- What is Martial Law
- Martial Law History in the U.S.
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis usually only temporary when the civilian government or civilian authorities fail to function effectively (e.g., maintain order and security, and provide essential services), when there are extensive riots and protests, or when the disobedience of the law becomes widespread.
In most cases, military forces are deployed to quiet the crowds, to secure government buildings and key or sensitive locations, and to maintain order. Generally, military personnel replace civil authorities and perform some or all of their functions. The constitution could be suspended, and in full-scale martial law, the highest ranking military General would take over, or be installed, as the military governor or as head of the government, thus removing all power from the executive, legislative, and judicial branches of the federal government.
- United States
- Ex Parte Milligan
- New Orleans, Louisiana in the War of 1812
- Missouri August 30, 1861
- The Great Chicago Fire
- The American Revolution
- The Territory of Hawaii
- Operation Garden Plot 1968, 1978, 1991
- Hurricane Katrina
United States
In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. On October 1, 2002 United States Northern Command was established to provide command and control of Department of Defense homeland defense efforts and to coordinate defense support of civil authorities.
The National Guard is an exception, since unless federalized, they are under the control of state governors. This was changed briefly: Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122), was signed by President Bush on October 17, 2006, and allowed the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities. Title V, Subtitle B, Part II, Section 525(a) of the JWDAA of 2007 reads "The [military] Secretary [of the Army, Navy or Air Force] concerned may order a member of a reserve component under the Secretary's jurisdiction to active duty...The training or duty ordered to be performed...may include...support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense." The President signed the Defense Authorization Act of 2008 on January 13, 2008. However, Section 1068 in the enacted 2008 defense authorization bill (H.R. 4986: "National Defense Authorization Act for Fiscal Year 2008") repealed this section of PL 109-364.
Ex parte Milligan
On September 15, 1863, President Lincoln imposed Congressionally-authorized martial law. The authorizing act allowed the President to suspend habeas corpus throughout the entire United States (which he had already done under his own authority on April 27, 1861). Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers. The President's proclamation was challenged in Ex parte Milligan, 71 US 2 [1866]). The Supreme Court ruled that Lincoln's imposition of martial law (by way of suspension of habeas corpus) was unconstitutional in areas where the local courts were still in session.
New Orleans, Louisiana in the War of 1812
Fremont order of Martial Law throughout
Missouri August 30, 1861
Headquarters of the Western Department
St. Louis, August 30, 1861.
Circumstances, in my judgment, of sufficient urgency, render it necessary that the commanding general of this Department should assume the administrative powers of the State. Its disorganized condition, the helplessness of the civil authority, the total insecurity of life, and the devastation of property by bands of murderers and marauders, who infest nearly every county of the State, and avail themselves of the public misfortunes and the vicinity of a hostile force to gratify private and neighborhood vengeance, and who find an enemy wherever they find plunder, finally demand the severest measures to repress the daily increasing crimes and outrages which are driving off the inhabitants and ruining the State.
St. Louis, August 30, 1861.
Circumstances, in my judgment, of sufficient urgency, render it necessary that the commanding general of this Department should assume the administrative powers of the State. Its disorganized condition, the helplessness of the civil authority, the total insecurity of life, and the devastation of property by bands of murderers and marauders, who infest nearly every county of the State, and avail themselves of the public misfortunes and the vicinity of a hostile force to gratify private and neighborhood vengeance, and who find an enemy wherever they find plunder, finally demand the severest measures to repress the daily increasing crimes and outrages which are driving off the inhabitants and ruining the State.
In this condition, the public safety and the success of our arms require unity of purpose, without let or hindrance, to the prompt administration of affairs.
In order, therefore, to suppress disorder, to maintain as far as now practicable the public peace, and to give security and protection to the persons and property of loyal citizens, I do hereby extend and declare established Martial Law throughout the State of Missouri.
The lines of the Army of Occupation in this State are for the present declared to extend from Leavenworth by way of the posts of Jefferson City, Rolla, and Ironton, to Cape Girardeau, on the Mississippi River.
All persons who shall be taken with arms in their hands within these lines shall be tried by Court-Martial, and if found guilty will be shot.
The property, real and personal, of all persons, in the State of Missouri, who shall take up arms against the United States, or who shall be directly proven to have taken an active part with their enemies in the field, is declared to be confiscated to the public use, and their Slaves, if any they have, are hereby declared Free men.
All persons who shall be proven to have destroyed, after the publication of this order, railroad tracks, bridges, or telegraphs, shall suffer the extreme penalty of the law.
All persons engaged in Treasonable correspondence, in giving or procuring aid to the Enemies of the United States, in fomenting tumults, in disturbing the public tranquility by creating and circulating false reports or incendiary documents, are in their own interests warned that they are exposing themselves to sudden and severe punishment.
All persons who have been led away from their allegiance, are required to return to their homes forthwith; any such absence, without sufficient cause, will be held to be presumptive evidence against them.
The object of this declaration is to place in the hands of the Military authorities the power to give instantaneous effect to existing laws, and to supply such deficiencies as the conditions of War demand. But this is not intended to suspend the ordinary Tribunals of the Country, where the Law will be administered by Civil officers in the usual manner, and with their customary authority, while the same can be exercised.
The commanding general will labor vigilantly for the public Welfare, and in his efforts for their safety hopes to obtain not only the acquiescence, but the active support of the Loyal People of the Country
The Great Chicago Fire
The American Revolution
The Territory of Hawaii
Opertion Garden Plot 1968, 1978, 1991
1968 Documents1978 Documents
1991 Documents
Hurricane Katrina
Contrary to many media reports at the time, martial law was not declared in New Orleans in the aftermath of Hurricane Katrina, because no such term exists in Louisiana state law. However, a State of Emergency was declared, which does give unique powers to the state government similar to those of martial law. On the evening of August 31, 2005, New Orleans Mayor Ray Nagin nominally declared "martial law" and said that officers didn't have to observe civil rights and Miranda rights in stopping the looters. Federal troops were a common sight in New Orleans after Katrina. At one point, as many as 15,000 federal troops and National Guardsmen patrolled the city. Additionally it has been reported that armed contractors from Blackwater USA assisted in policing the city.
