Gavin Howe
Martial law is the temporary substitution of military authority for civilian rule. It is often declared in times of war, rebellion, civil unrest, or natural disasters. In the United States, martial law may be declared by proclamation of the President or a State governor, but a formal proclamation is not necessary. While the US Constitution does not define or specify who can declare martial law, nearly every state has a constitutional provision authorizing the government to impose it. In nearly every state, the governor has the power to impose martial law within the borders of the state. The President, as commander in chief of the military, may also have the authority to declare martial law, but this is a matter of debate.
| Characteristics | Values |
|---|---|
| Who can declare martial law | The President, State governor, or Congress |
| Who enforces martial law | Military commanders, not elected officials |
| Who is affected by martial law | Ordinary citizens accused of defying martial law |
| Where martial law can be applied | A region, state, city, or the whole country |
| When martial law is applied | In times of war, rebellion, civil unrest, or natural disaster |
| How martial law is enforced | Through the suspension of civilian legal processes and standard civil liberties |
| How long does martial law last | For a specified amount of time, or indefinitely |
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The US President
In the United States, martial law refers to the temporary transfer of power from civilian authorities to a military body. This can occur at the national level or within a specific region, state, or city. While the US Constitution does not explicitly grant the President the power to declare martial law, there have been instances where US Presidents have imposed or been involved with martial law.
Historically, US Presidents have taken actions related to martial law, either directly or indirectly. For example, President Andrew Jackson imposed martial law in New Orleans in 1814. In 1832, President Jackson also arrested individuals who expressed opposition to his enforcement of martial law, including a state senator and a judge. In 1861, President Abraham Lincoln suspended habeas corpus to arrest members of the Maryland state assembly, though this was not considered a declaration of martial law.
On September 15, 1863, President Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri. This authorization allowed the President to suspend habeas corpus and civil rights throughout the country. However, the Supreme Court later ruled that Lincoln's imposition of martial law was unconstitutional in areas where local courts were still functioning.
In 1906, following an earthquake, federal troops were pressed into martial law service in San Francisco. President Woodrow Wilson also sent federal troops to Colorado during the Colorado Coalfield War in 1914, which some sources consider an imposition of martial law.
More recently, in 2006, President George W. Bush signed a law that gave the President the power to declare martial law and take command of National Guard units without the consent of state governors. However, the constitutionality of a unilateral declaration of martial law by the President is still debated, with some scholars arguing that congressional authorization is necessary.
In summary, while the US President has been involved in instances of martial law, the power to declare it is complex and constrained by the Constitution and federal law. The President's ability to impose martial law is further limited by court decisions and acts such as the Posse Comitatus Act, which regulates domestic military involvement.
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US Congress
In the United States, martial law refers to the imposition of military control over a region, state, city, or the entire country. It involves the temporary replacement of civilian authorities with military rule, and the suspension of civil liberties and legal processes.
The US Constitution does not explicitly grant the President or Congress the authority to impose martial law. However, Article 1, Section 9 of the Constitution mentions the suspension of the writ of habeas corpus in cases of rebellion or invasion, which has been interpreted as allowing for the use of martial law. Additionally, Articles I and II of the Constitution give both the legislative and executive branches some control over the military.
While some scholars argue that the President has the executive power to declare martial law, others contend that congressional authorization is necessary. The Supreme Court's rulings on the matter have been inconsistent, and the exact scope and limits of martial law remain unclear. Congress may be the only governmental branch that can legally declare martial law, with the President acting according to its authorization. In 1878, Congress passed the Posse Comitatus Act, which prohibits the US military from engaging in domestic law enforcement without congressional approval, further highlighting the role of Congress in regulating the use of military force within the US.
Throughout history, martial law has been imposed at least 68 times in limited areas of the US, often during times of war, rebellion, civil unrest, or natural disasters. Notable instances include the imposition of martial law by President Lincoln in Kentucky, Maryland, and Missouri during the Civil War, and in Chicago following the Great Chicago Fire of 1871.
