Your Money. Personal Finance. Your Practice. Popular Courses. What Is Martial Law? 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. Article Sources. Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts. We also reference original research from other reputable publishers where appropriate.
You can learn more about the standards we follow in producing accurate, unbiased content in our editorial policy. Compare Accounts. The offers that appear in this table are from partnerships from which Investopedia receives compensation. This compensation may impact how and where listings appear. BuzzFeed News reported Sunday that local lawmakers in the district had received a briefing from the district's attorney general's office in the days before the riots about the implications if Trump were to invoke the Insurrection Act and how it would affect the local police department.
Hoffmeister and Banks said, however, there was no need for Trump to invoke the Insurrection Act on Jan. Invoking the Act would have further allowed Trump to send active-duty military to the district when he already in effect had control over its National Guard and federal police. Additionally, nearby governors and the district's Mayor Muriel Bowser sought more National Guard support that was slowed by the federal government's response. Maryland Gov. Larry Hogan said Sunday his National Guard troops were ready to assist but he could not get approval to cross over into the district.
The Department of Defense's approval is required for another state's National Guard to be deployed in the district. The Washington Post reported that Virginia Gov. Ralph Northam was also prepared to send his state's National Guard.
Meanwhile, former Capitol Police Chief Steven Sund also said he requested that the National Guard be placed on standby in the days before the riot but that House and Senate security officials turned him down. Invocations of the Insurrection Act in the past have occurred when a governor allows for violence or infringement of rights to occur or can't control the situation, Hoffmeister said.
As Hoffmeister put it, usually someone was "just sitting back and watching," but on Jan. While the law is broad and gives the president discretion in its use, Banks said there are certain conditions that would need to be met before a state's National Guard or active duty military were deployed under the act.
And then there's Trump himself, who met with Flynn and other allies in the Oval Office this past Friday. The president reportedly expressed interest in Flynn's idea. Could this actually happen? Though it may simply be normalcy bias at work, I can't really imagine federal troops marching through U. Moreover, Trump's other advisers in the Friday meeting reportedly opposed the plan in forceful terms, and a statement from Army leadership the same day made clear the military would take no role "in determining the outcome of an American election.
That ought to be the end of a discussion that never should have begun. But this is Trump, a president who lackadaisically declared a national emergency so he could take money from Pentagon coffers to pursue a policy agenda Congress had specifically declined to fund. In that context, a lame-duck martial law attempt seems — well, not likely , but not entirely inconceivable. But still: What exactly would Generalissimo Trump do?
What possible legal authority could he claim? With less than a month left in office, does he even have time to try what Flynn recommends? I put these questions and more to Cato Institute legal scholar and Overlawyered founder Walter Olson in an email interview this week. There are really two topics at issue here, Olson told me: martial law and the Insurrection Act of Under martial law, he summarized, "civil liberties are suspended," so "military commanders can issue orders to civilians" as well as "arrest and mete out punishment based on tactical needs of war rather than the civilian law on the books.
Most instances on the list were limited to a single city or county and often concerned local labor disputes or rioting. That single occasion was President Abraham Lincoln's suspension of habeas corpus rights to suppress dissent during the Civil War.
The established principle of every free people is that the law shall alone govern, and to it the military must always yield. Live Now. Cato at Liberty. Blog Home RSS. Email Signup Sign up to have blog posts delivered straight to your inbox! Banking and Finance. Constitutional Law. Criminal Justice. Defense and Foreign Policy. Free Speech and Civil Liberties.
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