Recently, South Korean President Yoon Suk Yeol took the sudden decision and declared martial law in the country. As soon as it was declared, this news caught the interest of people and brought much attention to the disputed topic of martial law in the United States of America. Also, the question of whether the country is heading towards martial law or not has sparked concern among the people. Though the concept of martial law is not properly defined in US law, but it can be imposed in the country. During times of war and natural calamities, martial law has been imposed in America. In light of this, let’s discuss in this article whether America is heading towards martial law right now or if is it just speculation.
How Martial Law Or Military Rule Actually Works In The United States Of America?
In the US Constitution or any law passed by Congress, the term martial law has not been clearly defined. But in layman’s language, martial law is a legal theory. It means when a country or a city is controlled by the military instead of by its civilian government. According to the Brennan Center for Justice, martial law describes a power that allows the army to push the civilian authorities and take control over the population of a particular area. When martial law is enforced, policy decisions are made by the military, and people accused of any crimes are brought before the army instead of courts.
In the history of the United States, martial law has been imposed 68 times by the federal and state governments. However, at the federal level, such a declaration has not been made since the 1940s. Yet, the concept of martial law has never been well understood by the Americans. Though the Supreme Court has shed light on the concept on several occasions, but the reasoning of the Court has always been vague.
William Banks, a Syracuse University College of Law Board of Advisors Distinguished Professor, has said that martial law is an alien concept in the United States. Instead of this concept, the President of the United States can also use the Insurrection Act. This act allows the President to let the military help in stopping the rebellions. However, the Insurrection Act is not similar to martial law. Under this Act, the military assists or helps law enforcement and police and does not replace them.
In America, When Has Martial Law Been Used At The State And Federal Level?
As mentioned above, the concept of martial law has been used in America during times of emergencies such as wars, natural disasters, and more. Majorly, the legal theory of martial law has been popular at the state level rather than at the federal level. Depending on the situation, the level of authority given to the military can vary. During the War of 1812, General Andrew Jackson imposed martial law in New Orleans when he arrived in the city in December 1814. Back at that time, Andrew Jackson was preparing for the British army invasion. Even though he won the Battle of New Orleans, he continued martial law for several months.
President Abraham Lincoln
President Abraham Lincoln also invoked martial law more than once during the Civil War including, in September 1863, he imposed martial law in Kentucky, Missouri, and Maryland. Then in July 1864, he declared martial law in Kentucky and suspended the writ of habeas corpus. James Peabody, the 13th and 15th governor of Colorado, enforced martial law between 1902 and 1904 in several counties, during the Colorado labor wars. Then, from December 1941 to October 1944, Hawaii was put under martial law, after the Japanese attack on Pearl Harbor. During this time, strict curfews were enforced, military tribunals came into force instead of courts, and normal people were restricted from capturing photographs of coastal areas.
Other than the above-mentioned times, martial law was imposed:-
- In Nauvoo, and Illinois during the Illinois Mormon War in 1843
- During the Utah War in 1857
- In Baltimore in 1861
- During the Great Chicago Fire of 1871
- In 1892 in Coeur d’Alene, Idaho
- In 1906 following the earthquake in San Francisco
- Colorado Coalfield War In 1914 and 1917
- From 1920 to 1921, martial law was declared during the events of the West Virginia Coal Wars
- Minneapolis, Minnesota in 1934
- San Francisco, California in 1934
- In 1954, Russell County, Alabama was placed under martial law
- In 1961, Governor Patterson of Alabama enforced martial law because of Freedom Riders
Why Was The Previous Insurrection Act Restored In 2008?
In September 2006, Congress passed a bill called the John Warner National Defense Authorization Act for Fiscal Year 2007 which was also signed by President George W. Bush. This gave the President more power to declare martial law, take command of National Guard Units of each state without state governors’ approval, and allocate funding for armed forces. In 2007, hearings were held about the changes to the Insurrection Act of 1807. Senators and lawmakers criticized the changes because they gave too much authority to the President and could also override the control of states. Later, due to this, Congress repealed the “Enforcement of the Laws to Restore Public Order” law in 2008 and restored the previous Insurrection Act.
Is America Heading Towards Martial Law?
On the basis of the above discussion, it can be said that the concept of martial law is alien to the United States of America. The Insurrection Act of 1807 gives limited power to the President to let the military assist in decision-making or suppressing rebellions. This is not similar to the martial law but is related to it. Though concerns of martial law have arisen in America because of the ongoing global tensions and natural calamities, but the enforcement of it is very unlikely.