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State governors
In the United States, state governors can declare martial law, which is the temporary substitution of military authority for civilian rule. This 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.
Although the U.S. Constitution does not define martial law and does not specify who can declare it, 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, while others believe the president needs congressional authorization to impose martial law in a civilian area.
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Military coups
A coup d'état, often abbreviated to coup, is the sudden, violent overthrow of a lawful government through illegal means. A coup is typically carried out by a small group of people, and the chief prerequisite for a successful coup is control of all or part of the armed forces, the police, or other military elements.
There are several types of coups, including:
- Palace coup: One faction within a ruling group displaces another faction within the same group.
- Pronunciamiento: The military deposes the existing government and transfers power to a new, ostensibly civilian government.
- Barracks revolt: A mutiny within specific military garrisons that sparks a larger military revolt against the government.
- Dissident coup: Culprits are nominally protestors without backing from any military or police units.
- Judicial coup: A "legal" coup that utilizes the judiciary as its main instrument.
- Royal coup: A monarch dismisses democratically elected leaders and seizes power.
Coups were a regular occurrence in various Latin American nations in the 19th and 20th centuries and in African nations after they gained independence in the 1960s. Notable historical examples of coups include:
- 1155, Ancient Egypt: Pharaoh Ramesses III was assassinated in a conspiracy led by Tiye, one of his wives, to place her son on the throne.
- 1822, Spain: The Royal Guard attempted an absolutist coup against King Ferdinand VII, but failed.
- 1854, Spain: General Leopoldo O'Donnell led a successful revolutionary coup in Madrid.
- 1923, Germany: Adolf Hitler's Beer Hall Putsch.
Martial law is often declared following a military coup d'état. Martial law involves the temporary substitution of military authority for civilian rule, and it is usually invoked in times of war, rebellion, civil unrest, or natural disaster. Standard civil liberties may be suspended during martial law, and the military commander gains unlimited authority to make and enforce laws.
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Natural disasters
In the United States, martial law has been declared in response to natural disasters, such as the Great Chicago Fire of 1871, the 1900 Galveston hurricane, the 1906 San Francisco earthquake, and the 1900 Akron Riot. In nearly every state, the governor has the power to impose martial law within the state's borders. For example, in 1903, Colorado Governor James Peabody declared martial law in Cripple Creek and Telluride to break a peaceful strike by the Western Federation of Miners.
However, the use of martial law in the wake of natural disasters is less common than during civil unrest or disorder. Instead of declaring martial law and handing over power to the military, governments typically declare a state of emergency, which allows them to expand their powers or limit the rights of citizens without involving the military.
In Switzerland, there are no provisions for martial law. However, under the Army Law of 1995, the army can be called upon by cantonal (state) authorities for assistance in cases of natural disasters or special protection requirements. This assistance generally requires parliamentary authorization and takes place under the civilian leadership of the cantonal authorities.
While the US President does not have the authority to declare martial law, they can deploy troops to assist civilian law enforcement. Additionally, the US Congress has the power to impose martial law since they can be in charge of the militia.
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Frequently asked questions
The US Constitution does not specify who can declare martial law. However, throughout history, several presidents and state governors have imposed or approved declarations of martial law. It is believed that Congress may be the only governmental branch that can legally declare martial law.
In other countries, martial law has been imposed by government officials, military commanders, and presidents. For example, in Pakistan in 1999, President General Musharraf declared a state of emergency, which was claimed to be equivalent to the state of martial law.
Martial law is the temporary substitution of military authority for civilian government in an emergency. It is usually invoked in times of war, rebellion, or natural disaster.
Martial law has been imposed at least 68 times in limited, usually local areas of the United States. Notable instances include:
- Boston (1774) — In response to the Boston Tea Party, the British Parliament passed the Intolerable Acts, effectively placing Boston under martial law.
- Virginia (1775) — Lord Dunmore, the royal governor of Virginia, declared martial law, offering freedom to indentured servants and enslaved individuals who joined British forces.
- New York (1776) — Following the British capture of New York City, martial law was imposed to restore order and assert British authority.
