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Fact check: When has martial law been declared in United States history?

Checked on June 10, 2025

1. Summary of the results

Martial law has been declared 68 times in United States history, as consistently reported across multiple sources [1] [2]. These declarations were made for various reasons, specifically:

  • War/invasion: 2 instances
  • Domestic war/insurrection: 7 instances
  • Riots/civil unrest: 11 instances
  • Labor disputes: 29 instances
  • Natural disasters: 4 instances
  • Other reasons: 15 instances [1]

Notable historical examples include:

  • The Battle of New Orleans in 1814 (first declaration)
  • Hawaii after Pearl Harbor (1941-1944)
  • Multiple declarations during the Civil War under President Lincoln
  • Various state-level declarations during labor strikes [2]

2. Missing context/alternative viewpoints

Several crucial contextual points need to be considered:

  • These declarations were typically limited to specific regions rather than nationwide implementations [3]
  • During martial law, constitutional rights are typically suspended, and military commanders can rule by decree [3]
  • The duration of martial law varied significantly, ranging from a few days to several years [2]
  • There are documented frameworks for potential martial law implementation, such as the Rex 84 contingency plan [4]

3. Potential misinformation/bias in the original statement

The original question might lead to misconceptions about martial law in the US:

  • It might suggest that martial law declarations were nationwide, when they were actually mostly local or regional [3]
  • It doesn't acknowledge that martial law primarily involved military or National Guard taking over law enforcement duties rather than complete military control [3]
  • The question might overlook the fact that many declarations were related to labor disputes (29 instances), which was actually the most common reason [1]
  • There are conspiracy theories surrounding martial law, particularly related to FEMA, which could color people's understanding of historical implementations [4]
Want to dive deeper?
What constitutional powers allow the President to declare martial law in the United States?
How did martial law during the Civil War affect civilian rights and freedoms?
What was the extent of martial law declared in Hawaii after Pearl Harbor?
Have any US states declared martial law during natural disasters or civil unrest?
What are the legal limitations and oversight mechanisms for martial law in America?