In the US or Iowa, What Does It Take For a Declaration of Marital Law?

According to the Associated Press, President Yoon Suk Yeol of South Korea recently declared martial law, claiming it was needed to deal with "anti-state" forces he accused of siding with North Korea. This move was alarming because it echoed South Korea's authoritarian past, with martial law last being used in 1979. The declaration included drastic measures, like ordering striking doctors back to work and suspending political gatherings. 

However, the opposition, which controls parliament, quickly voted to lift the martial law, calling it an attack on democracy. This moment highlighted the tension between Yoon’s conservative government and the more liberal opposition, which has been challenging his policies and investigations into his allies. 

The swift reversal of martial law shows South Korea’s strong democratic system, even in the face of such a drastic move by the president. It was a dramatic episode that reminded many of the country’s past struggles for democracy. 

Martial Law in the United States

What would need to happen for the United States to declare martial law?  Findlaw says that martial law happens when the military takes control from civilian authorities, usually in times of crisis, like a rebellion or a disaster. When martial law is declared, normal laws and civil rights can be suspended, and the military enforces its own rules instead, sometimes using military courts to handle legal cases.

Now, the U.S. Constitution doesn’t specifically say the president can declare martial law, and the Supreme Court hasn't directly addressed it. However, it’s generally believed that martial law comes from the government’s duty to keep order, especially in emergencies. While the president is in charge of the military, it's typically state governors who declare martial law at the state level.

There are laws that limit martial law, though. The Posse Comitatus Act (from 1878) stops the military from getting involved in regular law enforcement unless allowed, making sure there's a separation between military and civilian control. The Insurrection Act (from 1807) lets the president send troops to handle riots or rebellions, which is a key exception to the Posse Comitatus Act.

Even with martial law in place, the military can’t just ignore constitutional rights. While courts used to stay out of martial law decisions, today people can challenge it through the courts if they believe their rights are being violated.

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In a nutshell, martial law gives the military temporary power during serious situations, but it's tightly controlled by laws to protect citizens’ rights.

When Could Iowa Declare Martial Law?

In Iowa, martial law is used when civilian authority is no longer working, is completely missing, or is just ineffective. Essentially, it puts the military in charge, suspending all regular laws, civil authority, and the usual justice system.

Those who can declare martial law are the President or a State Governor by proclamation, but such a formal proclamation is not necessary.

You can read about Iowa's military code Chapter 29.  When martial law is declared, civil liberties—such as the right to free movement, free speech, or protection from unreasonable searches—can be suspended. The justice system that typically handles issues of criminal and civil law is replaced with a military justice system, such as a military tribunal.

There Was Martial Law in Iowa, but When?

There was a declaration of martial law in Iowa, says the New York Times, and you can see it right here from an article in 1933. So just a few years back, and then a couple more.