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Can Martial Law happen in the US?

The sudden decision by South Korean President Yoon Suk Yeol to declare martial law on Tuesday made international news, bringing new attention to a controversial legal topic with a long history in the United States.

Though it's not well defined in U.S. law, martial law could be declared in the U.S., and has been imposed relatively rarely in the country's history during times of war, unrest and natural disaster.

While the specifics vary in different countries and localities, martial law generally allows for the military to control civilians temporarily during times of emergency. During these times, people's ordinary rights may be restricted.

Here's what to know about martial law in the U.S.:

Martial law is not defined in the Constitution or in any law passed by Congress, according to the Brennan Center for Justice. Rather, it is a legal theory that usually refers to when "the military has taken the place of the civilian government," the Brennan Center said, not just times when military is deployed to assist civilian authorities, such as during response to a natural disaster.

States and the federal government have imposed martial law 68 times in the nation's history, according to the Brennan Center. But such a declaration at the federal level hasn't been made since the 1940s.

"It's really an alien concept" in the U.S., William Banks, a Syracuse University College of Law Board of Advisors Distinguished Professor, previously told USA TODAY.

The president can also invoke the Insurrection Act, a law that allows the president to deploy the military specifically to curb rebellion. The Insurrection Act is not the same thing as martial law, because it typically involves military assisting law enforcement, not replacing them.

Martial law has been imposed in the U.S. during times of war, natural disaster and unrest. It has been more common at the state level than the federal level, and has included varying levels of military authority, according to the Brennan Center.

In 1814, then Gen. Andrew Jackson declared martial law in New Orleans, the first such declaration in U.S. history. At the time, Jackson was preparing for an invasion of the British army, but continued martial law for months even after winning the Battle of New Orleans. During that time, a senator was arrested after penning an opinion opposing the ongoing martial law in a newspaper. When a judge demanded the senator be either formally charged with a crime or released, Jackson ordered the judge also jailed and later banished him from the city.

During the Civil War, President Abraham Lincoln invoked martial law more than once, including in Kentucky in 1864, which lasted over a year.

One Colorado governor, James Peabody, declared martial law in several counties during the so-called Colorado labor wars between 1902 and 1904.

Hawaii was under martial law for three years after the attack on Pearl Harbor. Beginning in 1941 in the then-territory, courts were replaced by military tribunals, strict curfews were enforced and people were even banned from photographing coastal areas. It was the last time martial law was declared at the federal level.

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by Anonymousreply 84December 8, 2024 2:17 AM

I'm expecting it. I imagined that MAGA funders wanting Vance to become president would have Trump assassinated and put the blame on Democrats. Vance would use that to declare martial law to restore order.

by Anonymousreply 1December 4, 2024 4:16 PM

Martial Law involves the suspension of democratic processes, so a MAGA wet dream with no more pesky elections to disrupt their plans.

by Anonymousreply 2December 4, 2024 4:38 PM

Martial law displaces Congress and the Judicial system. So you think all those rabid, power-mad MAGAts in Congress would be content to sit on the sidelines?

by Anonymousreply 3December 4, 2024 4:44 PM

If they want to keep breathing, R3.

And since 1/6/21, we've seen Republicans/MAGAts sitting in Congress aren't exactly profiles in courage anyway, so them suddenly becoming rebels against their masters really strains credibility.

by Anonymousreply 4December 4, 2024 5:57 PM

The thought of Marjorie Taylor Green running the streets with her AR-15 screaming and blowing everyone away is pretty damn scary.

by Anonymousreply 5December 4, 2024 6:06 PM

Here's the scenario I can see happening: There will be some huge demonstration. Maybe in multiple cities. And the Proud Boys, or the Oathkeepers or whoever, will instigate violence. They will even commit acts of violence. There will be a brawl, then shots fired. Tear gas, etc. And Trump will declare Martial Law. He can claim it's Venezuelan gangs or Blacks or WTFever. Gives him an excuse to round up some enemies, and that's it. Done. Bye, 'Murica!

by Anonymousreply 6December 4, 2024 6:08 PM

Lived thru two of these in different countries. One under a dem potus. Lots of shooting lots of troops in the streets in time order restored.

