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This fact brief was originally published as an experiment to test the concepts behind fact briefs.

Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

FACT BRIEF

Has martial law been declared 64 times in US history?

Tuesday, December 22, 2020

By Lauralei Singsank

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YES

Martial law, an emergency status under which military authorities temporarily replace civilians, has been declared on at least 68 occasions in the U.S., according to the Brennan Center for Justice.

It has usually been imposed during periods of war, natural disaster or civil unrest. Andrew Jackson, then a general, used it first, during the War of 1812 in New Orleans. It was imposed in Hawaii, then a territory, during World War II. Its most recent use was in 1963, when Maryland's governor responded to race riots in the city of Cambridge.

The legal basis for martial law isn't well understood. The Constitution makes no mention of the power, Congress hasn't defined it and case law is sparse. Courts have not settled whether a president can make a declaration without congressional authorization.

This fact brief is responsive to conversations such as this one.

Sources

Brennan Center: Guide to US martial law declarations

Brennan Center: History and meaning of US martial law

Cornell: Legal Information Institute—Martial law

NCJRS: Martial law in times of civil disorder

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Gigafact

Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.

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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.