What to Do If Martial Law Is Declared: A Comprehensive Guide

Martial law is a term that evokes concern and uncertainty, often misunderstood despite its historical presence in the United States and globally. While the notion of federal or state military forces assisting during emergencies isn’t automatically martial law, understanding its true implications and how to respond is crucial for every citizen.

This guide delves into what martial law truly means, its historical context, and most importantly, what steps you can take to prepare and respond if such a drastic measure is declared.

Understanding Martial Law

Martial law, in its essence, is the imposition of military authority over civilian populations, particularly during emergencies when civilian governments are deemed unable to maintain order. Legal experts in the U.S. generally define it as the employment of military personnel to significantly aid or completely supplant the usual legal and law enforcement systems during times of crisis. The degree of military involvement determines whether a situation escalates to martial law.

Total martial law signifies a complete takeover, where the standard legal framework is superseded by military rule. Constitutional checks and balances are suspended, and fundamental rights can be curtailed. However, martial law can also be implemented in stages, short of a total military takeover. In the U.S., the president, Congress, or even a local military commander can declare varying degrees of martial law under specific legal conditions.

Alt Text: National Guard managing traffic, illustrating military support during emergencies, relevant to martial law discussions.

Historical Context of Martial Law in the U.S.

The history of martial law in the United States reveals a complex and often contentious relationship between military power and civil liberties. The first instance was declared by General Andrew Jackson in New Orleans during the War of 1812. This decision, though controversial, highlights the early use of military authority in times of perceived national threat.

Throughout U.S. history, martial law has been officially declared approximately 68 times. A significant portion of these deployments involved federal troops intervening in labor disputes (29 instances), demonstrating its use in quelling civil unrest. These declarations have frequently faced legal challenges, with about 33 cases questioning their legitimacy. The last official declaration of martial law in the U.S. was in 1963.

Nationally, martial law has been invoked by presidents during wartime. Abraham Lincoln declared it in border states during the Civil War, and military officials in Hawaii implemented it during World War II, later expanded by President Franklin Roosevelt to justify the internment of Japanese Americans. Notably, both wartime declarations faced legal challenges, with courts finding portions unconstitutional or excessively broad.

Almost every instance of deploying active-duty troops for domestic law enforcement has sparked national debate, reflecting the inherent tension between security and freedom. Cases like the detention of foreign nationals at Guantanamo Bay by President George W. Bush, and the control of D.C. National Guard troops by President Donald Trump during the January 6th Capitol riot, illustrate the ongoing scrutiny and swift reactions from Congress and the courts when military power encroaches on civilian domains.

Alt Text: Civil War era troops, depicting historical martial law implementation and military involvement in domestic affairs.

Legal Framework: Insurrection Act and Posse Comitatus Act

Two key legal acts govern the use of the military in domestic situations: the Insurrection Act and the Posse Comitatus Act.

The Insurrection Act of 1807 empowers the U.S. President to deploy both active duty and National Guard troops within the country under specific circumstances. These include:

• When a state legislature requests federal assistance to suppress an insurrection. If the legislature cannot be convened quickly, the governor can make the request.
• If a state is experiencing an insurrection and is unable or unwilling to protect its citizens’ rights.
• If an insurrection in one state hinders the enforcement of laws in another state, allowing affected states to request federal aid.
• To protect federally guaranteed rights if a state fails to do so.

Before invoking the Insurrection Act, the President must issue a proclamation ordering insurgents to disperse.

The Posse Comitatus Act, enacted in 1878, generally prohibits the use of federal military forces for domestic law enforcement. It was a reaction to the Civil War era use of military courts for civilians and aimed to protect newly freed slaves in the South. This act allows military personnel to assist civilian police but mainly in a support role, ensuring federal rights are upheld nationwide.

Federal troops have been used domestically numerous times under these acts, both before and after the 1990s, as documented by the Congressional Research Service. Examples range from President Hoover using troops against protesting veterans in 1932 to more recent deployments during civil unrest and natural disasters.