A number of dead people as well.

by Anonymousreply 7December 4, 2024 6:12 PM

R6 The scary thing is it will give these incel gun nuts an excuse to use their stockpile of weapons. It will be like The Purge.

by Anonymousreply 8December 4, 2024 6:15 PM

R6, pretty much

by Anonymousreply 9December 4, 2024 6:56 PM

Trump will do something provocative. Maybe it will be the round up of immigrants to deport. It could be anything. And it will probably also involve deliberately set fires to give atmosphere and incite panic as justification.

by Anonymousreply 10December 4, 2024 7:09 PM

Anything goes now.

by Anonymousreply 11December 4, 2024 8:00 PM

Our FUCKING scotus pronounced it legal for a Prez to assassinate a political rival as long as it's an 'official action' , so yeah, martial (or, as trump refers to it 'marshal) law can be invoked. Buckle up, guys. you have a big bulls eye on your forehead.

by Anonymousreply 12December 4, 2024 8:11 PM

[quote] The scary thing is it will give these incel gun nuts an excuse to use their stockpile of weapons. It will be like The Purge.

Exactly.

These cunts have been itching to pull the trigger.

Now that Trump and the dark side have won, we're going to see the full force of what the NRA has really wrought on this country.

by Anonymousreply 13December 4, 2024 8:12 PM

R5 MTG will go full neathertal.

by Anonymousreply 14December 4, 2024 8:16 PM

*neanderthal

by Anonymousreply 15December 4, 2024 8:17 PM

Kash Patel is already suing Olivia Troye for saying he isn't fit to head the FBI. So whether there is martial law or not, the First Amendment is dead. But I have no doubt there will be martial law.

by Anonymousreply 16December 4, 2024 8:33 PM

Yep and it will be a bloodbath. I think Trump was testing the media and public's appetite for violent oppression when he sent anonymous federal goons to Portland to beat up protestors.

by Anonymousreply 17December 4, 2024 9:11 PM

Ghetto people will think it means they can loot at Marshall’s.

by Anonymousreply 18December 4, 2024 9:14 PM

Oh Christ. There should be a Paranoiacs Anonymous subgroup here on the DL so you can spare the rest of us your nightmare scenarios.

Like Seneca said, we suffer more in our imagination than in reality.

by Anonymousreply 19December 4, 2024 9:15 PM

What's ironic is that the same Media who enabled him, who made him, who refused to report the news fairly and inflated his importance, legitimized, normalized, etc.etc.etc. Once Trump consolidates power and imposes martial law, the media will be among the first casualties. You cannot have a free press in an authoritarian society.

by Anonymousreply 20December 4, 2024 9:44 PM

I know I'll be laughing my ass off when they ship R19's fat ass off to a "reeducation center" or put in "protective custody."

by Anonymousreply 21December 4, 2024 9:45 PM

The USA is now a shit hole & a banana republic, expect the worst.

by Anonymousreply 22December 4, 2024 9:48 PM

You're so right, R21. The Gulag is coming! Run! Run!

by Anonymousreply 23December 4, 2024 9:51 PM

It's much more common for Governors to declare martial law. So Newsom could declare it if riots break out because of deportation. I wonder if the National Guard would then fight ICE agents. Anything is possible.

by Anonymousreply 24December 4, 2024 9:52 PM

R20, that is the name of the game. Play stupid games, win stupid prizes

by Anonymousreply 25December 4, 2024 9:54 PM

R24, when has a governor declared martial law ?

by Anonymousreply 26December 4, 2024 9:55 PM

Governors have declared it lots of times usually after natural disaster or riots. Governor of Alabama did it in 1961 because of civil rights protests.

by Anonymousreply 27December 4, 2024 9:59 PM

The "free press" is now complicit with Trump. The Washington Post, NY Times, LA Times, etc., will be more than happy to publish anything Trump wants them to. Saves them a shit ton of money too. They will fire any reporter whose reporting makes Trump look bad. Just watch.

by Anonymousreply 28December 4, 2024 10:00 PM

I don't think they declare it in the whole state but pick out a country or area where things are out of control. The craziest example dealt with with Joseph Smith and the Mormons.

by Anonymousreply 29December 4, 2024 10:01 PM

Americans have no experience with this, because it hasn't happened in over 80 years.

