In the early years of the Supreme Court, the American judiciary embraced the latter theory as it held in Luther v. 2 By the second theory, martial law can be validly and constitutionally established by supreme political authority in wartime. The first, which stems from the Petition of Right, 1628, provides that the common law knows no such thing as martial law 1 that is to say, martial law is not established by official authority of any sort, but arises from the nature of things, being the law of paramount necessity, leaving the civil courts to be the final judges of necessity. Two theories of martial law are reflected in decisions of the Supreme Court. United States Library of Congress, The Constitution of the United States of America: Analysis and Interpretation What Is Martial Law and Is It An Option in the U.S.? The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. What Are the President's Military Powers?Īrticle II, Section 2, Clause 1 of the United States Constitution states: This article examines the President's ability to declare martial law as part of the duties as Commander in Chief. Under the Constitution, both the President and Congress can declare martial law because both are in charge of the military. This includes using military courts for trials during wartime and the use of military forces within the United States.

Martial Law is when a city, state, or country is placed under the control of the military.

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