When martial law is declared, civilian control of some or all aspects of government operations is ceded to the military. This means that, in the case of elected governments, the representatives chosen by the voting population are no longer in power.
Civilians have thus ceded control of the country in exchange for the potential restoration of order with the possibility that control may not be reclaimed in the future. When martial law is declared, civil liberties, such as the right to free movement, free speech , or protection from unreasonable searches, can be suspended. The justice system that typically handles issues of criminal and civil law is replaced with a military justice system, such as a military tribunal.
Civilians may be arrested for violating curfews or for offenses that, in normal times, would not be considered serious enough to warrant detention. Laws relating to habeas corpus that are designed to prevent unlawful detention may also be suspended, allowing the military to detain individuals indefinitely without the possibility of recourse.
Considering the negative ramifications martial law can have on a country and its citizens, declaring martial law is a last resort reserved for situations where law and order are rapidly deteriorating. For example, in , the governor of Idaho instituted martial law after a group of rebellious mine workers blew up a mill, which leveled a four-story building and killed several people. Typically, the power to declare martial law rests with the president. For example, a president may be authorized to declare martial law during a time of violent civil unrest, but only for 60 days.
International laws may also limit the scope and duration of martial law if a country has signed onto a multilateral treaty. The use of martial law in the wake of natural disasters is less common. Rather than declaring martial law and hand over power to the military in the case of a hurricane or earthquake, governments are much more likely to declare a state of emergency.
When a state of emergency is declared, the government may expand its powers or limit the rights of its citizens. The government does not, however, have to hand power over to its military. In some cases, a government may invoke a state of emergency specifically to suppress dissent or opposition groups.
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Key Takeaways: Martial law is law administered by the military rather than a civilian government, typically to restore order. Martial law is declared in an emergency, in a response to a crisis, or to control occupied territory. When martial law is declared, civil liberties, such as the right to free movement, free speech, protection from unreasonable searches, and habeas corpus laws may be suspended.
Therefore, under Youngstown , the president would not have the constitutional authority to override the restrictions Congress has put in place, and a unilateral declaration of martial law would not survive a legal challenge. There are no existing federal statutes that authorize the president to declare martial law.
However, while Congress has passed a multitude of laws related to domestic military deployment, these laws do not only create restrictions. Congress has also given the president considerable authority to use troops domestically in ways short of martial law.
The Insurrection Act, and potentially Title 32 as well, allow the president to deploy the military to assist civilian authorities with law enforcement activities virtually whenever and wherever the president chooses. In some scenarios, a deployment of troops under these statutes might appear similar to a declaration of martial law. The federal government is bound at all times by the Constitution.
Even under martial law, the government cannot suspend or violate constitutional rights. Additionally, martial law declarations are subject to judicial review. For example, if the federal government places a state or territory under martial law, individuals detained by the military can ask a federal court to order their release by petitioning for the writ of habeas corpus.
Subsequently, if a court considers the petition, it can decide whether the declaration of martial law was constitutional in the first place. The Supreme Court has held that individual states have the power to declare martial law — and such a declaration is valid simply if it is authorized by the constitution or laws of the state. States have declared martial law far more frequently than the federal government.
However, even under martial law, state officials are bound both by the U. Constitution and by valid federal laws. Additionally, individuals can challenge a state declaration of martial law by seeking injunctive relief in federal court — and if they are detained, they can petition for the writ of habeas corpus.
Explore Our Work. What is martial law? Can the U. What has Congress said about martial law? Does the Constitution apply under martial law? Can states declare martial law? The law generally prevents the president from using the military as a domestic police force. Joseph Nunn. August 31, July 20, June 10, April 29, January 19,
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