They'll soon find out, though.

And they will regret voting for Trump.

by Anonymousreply 30December 5, 2024 12:33 AM

Marcia Law? -sure Jan

by Anonymousreply 31December 5, 2024 12:42 AM

To impose martial law, the military leadership would need to go along with it. The military might indeed intervene if Trump tries it, but not the way he intends.

by Anonymousreply 32December 5, 2024 12:44 AM

[quote]The thought of Marjorie Taylor Green running the streets with her AR-15 screaming and blowing everyone away is pretty damn scary.

Tbh the chances of her blowing her own head off in the fracas are pretty good (running at top speed, safety off, pointing the muzzle all over), so I'm gonna say scary veering towards HILARIOUS.

by Anonymousreply 33December 5, 2024 12:45 AM

Felonious Fatty has already said he “will be a dictator on day one,” and will invoke the Insurrection Act.

by Anonymousreply 34December 5, 2024 12:46 AM

LCR alert @ R19!

by Anonymousreply 35December 5, 2024 12:48 AM

Trump would need the complete cooperation of the military to enforce martial law. I think he would not get it. I think the military would be divided and we'd devolve into a bona fide civil war. Now that is a scary thought because the MAGAts have stockpiles of weapons and a sympathetic government. Trump may think he can supplant the military if they resist his attempts, but he'd be wrong.

by Anonymousreply 36December 5, 2024 3:37 AM

Agreed, R36. How the military would split on declaration of martial law is a fine question.

The US military is grounded on three solid principles: defense of the US constitution; US military never operate on US soil; and that the military is by design apolitical.

by Anonymousreply 37December 5, 2024 4:08 AM

Donald Trump will be the Commander-in-Chief of the U.S. Military.

They will have to do what he says, or face court-martial and insubordination penalties.

He can literally "lock them up."

by Anonymousreply 38December 5, 2024 4:14 AM

On the other hand, R38, there are exceptions where soldiers can refuse to commit clearly illegal acts.

And if you have a certain number of armed military who decide to ignore orders, things could get interesting.

by Anonymousreply 39December 5, 2024 4:17 AM

[quote] there are exceptions where soldiers can refuse to commit clearly illegal acts

All Trump has to do is declare something as legal, and it will be.

Then the military members will have to do it.

That's the power of the Presidency that is ripe for abuse.

by Anonymousreply 40December 5, 2024 8:58 AM

None of you are factoring in the international response to these scenarios. Not just big nations like UK, France and Germany but the coalitions such as NATO and the United Nations. Is the rest of the world expected to mind their own business with what looks likes a civil war?

by Anonymousreply 41December 5, 2024 9:36 AM

R32 you declare martial law when events on the ground dictate. Such as Detroit 1967 when 5000 elite US combat troops (82nd and 101st ) invaded just south of 8 mile and started restoring order ie shooting US civilians—-no tanks from what I saw)

by Anonymousreply 42December 5, 2024 11:31 AM

And anyone saying US troops can’t operate on US soil may think that Detroit and Newark were one offs that don’t count then those people do not know US history.

There is nothing that prohibits US troops from being deployed in the U.S.

Ask the WW1 Army bonus marchers some of whom were killed by US troops.

by Anonymousreply 43December 5, 2024 11:47 AM

Martial, law was never declared in Detroit in 1967.

by Anonymousreply 44December 5, 2024 11:50 AM

R44 what then did they call having a city wide uprising, the state and the US govt deploying armed troops and those armed troops are shooting people who did not obey the govts order to stay in doors.

Exactly what do you call that and how is that any different from a different fictional martial law you think exists.

