Martial law usually refers to military authority replacing civilian government and exercising jurisdiction over civilians in a particular area, but the U.S. Constitution and valid federal and state law still apply. The Supreme Court has historically ruled that civilian courts should function when possible.
Habeas corpus—the legal protection against unlawful detention—has been suspended only rarely, and the Constitution permits suspension only in cases of rebellion or invasion when public safety may require it.
Organizations such as the Brennan Center track civil liberties issues and provide context about federal law, the Posse Comitatus Act and the limits of military authority. The government feels pressure to balance public safety with human rights, even during emergencies.
Gun owners, activists, and others should remain especially mindful of potential restrictions. Staying calm and informed reduces the chance of misunderstandings with armed forces or military commander directives.
Martial law is an extraordinary measure used to restore order during severe crises. For most people, the safest approach centers on preparation, low visibility, and cooperation with lawful authorities.
Focus on protecting family members, maintaining order at home, and monitoring reliable sources for updates.
We created this article in conjunction with AI technology, then made sure it was fact-checked and edited by a HowStuffWorks editor.