Amidst the Coronavirus outbreak, most people’s main concerns remain stockpiling adequate resources, practicing social distancing, and staying within the safety of their homes. Very few citizens, however, consider that the consequences of coronavirus can extend past the idea of personal safety from disease. With President Trump’s declaration of a state of emergency in the United States, this could result in many changes in the government’s authority over citizens, including the possibility of putting America under Martial Law.
In America, a state of emergency is declared when the government believes that more drastic intervention needs to be taken during a certain crisis in order to protect the masses. While this may sound beneficial to the average citizen, many people see only the surface concept of a state of emergency, when in reality this declaration can restrict the rights of everyone living in the United States and increase the government’s power. Some examples of this include the waiving of confidentiality in relation to public health services, authorizing the use of an unapproved drug, alerting citizens to alter their usual behavior, or even limiting or suspending civil liberties and human rights. However, further steps can be taken by the government to gain power during emergencies, one of which is putting the United States under Martial Law.
Martial Law has been used moderately throughout American history to control the population during specific times of crises. The best seen example is during the Civil War, the only time Martial Law was declared on a national level. After President Lincoln’s declaration to impose Martial Law, and its ratification by congress, the Union’s military was able to detain people and conduct trials. Although Lincoln’s actions stirred much controversy, Martial Law was still established and very few limits were initially proposed by congress on presidential powers.
In addition to the measures taken by President Lincoln, there are far more actions the government could take which would be considered acceptable under Martial Law. First, civil authority in the United States is suspended, and the military become the holders of power. Because Martial Law is designed to give the military more power over civilians to control society during emergencies, military commanders’ authority during this state is almost absolute, with very few exceptions. Generally though, the largest impediment associated with Martial Law is the suspension of the writ of Habeas Corpus. Habeas Corpus is what gives Americans the right to due process; essentially, it is the right to a fair trial if charged with a criminal offense. Thus, if someone is detained while the country is under Martial Law, they are denied the right to a trial and simply imprisoned, whether innocent or guilty. In order for Habeas Corpus to be suspended, however, civil courts must be completely out of operation, happening only in severe cases of unrest. This was decided based upon the court case Ex parte Milligan where Lambdin Milligan was sentenced to death by military commission, while civil courts were still operating, and he argued that his punishment was unconstitutional because he was denied the right to due process. The Supreme Court decided that denying Milligan the right to a trial was unconstitutional, thus putting a limit on the possible suspension of Habeas Corpus.
While Martial Law is definitely an intimidating topic to any average civilian, the probability of the Coronavirus outbreak causing a declaration of Martial Law needs to be addressed. Throughout American history, Martial Law has been imposed under situations of emergency concerning war and civil unrest. While the world may be at a metaphorical war with COVID-19, there are currently few military threats to American soil, and the only unrest faced is verbal advocacy for stronger governmental action to protect citizens. Thus, it seems unlikely that Martial Law could be imposed under current circumstances without a call of unconstitutionality. For now, Americans can focus on staying inside to prevent the spread of the virus without having to worry about Martial Law.