Answering Your Questions
Martial law in the US, Biden amending the constitution, 10 year terms for FBI directors, and more
Q: What's your take on martial law being declared in South Korea? Could anything like that happen here, especially when it comes to immigration?
The short answer is no. But the longer answer is yes.
It’s no, in that the United States has no legal mechanism by which a US President can declare nationwide martial law, which is what happened in South Korea. Martial law suspends civil law and replaces it with military rule. If you missed it, the President of South Korea, Yoon Suk Yeol, recently declared martial law, alleging that there were too many pro-North Korean actors in the South Korean government, and that the party that opposes him in parliament was conducting “anti-state” activities.
Martial law in South Korea lasted for six hours. Stunned and angry lawmakers unanimously voted to block the declaration of martial law, something that the president is legally obligated to abide by. President Yoon is now under investigation for alleged insurrection, and he is facing impeachment charges.
The framers of the US Constitution were wary of a legal system ruled by the military. Even the Declaration of Independence accuses King George of using the military inappropriately and subverting civil law. It’s why the US did not have a standing army for nearly 200 years, and why the cabinet posts that have overseen the military (like the Secretary of War or the Secretary of Defense) have been governed by civilians. It’s why there are very few legitimate circumstances under which martial law can be used in the United States. And it’s why martial law wasn’t officially recognized as an emergency power until the 20th century.
Andrew Jackson declared martial law on the city of New Orleans in the time surrounding the war of 1812 (before he was president, and was just General Jackson). He got in legal trouble for doing this, and was fined $1,000 for violating the Constitution.
But the answer is also yes. Throughout US history, martial law has been invoked a total of 68 times. And one of the biggest concerns about its use going forward is how little legal precedent there is surrounding it, how poorly defined it is legally, and how much martial law in the United States resembles an egg without a shell: exactly where are the edges?