Inc state or Michigan troops plus US Army troops over 11, 000 deployed. Lots of civilians killed.

by Anonymousreply 45December 5, 2024 11:58 AM

LBJ sent in troops under the Insurrection Act. But martial law involves suspending civil liberties and the use of military courts.

by Anonymousreply 46December 5, 2024 12:17 PM

R46 points to you.

So the answer to the thread is martial law unlikely troops dispatched under the Insurrection act more likely.

Will the difference in definitions make any difference to people on the ground—-nope.

by Anonymousreply 47December 5, 2024 12:29 PM

[quote]Is the rest of the world expected to mind their own business with what looks likes a civil war?

likely, the rest of the world either openly despises the US or is weak and ineffectual

by Anonymousreply 48December 5, 2024 12:30 PM

R48 thinks like Trump. Fuck them all let’s charge them a shitload of money if they want our help. Fuck them if not.

America First

by Anonymousreply 49December 5, 2024 12:39 PM

Can the insurrection act be used to gather up illegals or impose the fed govts will on states that refuse to gather up illegals——of course.

It’s the insurrection act that will be used in times of national emergencies not martial law

Thanks to R46 for knowing the legal difference.

by Anonymousreply 50December 5, 2024 12:47 PM

And what issue can US troops be used on in terms of operating on US soil to control US citizens besides an insurrection——epidemics.

Epidemic language was specifically added

by Anonymousreply 51December 5, 2024 12:56 PM

Martial Law has been declared at least 68 times in the US.

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by Anonymousreply 52December 5, 2024 12:59 PM

So much for the US troops operating in the US against US citizens is illegal misinformation.

by Anonymousreply 53December 5, 2024 1:03 PM

yet another reason to hate GWBush

by Anonymousreply 54December 5, 2024 1:12 PM

Having lived in the DC area after 9/11 and during the sniper attacks, I’ve seen how much effort it takes to establish the illusion of control. Yes, Trump might try something - but this is a vast country with many cities and towns of all sizes. And a military that is not meeting its recruiting goals.

The more pertinent, but less emotionally charged question is what he will try that doesn’t involve military force,

by Anonymousreply 55December 5, 2024 1:39 PM

‘’Be There-Will Be Wild’’ Like other DLer’s have posted I’m glad I’m old I don’t care what happens I really enjoyed democracy. Was fun watching Nixon resign-he would never do that in these years.

by Anonymousreply 56December 5, 2024 4:19 PM

Chicago would welcome martial law.

by Anonymousreply 57December 5, 2024 4:26 PM

Marshall Law is a perfect pron name.

by Anonymousreply 58December 5, 2024 5:50 PM

I can definitely see armed gangs going around to brown peoples houses and demanding papers, declared martial law or not. yesterday I heard an air raid siren going off i guess it was a test but it installed an Orwellian scene in my head. It's going to be an ugly four years. Brace yourselves and try not to get too caught up in despair. Survival will be demanding we keep our mental health intact.

by Anonymousreply 59December 5, 2024 5:56 PM

R59 you conjure up out of thin air and your immigration a picture of armed gangs going house to house searching for brown people , while an air raid siren goes off in the distance and that panicked you but you end up with

“try not to get too caught up in despair “ and something about good mental health.

by Anonymousreply 60December 5, 2024 6:30 PM

[quote] I can definitely see armed gangs going around to brown peoples houses and demanding papers, declared martial law or not.

Watch the movie "American Insurrection."

It's about our future.

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by Anonymousreply 61December 5, 2024 6:34 PM

The military takes their oath to The Constitution not to a PResident.

by Anonymousreply 62December 6, 2024 2:23 AM

The military takes their oath to The Constitution not to a PResident.

