Martial law
Martial law is a temporary state of military control enacted during emergencies, distinct from civil or military law. It typically involves the deployment of military personnel to enforce laws and maintain order domestically in situations such as insurrections or national crises. In the United States, martial law can be declared by the president or state governors, with the National Guard often playing a key role. However, the U.S. Constitution does not explicitly outline the president's authority to impose martial law, leading to a complex legal landscape that requires Congressional approval for certain actions, such as suspending habeas corpus.
Historically, martial law has been invoked in significant events, including Abraham Lincoln's declaration during the Civil War and the military response in Hawaii following the Pearl Harbor attack in 1941. The Supreme Court has intervened to delineate the limits of military authority under martial law, ruling that military trials of civilians are invalid when civilian courts are operational. While the military can support civil authorities, its powers are constrained, and judicial review can assess the legality of martial law actions. This balance underscores the tension between national security and civil liberties during times of crisis.
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Martial law
SIGNIFICANCE: Martial law is a special condition during a state of emergency, not a body of laws and regulations as in civil law and military law, and the military’s authority under martial law is never absolute.
Martial law is the temporary use of military personnel to enforce laws and judicial decisions domestically. In the United States the term usually refers to the declaration of martial law by the president of the United States, who may employ the federal armed forces, or by state governors, who may mobilize the National Guard of their respective states.
Whereas the constitutions of most states authorize the governors or legislatures to proclaim martial law and dispatch the National Guard to control insurrections, the U.S. Constitution is not so straightforward about the president’s powers. Article IV, section 4, enables the federal government to help a state suppress domestic violence upon the request of the legislature or governor. Article I, section 8, empowers the U.S. Congress “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” Since the Constitution requires that the president ensure the faithful execution of the nation’s laws (Article II, section 3) and makes him commander-in-chief of federal forces, he is considered to have the power to declare martial law, although Congress must approve the suspension of writs of habeas corpus (applications to a court to consider whether a person in custody is being held lawfully). Precedent suggests that only war or national emergency justifies the use of martial law, but neither the U.S. Constitution nor statutory law specifies such limits.
Throughout U.S. history, only two presidents have declared martial law. During the Civil War, Abraham Lincoln proclaimed martial law over Washington, D.C., and over areas of the Confederacy that were occupied by federal troops. He also suspended the privilege of writs of habeas corpus. Governor Joseph Poindexter instituted martial law for Hawaii on December 7, 1941, a move subsequently seconded by President Franklin D. Roosevelt. Roosevelt also authorized military commanders to exert direct authority over some areas of the United States; designated portions of the Western states were used to incarcerate Americans of Japanese descent. Other federal officials have occasionally declared limited martial law to quell or prevent riots. In some instances a president, without formally declaring martial law to enforce federal laws, has sent troops to a state, even over a governor’s objection.
U.S. Supreme Court decisions have limited the power of the military during martial law. During the Civil War the Court ruled that trials of civilians by federal military tribunals were invalid when civilian courts were open. Only when civil administration completely breaks down may military tribunals try civilians (Ex parte Milligan, 1866). In 1946 the Supreme Court decided that the military did not have jurisdiction over civilian employees of a military installation (Duncan v. Kahanamoku). However, the Court earlier appeared to approve some trials of civilians in state military courts by rejecting a suit for wrongful imprisonment resulting from one such trial (Moyer v. Peabody, 1909). The Court has also reserved the power to decide whether a governor’s use of military forces is justified (Sterling v. Constantin, 1932).
Bibliography
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