![]() ![]() ![]() Sawyer provides a framework for analyzing exercises of executive power - and would likely be used by a court to determine whether a president’s martial law declaration has exceeded executive authority.Īccording to Youngstown, when Congress has addressed an issue by passing a statute, the president cannot act against Congress’s will - as expressed in the statute - unless the Constitution gives the president “conclusive and preclusive” power over that issue. However, the Supreme Court’s 1952 ruling in Youngstown Sheet & Tube Company v. The Supreme Court has never clearly stated whether the federal government has the power to declare martial law, and if so, whether the president could unilaterally declare it or whether it would require congressional authorization. The law governing it is complicated and unsettled - and, as a result, the concept has never been well understood. ![]() But “martial law” has no established definition, because across history, different people have used the term to describe a wide variety of actions, practices, or roles for the military. In the United States, martial law usually refers to a power that, in an emergency, allows the military to take the place of the civilian government and exercise jurisdiction over civilians in a particular area. Congress and state legislatures must enact new laws that better define them. As a result, the exact scope and limits of martial law are dangerously unclear. No federal statute defines what the term actually means. The limited Supreme Court precedent on martial law is old, vague, and inconsistent. However, the concept has no established definition. history, mostly by state and local officials. Martial law has been declared more than 60 times in U.S. Attend the Brennan Legacy Awards Dinner.Advance Constitutional Change Show / hide.National Task Force on Democracy Reform & the Rule of Law.Government Targeting of Minority Communities Show / hide.Campaign Finance in the Courts Show / hide.Gerrymandering & Fair Representation Show / hide.Ensure Every American Can Vote Show / hide.These examples are programmatically compiled from various online sources to illustrate current usage of the word 'martial law.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Stephanie Yang, Los Angeles Times, 13 June 2023 See More Steven Erlanger, New York Times, 14 June 2023 The legacy of martial law, which was in place until 1987, and the desire for access to the mainland Chinese market have made political portrayals particularly sensitive. Mary Gallagher, Foreign Affairs, 20 June 2023 Other officials said that would raise questions about what would replace that process, including obtaining assurances that Ukraine, which has a history of corruption and is under wartime martial law, does not turn authoritarian. Simon Shuster, Time, 22 June 2023 It is now known that the most significant bloodletting happened not when students and workers were at each other’s throats but in later years, when the party declared martial law and instituted its own reign of terror. Matt Egan, CNN, 28 June 2023 The Yomiuri Shimbun/AP In February 2022, with the start of the full-scale Russian invasion, Zelensky imposed martial law nationwide, which gave the state a powerful weapon in the information war. 2023 Another worry, one that Croft said was voiced over the weekend by US officials, is that Putin would declare martial law. Elvia Limón, Los Angeles Times, 25 Apr. Katie Rogers, New York Times, The Chun Doo-hwan military junta, which would go on to rule South Korea as a dictatorship for the next eight years, had just seized power in a coup d’etat and declared martial law. Marcos’s father, who ruled the Philippines for 20 years and declared martial law before a revolt led to his ouster in 1986. Biden was among the lawmakers who criticized President Ronald Reagan’s deep support for Mr. Helen Shaw, The New Yorker, 21 July 2023 As a senator and a member of the Foreign Relations Committee, Mr. Recent Examples on the Web For decades, Imelda and her husband, the President and eventual dictator Ferdinand Marcos (Jose Llana), embezzled billions, a level of state theft that needed nine years of brutal martial law in order to operate at scale. ![]()
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