They take an oath to the Constitution, but they take their ORDERS from the President, who is the Commander-in-Chief.

by Anonymousreply 63December 6, 2024 2:26 AM

ICE can’t enter your home without a warrant issued by a judge. They can only pick you up on the street or at work. No one is going to go house to house rounding up people. The military will not be involved,

by Anonymousreply 64December 6, 2024 2:53 AM

[bold]Early 2026. That's when Trump will declare Martial Law. [/bold] Well before the Mid-Terms. He will have installed military leaders who will follow his orders, and ousted those who won't. He will then crack down on protests around the country using tanks when necessary. His FBI will "discover a plot" by Democrats to overthrow the government and their arrests will be imminent.....[bold] The MAGA aren't leaving the White House. Ever. [/bold]

by Anonymousreply 65December 6, 2024 2:58 AM

This thread is Qanon adjacent

by Anonymousreply 66December 6, 2024 3:08 AM

Datalounge is Qanon adjacent

by Anonymousreply 67December 6, 2024 3:23 AM

The very idea of draconian marital law terrifies me

by Anonymousreply 68December 6, 2024 3:37 AM

You all is nutz! SMH.

by Anonymousreply 69December 6, 2024 3:42 AM

[quote]Datalounge is Qanon adjacent

Come on. No one on here is that fucked up!

Crazy? At times. Dramatic? Yep. Deep state/Pizzagate Believers? Hell no! Donald Trump Cultists? GTFOH!

by Anonymousreply 70December 6, 2024 4:02 AM

Sure!

by Anonymousreply 71December 6, 2024 4:10 AM

It's been 20 years since the GOP had the House, Senate, and White House. They aren't waiting another 20 years to roll around. They will never relinquish power. [bold] Read this article.. [/bold]

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by Anonymousreply 72December 6, 2024 4:20 AM

Can't see it happening in a small town where guns abound.

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by Anonymousreply 73December 6, 2024 4:26 AM

I thought martial law was when Muslims take over. But then I remembered that's sharia law.

by Anonymousreply 74December 6, 2024 6:33 AM

The irony is that if Trump declared martial law, the God and Guns crowd, the militias and Oath Keepers and Proud Boys who help him engineer it, would eventually become its casualties. And all those stockpiles of weapons? Confiscated. In an authoritarian state you do not allow guns in the hands of private citizens. Ask Putin how many of his people, average citizens have stockpiles of AR 15s.

by Anonymousreply 75December 6, 2024 2:50 PM

Then maybe we DO need Martial Law, to get rid of the millions of fucking guns, rifles, and automatic weapons in this country.

by Anonymousreply 76December 6, 2024 4:49 PM

[quote] The very idea of draconian marital law terrifies me

That’s what there would have been under Queen Daenerys.

by Anonymousreply 77December 6, 2024 5:18 PM

Funny you should mention confiscating weapons, which is what future Attorney-Bimbo-in General Pam Bondi has proposed.

by Anonymousreply 78December 6, 2024 7:28 PM

Probably not legally.

The law won’t matter if he has the guns.

I don’t think he will have the guns.

by Anonymousreply 79December 6, 2024 7:30 PM

Just realized Kamala Harris got 48.4 % of the vote and Donald got 49.9%. it was a bit more than 2 million votes margin. She got 226 Electoral votes. So all I can say is Damn all the fuckers who didn't show up. Damn you!

by Anonymousreply 80December 7, 2024 3:38 AM

The media, after normalizing Trump's ignorance and boorish behavior, has gone on to portray Trump's victory as some epic blowout when it was among one of the closest ever results in American history. I hope the short-term increase in views and attention was worth it, because the tables are about to turn on journalists/media outlets and not for the better.

by Anonymousreply 81December 7, 2024 3:55 AM

We are also within one or two seats of taking back the House. And there are at least two special House elections that need to happen. Also have to replace Rubio in Florida.

by Anonymousreply 82December 8, 2024 1:30 AM

DeSantis is the one who's replacing Rubio. Governors appoint Senators.

by Anonymousreply 83December 8, 2024 2:11 AM

[quote]DeSantis is the one who's replacing Rubio. Governors appoint Senators.

Byron Donalds could be the first black senator for Florida.

by Anonymousreply 84December 8, 2024 2:17 AM
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