# Martial law **URL:** \ **Category:** Factual Questions\ **Created:** [June 23, 2005, 6:32pm UTC](https://boards.straightdope.com/t/martial-law/309569 "2005-06-23T18:32:13Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![Mollie\_Magill](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mollie_magill/32/20882_2.png) [@Mollie\_Magill](https://boards.straightdope.com/u/Mollie_Magill)\ **Post date:** [June 23, 2005, 6:32pm UTC](https://boards.straightdope.com/t/martial-law/309569/1 "2005-06-23T18:32:13Z")
In the US, would it be possible for the President to declare Martial Law? In other words: If Something Bad [TM] were to happen, and the President were to declare a State of Martial Law. What would prevent him from seizing power from the Congress and the Courts? As near as I can tell, the Constitution expressly forbids any such action, but I could be wrong. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [June 23, 2005, 8:14pm UTC](https://boards.straightdope.com/t/martial-law/309569/2 "2005-06-23T20:14:42Z")
The Constitution doesn’t mention the words martial law, and it was generally assumed to be a power of the President in the early republic. Lincoln declared martial law during the Civil War. After the war, however, in Ex parte Milligan, 71 U.S. 2 (1866), the Supreme Court granted Milligan a writ of habeas corpus saying that: > [@](#): > > no usage of war could sanction a military trial there for any offence whatever of a citizen in civil life in nowise connected with the military service. In 1878, Congress passed the Posse Comitatus Act: > [@](#): > > From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section, and any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years, or by both such fine and imprisonment. No President since has declared martial law. If one tried to seize Congress and the Courts with the help of the military it would be a coup, not a legal act. That’s such a totally hypothetical situation that nothing meaningful could be said about it today. The Gun Owners of America, whoever they might be, have a problem with the government and dislike the idea of the feds using the military against civilians. They’ve put together a remarkably comprehensive and admittedly straightforward and even-handed discussion of all the instances of martial law and government use of soldiers against civilians [here](http://www.gunowners.org/fs9905.htm). It’s well worth reading.