What to Expect If Martial Law Is Declared

If martial law is declared, daily life can change dramatically. Understanding potential impacts is vital for preparedness:

• Curfews: Expect strict curfews limiting movement during certain hours.
• Restrictions on Assembly: Public gatherings and protests will likely be prohibited.
• Control of Communication: The military might control media outlets, internet access, and even personal communications to manage information flow.
• Suspension of Civil Law: Civilian law enforcement and courts may be replaced or heavily influenced by military authority. This could mean military tribunals for certain offenses.
• Increased Military Presence: Expect a significant increase in military personnel in the streets, conducting patrols, and manning checkpoints.
• Searches and Seizures: Rights against unreasonable search and seizure may be curtailed, with military personnel potentially conducting searches with less stringent warrants than civilian law enforcement.
• Resource Control: The military could control essential resources like food, fuel, and medical supplies to maintain order and distribute aid.

It’s crucial to remember that the extent of these changes depends on the specific declaration and the level of emergency. Not all martial law situations will be total military takeovers.

Preparing for Potential Martial Law

While the declaration of martial law is rare, being prepared for civil emergencies is always wise. Here are proactive steps you can take:

1. Emergency Supplies:

   • Food and Water: Stockpile non-perishable food and water for at least two weeks, ideally longer. Include items requiring minimal cooking.
   • First-Aid Kit: Ensure a comprehensive first-aid kit with necessary medications and a manual.
   • Hygiene Items: Stockpile toiletries and sanitation supplies.
   • Tools and Equipment: Include a multi-tool, duct tape, rope, and basic tools.
   • Emergency Power: Consider a portable generator or solar chargers for electronic devices.
   • Fuel: If possible, safely store extra fuel for vehicles, if allowed and feasible.

2. Communication Plan:

   • Out-of-State Contact: Establish an out-of-state contact person for family members to check in with if local communication is disrupted.
   • Alternative Communication: Consider a battery-operated NOAA weather radio for emergency broadcasts and a basic, non-internet dependent communication device.
   • Meeting Points: Designate physical meeting points if family members are separated during an emergency.

3. Financial Preparedness:

   • Cash on Hand: Keep some cash at home, as electronic transactions may be disrupted.
   • Important Documents: Gather essential documents (identification, medical records, insurance policies) in a waterproof, portable container.

4. Home Security:

   • Reinforce Doors and Windows: Take steps to secure your home against potential unrest.
   • Security System: If possible, maintain a functional home security system.

5. Knowledge and Skills:

   • First Aid and CPR: Learn basic first aid and CPR.
   • Self-Defense: Consider basic self-defense training.
   • Local Laws: Be informed about local and state laws, especially those related to emergencies.

Alt Text: Family preparing emergency kit, representing household emergency preparedness and readiness actions for martial law situations.

Staying Safe During Martial Law

If martial law is declared, your immediate actions are crucial:

1. Stay Informed: Monitor official news sources (if available and trusted) for updates and instructions. Be wary of misinformation.
2. Stay Home: Unless absolutely necessary, remain indoors to avoid unnecessary risks and comply with curfews.
3. Comply with Military Orders: Cooperate with military personnel and follow their instructions to ensure your safety and avoid confrontation.
4. Conserve Resources: Ration food, water, and other supplies.
5. Limit Communication: Be mindful of communication restrictions and avoid spreading unverified information. Use communication cautiously and only when necessary.
6. Avoid Crowds and Protests: Stay away from public gatherings, which may be targets for military action.
7. Protect Yourself and Family: Prioritize your safety and the safety of your family. This might mean staying out of sight and avoiding any actions that could be misconstrued as threatening.
8. Document Everything: If possible and safe, document events and interactions, as this could be important later for legal or accountability purposes.

Limitations on Martial Law and Rights

Despite the broad powers martial law can grant, it’s not absolute in the U.S. legal framework. Constitutional rights are not entirely suspended, and historical and legal precedents show that:

• Judicial Review: Courts have historically reviewed and challenged martial law declarations, often limiting their scope and duration.
• Constitutional Limits: The Supreme Court has affirmed that “Our system of government is the antithesis of total military rule.” Complete military dominance is incompatible with American governance principles.
• Temporary Measure: Martial law is intended as a temporary response to extreme emergencies, not a permanent state of governance.
• International Law: International human rights laws also place constraints on the extent to which rights can be suspended, even during emergencies.

While martial law is a serious measure, understanding its limitations and preparing effectively can help you navigate such challenging times. Staying informed, being prepared, and knowing your rights are the best defenses in uncertain situations.

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