Can Martial Law Happen Here?

Opinion|Can Martial Law Happen Here?

Well, that was dangerous — and absurd.

On Tuesday, the president of South Korea, Yoon Suk Yeol, suddenly declared martial law. He suspended political activity in one of the world’s most advanced and prosperous democracies and attempted to place the media under government control.

Seemingly confused and surprised troops struggled to contain a rebellious National Assembly, which voted immediately to end military rule, but not before a series of chaotic scenes that shocked the nation. The president backed down, mere hours after triggering a political crisis that threatened democratic rule.

As the drama played out in South Korea, my phone lit up with a question from friends and media colleagues — including from some of the most sober-minded people I know. Can this happen here? Can an American president — or any other American leader — create a similar political emergency?

The short answer is no. The longer answer is yes — if a president (or a governor) exploits ambiguities in American law.

Let’s deal with the short answer first. Unlike South Korea, the United States has no clear constitutional mechanism for a president to simply declare military rule. State governors do have the ability to declare martial law in the event of an emergency, but governors can’t abrogate the federal Constitution, and any declaration of state military control is subject to judicial review.

There have been a number of limited declarations of martial law in American history. Gen. Andrew Jackson declared martial law in New Orleans for three months during the War of 1812, and President Franklin D. Roosevelt declared martial law in Hawaii after the Japanese attack on Pearl Harbor, to give two examples.