As protests continue to erupt across Los Angeles and other cities, the Trump administration has taken the extraordinary step of federalizing National Guard units and placing active-duty Marines on standby. Social media and cable news have been flooded with claims that the United States is now under “martial law.” But is that actually the case? The answer is more complicated — and more dangerous — than most people realize.
What Is Martial Law?
“Martial law” is one of the most extreme domestic powers any government can exercise. Under martial law, civilian authorities are suspended or replaced, and military commanders assume full control over law enforcement, courts, and sometimes even governance itself. Citizens may lose basic constitutional rights, including habeas corpus (the right to challenge unlawful detention), freedom of movement, free speech, and due process.
In U.S. history, true martial law has been declared extremely rarely:
- After the Pearl Harbor attack in Hawaii
- During portions of Reconstruction after the Civil War
- Isolated local instances during riots or insurrections.
What Has Trump Actually Done?
Right now, Trump has not formally declared martial law. Instead, he has:
- Federalized the National Guard under Title 10 of the U.S. Code.
This means National Guard troops who normally serve under their state governor are placed under federal command. Under Title 10, they operate as part of the federal military, but technically still serve under civilian authority. This allows the president to bypass state governors who may refuse to activate their Guard units. - Prepared active-duty Marines for possible deployment.
Active-duty military forces, such as the Marines, are generally barred from domestic law enforcement under the Posse Comitatus Act of 1878. However, there is one major exception: the Insurrection Act. - Considered invoking the Insurrection Act of 1807.
This federal law allows the president to deploy active-duty military on U.S. soil to enforce federal laws, suppress insurrections, or restore public order when local authorities cannot or will not maintain peace. It was used by Presidents Eisenhower and Kennedy during desegregation crises in the 1950s and 60s — but remains a rare and highly controversial power.
Q: "Could we really see active duty Marines on the streets of Los Angeles?"
— The Bulwark (@BulwarkOnline) June 8, 2025
Johnson: "I don't think that's heavy handed."
Q: "You don't think sending Marines into the streets of an American city is heavy handed?"
Johnson: "We have to be prepared to do what is necessary." pic.twitter.com/Fmn5wwM84e
