Keith Mack
Martial law is the temporary substitution 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, and can be imposed when civil rule fails. 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. It has also been declared by renegade local leaders seeking to avoid arrest or challenges to their authority. While 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 it. The Supreme Court has never clearly stated whether the federal government has the power to declare martial law, and if so, whether congressional authorization would be required.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | This is not clear. The US Constitution does not define martial law, and it does not specify who can declare it. The Supreme Court has never ruled that the president or federal government can declare martial law. However, the modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances". |
| When can martial law be declared? | In times of war, rebellion, insurrection, natural disaster, civil unrest, or emergency. |
| What does it entail? | The temporary substitution of military authority for civilian rule. The suspension of all local laws, civil authority, and sometimes local judiciaries. The commander of the military has virtually unlimited authority to govern an area and make and enforce laws. |
| What are the limitations? | Martial law is subject to judicial review. The military cannot suspend or violate constitutional rights. |
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During war
Martial law is the temporary substitution of military authority for civilian rule and is invoked in times of war, rebellion, or natural disaster. It is often declared in times of serious crises and is a last resort to bring back stability. Martial law may be declared in response to violent civil unrest, protests, coup d'états, or insurrections. It may also be declared when a country's military occupies foreign territory, such as at the end of a war.
In modern times, martial law has been invoked during the 2020 Nagorno-Karabakh war by both the Armenian prime minister Nikol Pashinyan and the Azerbaijani president Ilham Aliyev.
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Natural disasters
Martial law is a state of law administered by the military rather than a civilian government, typically to restore order in a time of crisis. It is often used to describe the use of the military for law enforcement. In the United States, martial law has been declared 68 times, four of which were in response to natural disasters.
In the US, the president, Congress, or a local military commander may impose degrees of martial law under specific situations. Nearly every state governor also has the power to impose martial law within their state borders. However, the president lacks the authority to declare martial law unilaterally.
In the wake of natural disasters, a declaration of emergency is more common than a declaration of martial law. This is because an emergency declaration is easier to reverse, and the government does not have to hand over power to the military. When martial law is declared, civil liberties, such as freedom of movement, freedom of speech, and protection from unreasonable searches, can be suspended.
Examples of martial law being declared in response to natural disasters include the 1900 Galveston hurricane, the 1906 San Francisco earthquake, and the Great Chicago Fire of 1871.
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Civil unrest
In the United States, martial law has been declared in response to chaos associated with protests and mob action. For example, in 1934, San Francisco was placed under martial law during the West Coast waterfront strike, and in Montgomery, Alabama, it was declared following mob actions against the Freedom Riders. In 1978, the Iranian government declared martial law in Tehran and several other cities in response to public demonstrations protesting the perceived government involvement in the death of Mostafa Khomeini, the son of Ayatollah Khomeini. This led to further protests and the army opening fire on protesters.
Martial law has also been used to suppress political opposition, such as in Poland in 1981. In the US, martial law has been declared five times since World War II to counter resistance to federal desegregation decrees in the South.
While the US Constitution does not make a specific provision for the imposition of martial law, nearly every state has a constitutional provision authorizing the government to impose it. However, the power of martial law is limited by court decisions, and civilians cannot be tried by military tribunals as long as civilian courts are functional.
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Military coups
Martial law is 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, or natural disaster. However, it can also be invoked following a military coup d'état, which is the sudden and violent overthrow of an existing government by a small group.
A coup d'état, often abbreviated to coup, involves the use of force or violence to illegally overthrow a lawful government. It is characterized by the involvement of military or police units and results in the abrupt replacement of leading government personnel. Coups are typically carried out by a small group of conspirators, in contrast to a revolution, which is driven by larger groups of uncoordinated people seeking social, economic, and political change. While a coup may not alter a nation's fundamental policies or power structures, it represents a rapid shift in power dynamics.
Historically, coups d'état have occurred worldwide, with notable examples in Egypt, Thailand, China, Russia, Spain, Peru, Mexico, Bolivia, and various other countries. They have also been a frequent occurrence in Latin America and Africa. The success rate of coup attempts is relatively balanced, with Clayton Thyne and Jonathan Powell's dataset recording a 50.3% failure rate between 1950 and 2010.
In the context of military coups, martial law may be established to enforce the new regime's authority and suspend civil liberties. This involves the military commander gaining unlimited authority to make and enforce laws, effectively replacing civilian legal processes. However, it is important to note that the declaration of martial law, especially in democratic societies, may be subject to judicial review and constitutional constraints.
The declaration of martial law following a coup can serve to consolidate the new regime's power and suppress opposition. It provides the military with the legal framework to enforce its rule and potentially stabilize the country in the aftermath of the coup. However, the specific implications and outcomes of invoking martial law after a coup depend on various factors, including the country's political system, the extent of civil unrest, and the international response to the coup.
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Presidential declaration
Martial law is the temporary substitution 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, insurrection, or natural disaster. In the United States, martial law has been declared for a state or locality under various circumstances, including after a direct foreign attack, after a major disaster, and in response to chaos associated with protests and mob action.
While the U.S. Constitution does not specifically define or authorize the imposition of martial law, nearly every state has a constitutional provision authorizing the government to impose it. The power to declare martial law once held by the government is now limited, and civilians cannot be tried by military tribunals as long as civilian courts are functional. The Supreme Court has never clearly stated whether the federal government or the president has the power to declare martial law unilaterally or whether it would require congressional authorization.
A presidential declaration of martial law would violate the rules set by Congress, as the Constitution does not grant the president "conclusive and preclusive" power over the issue of domestic military deployment. The Insurrection Act, which is law, also requires the president to first issue a proclamation ordering the insurgents to disperse within a limited time before invoking martial law. However, the fact that martial law is not codified places its use in a grey legal area, and there is nothing to prevent the president from declaring it.
Despite the limitations and ambiguity surrounding presidential declarations of martial law, several presidents throughout history have imposed or approved declarations of martial law. While the exact scope and limits of martial law remain unclear, it generally involves the suspension of certain civil liberties, such as the right to be free from unreasonable searches and seizures, freedom of association, and freedom of movement.
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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 often declared in times of war, rebellion, civil unrest, natural disasters, or in the case of a coup d'état.
The ability to declare martial law varies by country. In the United States, it has been declared by state governors, the president, and local military commanders. However, the Supreme Court has never explicitly ruled that the president or federal government can declare martial law.
During martial law, standard civil liberties may be suspended, and the military commander of an area or country has unlimited authority to make and enforce laws.
Martial law has been declared several times throughout history. Some examples include:
- In Thailand in 2006 and 2014, and in Egypt in 2013 following coups d'état
- In China during the Tiananmen Square protests in 1989
- In the United States after the Japanese attack on Pearl Harbor, and after the Great Chicago Fire of 1871
