Martial law and the suspension of habeas corpus
The US Constitution does not explicitly grant the president the power to declare martial law. However, it does allow for the suspension of habeas corpus in Article 1, Section 9:
> The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
The doctrine of habeas corpus is the right of any person under arrest to appear in person before the court to ensure they have not been falsely accused.
The suspension of habeas corpus is related to the imposition of martial law. While martial law has been imposed at least 68 times in limited, usually local areas of the US, habeas corpus has only been suspended once, in 1863 during the Civil War.
President Lincoln suspended habeas corpus in 1861 in Maryland to try large numbers of civilian rioters in military courts and to prevent the movement of Confederate troops on Washington. In 1863, Lincoln imposed Congressionally authorised martial law on Kentucky, Maryland and Missouri, which allowed him to suspend habeas corpus and civil rights throughout the US. The Supreme Court later ruled that this was unconstitutional in areas where local courts were still in session.
The Insurrection Act of 1807 allows the president to deploy military forces to put down rebellions within the US and deploy the military to help local law enforcement deal with domestic violence. However, the Posse Comitatus Act of 1878 prevents the US military from participating in civilian law enforcement activities without congressional approval.
While the president can call on the military to help local governments after natural disasters, this does not usually involve the suspension of habeas corpus.
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Martial law imposed during natural disasters
In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. It has been declared four times in response to natural disasters, including the Great Chicago Fire of 1871, the 1900 Galveston hurricane, the 1906 San Francisco earthquake, and the 1900 Akron Riot.
During the Chicago fire, Mayor Roswell B. Mason declared martial law and placed the city under the command of General Philip Sheridan. Similarly, in 1906, federal troops were stationed in San Francisco to enforce martial law after the earthquake. Dynamite was confiscated and used to destroy buildings to prevent the spread of fires. In Galveston, Texas, in 1900, martial law was imposed following a hurricane. In Akron, Ohio, in 1900, martial law was imposed in response to a riot.
While the president can call on the military to aid local governments after natural disasters, this does not constitute the declaration of martial law. The Posse Comitatus Act of 1878 prevents the US military from engaging in civilian law enforcement without congressional approval. The Insurrection Act of 1807 allows the president to deploy the military to assist local law enforcement in dealing with domestic violence.
The US Constitution does not explicitly grant the president the power to declare martial law, and the Supreme Court has never ruled that the president has this authority. Instead, this power is usually held by state governors or legislatures.
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Martial law imposed during civil unrest
In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. Martial law has been declared 11 times for civil unrest, with the first instance occurring 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 defend against a British invasion.
In 1863, President Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri. This allowed him to suspend habeas corpus and civil rights throughout the US. In 1871, Chicago Mayor Roswell B. Mason declared a state of martial law in response to the Great Chicago Fire. In 1900, state officials declared martial law during the Akron Riot and the Galveston hurricane. In 1903, Colorado Governor James Peabody imposed martial law in Cripple Creek and Telluride to break a peaceful strike by the Western Federation of Miners.
In 1914, the imposition of martial law climaxed during the Colorado Coalfield War. The Colorado National Guard was called in, and the governor eventually proclaimed martial law, resulting in the Ludlow Massacre. In 1919, local leaders declared martial law during the Omaha race riot, and in 1920 during the Lexington riots. In 1934, martial law was declared during the West Coast waterfront strike. In 1963, martial law was imposed during the Civil Rights Movement in response to the Cambridge riot.
Martial law has been declared nine times since World War II, and in five instances, it was designed to counter resistance to federal desegregation decrees in the South. The imposition of martial law typically accompanies curfews, the suspension of civil rights, and the application of military law to civilians. While the US President and Congress have the power to impose martial law, it is generally imposed by state governors. The Posse Comitatus Act of 1878 prevents the US military from participating in civilian law enforcement without congressional approval.
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Frequently asked questions
The US Constitution does not explicitly grant the president the power to declare martial law. However, the president can deploy the military to help local governments after a natural disaster or to enforce federal laws and maintain public order. State officials, on the other hand, have declared martial law in response to violent civil unrest or natural disasters.
Martial law is a vague legal term for when military authorities take control of civil governance and law enforcement. During martial law, military leaders may suspend certain civil liberties and impose their own rules.
Martial law is intended for times of extreme emergencies when existing civilian governments and law enforcement have ceased to function or become ineffective. The Posse Comitatus Act of 1878 forbids US military involvement in domestic law enforcement without congressional approval. Additionally, civilians may not be tried by military tribunals as long as civilian courts are functional.
Yes, martial law has been imposed at least 68 times in limited, usually local areas of the United States. Notable instances include General Andrew Jackson's declaration of martial law in New Orleans in 1814 and President Lincoln's imposition of Congressionally authorized martial law on Kentucky, Maryland, and Missouri during the Civil War.
