What is Martial Law?
You’ve inevitably seen mention of martial law in recent days due to Trump’s decision to send the National Guard (and now Marines) to Los Angeles in response to the Anti-ICE Protests.
But what actually is martial law? If we haven’t crossed the threshold already, how close are we?
Martial Law gives the military supreme authority over all civilians. This means ordinary courts are replaced by military tribunals, Constitutional rights can be suspended, curfews can be set, and restrictions on movement can be enforced.
No jury, no unanimous verdict required for conviction, no mistrial if the process is deemed unfair.
No free speech, no free press, no freedom to protest. No protection from unlawful searches and seizures — “of persons or things.” The Federal government can even break down your front door and let their soldiers sleep in your house without your consent.
Essentially, no freedom by any definition.
Martial Law gives the military Commander-in-Chief “unlimited authority to make and enforce laws.”
Martial Law is usually confined to a specific area — like cities or states. However, “no federal statute defines what the term actually means. As a result, the exact scope and limits of martial law are dangerously unclear.”
These are uncharted waters.
A formal declaration of Martial Law is required for these changes to officially take effect. No formal declaration has been made, so L.A. and California are technically not operating under Martial Law as of this writing.
So how was the government allowed to send federal troops at all?
The Posse Comitatus Act (PCA) was implemented to prevent federal troops from participating in civilian law enforcement. So how did we get here?
This administration is leveraging Title 10 of the U.S. Code to bypass the PCA (and Governor Gavin Newsom) to send military forces into L.A.
It is extremely uncommon for the Federal government to bypass State governors in sending the National Guard. It’s even more uncommon to activate Marines on domestic soil.
The tone and language used by Trump and Hegseth suggest the administration is laying the groundwork for a declaration in the future. Charged language like “riots”, “violent mobs”, “rebellion”, and “invasion” are strategically peppered into official communications (which are unfortunately issued through Twitter and Truth Social these days). White House Deputy Chief of Staff, Stephen Miller, called the protests an “insurrection”.
This is the exact terminology required to invoke the Insurrection Act or declare Martial Law. The Insurrection Act would not suspend Constitutional rights, but would allow the President to deploy the military on domestic soil. Martial Law would allow domestic use of the military, and full suspension of Constitutional rights.
Bypassing the PCA with Title 10 is a temporary workaround, and Gavin Newsom is already suing Trump for violating California’s sovereignty. If the administration wishes to continue their show of military force, they will have to eventually trigger the Insurrection Act or Martial Law (or both).
For the government to authorize such extreme measures, there must be extraordinary emergency circumstances. A rebellion, invasion, or insurrection all qualify as emergency circumstances.
Whether people believe this to be an insurrection matters more than whether or not it actually is.
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