After the Fall

You Think You Know Martial Law?

Introduction

Welcome to my “After the Fall” blog series!

The title, “After the Fall,” refers to the fall of our democratic form of government. We can haggle over when the Fall happened or when you think it will happen, but let’s not waste precious time. In my opinion, the Fall has already happened. It happened the minute Trump’s Department of Justice (DOJ) chose to blatantly ignore multiple court orders, including those from a federal judge, the 4^th Circuit Court of Appeals, and the US Supreme Court. This was, to me, the tipping point because this was the day the rule of law in the United States died. The only question everyone should now be asking is, “What are we going to do about it?”

We can see in the news the growing discontent spreading across the country. After ignoring what was happening for weeks, even the mainstream media is finally talking about the amazing crowds gathering in cities and small towns in all 50 states. As our economy further degrades due to Trump’s economic malpractice, as anger further erupts at Musk’s brutal destruction of one much-loved federal program after another, the unrest will continue to grow. Trump is publicly choosing to ignore the protests as fake news, but as the crowds grow and our voices get louder, it is only a matter of time before he reacts. If you thought Trump’s plan for “transforming the US economy and trade system” led to chaos and confusion, just wait till he finally decides to quell the uprising outside his door!

Folks, I am telling you, we need to be prepared for what is coming!

We have all seen the signs of Trump’s authoritarian desires. It’s obvious. He wants to be an autocrat. He wants unchecked power. While the courts (hopefully) continue to fight for their independence and authority, in reality, the only things standing between Trump and his dreams of becoming a dictator, are… you and me. If you look into it you will see that historically, this is the way these things roll. Rights are never freely given to the masses. The masses have to take their rights by force from the powers that be and yes, from “their cold dead hands,” when necessary.

I think that the biggest hammer Trump has in his toolbox to deal with massive protests around the country is martial law. What I want to do with this After the Fall blog is to provide guidance and support to those of you who will be taking to the streets. As some of you know, my health prevents me from marching and protesting on the street, or I surely would be joining you.

In Vietnam I stood up to my commanding officer and battalion commander when they wrongly accused a fellow soldier of a crime I know he did not commit. I was the one and only witness for the defense, and became a target for every officer in the battalion. My final days in Vietnam became a living hell that had nothing to do with the Viet Cong. In the end, that soldier went home a free man and eventually, years later, had a highway in California named after him for public service. I managed to escape back to the states with my stripes and an honorable discharge and a severe case of what the VA psychiatrist called, “moral PTSD”.  

So, I know first-hand the cost that can sometimes be exacted from doing the right thing. I get it. This isn’t my first rodeo. I’d be out there marching right now, If I was able. I’m not. What I want to do instead is provide those of you who are willing and able to get out and “take it to the man” with the information you need to prepare and defend yourself when the proverbial shit hits the fan! It’s coming folks.

In the posts that follow, I’ll be offering straight talk about what martial law is—and what it isn’t. I’ll explain how it has worked in the past, what it could look like if Trump invokes it, and how to prepare for its impact on your rights, your freedom of movement, and your safety. I’ll share tips on physical and digital security, navigating checkpoints and curfews, staying connected, avoiding unnecessary risks, and keeping your head clear when fear and chaos are being used as weapons. If you plan to resist, or support those who do, this series is for you. If you’re just trying to understand what the hell is happening—this is for you, too.

So let’s get to it.

Rather than begin by telling you what Martial Law is, I’m going to tell you what Martial Law isn’t, because I think it’ll be easier since we all have misconceptions about it.

What Martial Law Isn’t

First, let’s start with the fact that Martial law isn’t a law at all. Here’s a quick historical tidbit – in the 1500s Sir Thomas More in England coined the first use of the term. Later, in 1698, Sir Matthew Hale described martial law in England as, “no Law, but something indulged rather than allowed as a Law.”[i] Thus, it appears that from the very beginning martial law was misnamed. And in the present day you won’t find it listed in some tidy statute book with a nice numbered code and footnotes. Nope. It wasn’t passed by Congress or signed into law like a normal piece of legislation. It’s not something you can point to and say, “Ah, this is when it starts, and here are the rules.” Bummer.

Rather than representing a law of some kind, martial law is more representative of the absence of a law, the absence of which creates a type of vacuum. And we all know that nature abhors a vacuum, right? The martial law vacuum is no exception, because into that vacuum, someone—usually the executive branch, often the military—steps in to fill it and declares, “We’re in charge now!”

Make no mistake, martial law is not a magic phrase with strict legal guardrails.

It can look very different depending on who invokes it and why. It doesn’t come with a built-in expiration date. It doesn’t have a consistent playbook. And it sure as hell doesn’t come with an appeal process.

And here’s the real kicker: they don’t always call it “martial law.”

It might be framed as a “state of emergency,” or a “temporary suspension of civil liberties,” or “necessary security measures.” The words are different, but the effect is the same: your rights are put on hold, and the rules change—fast.

So if you’re picturing a formal announcement, tanks rolling in with a banner that says “Welcome to Martial Law,” think again. It can creep in. It can shift the ground under your feet before you realize what’s happened.

And once it starts, it’s hard to stop.

 What Martial Law Is

Well then, “If martial law isn’t a law, then what is it really?” Good question, I’m so glad you asked!

Martial law is more or less, a condition of sorts, call it a shift in the balance of power. And it usually begins not with a proverbial bang, but with an excuse… an excuse to suspend your rights, an excuse to override the constitution. The government might say, “We’re doing this for your safety,” but make no mistake about it, what they mean is, “Excuse us while we take your rights away!”

It’s a moment where normal constitutional protections are suspended, and civilian rule is replaced—temporarily or indefinitely—by military authority or executive power. It’s what happens when the government says, “We can’t afford the luxury of liberty right now.”

In practice, martial law can mean curfews, suspension of habeas corpus (your right to challenge being detained without charges in a court of law), roadblocks, warrantless searches, media censorship, and the use of military force to quell civilian unrest. It may involve the National Guard or active-duty military forces patrolling domestic streets. It can mean being detained without charges, facing a military tribunal instead of a civilian court, or losing access to legal counsel altogether.

And again, it rarely announces itself with clarity. One day you’re protesting in front of a courthouse. The next day, you’re told that gathering in public is illegal, your phone’s flagged for “extremist content,” and a group of MPs is manning the checkpoint outside your neighborhood.

It is government by force, not by law. And it’s not theoretical. It has happened before in the United States—in localized ways, in wartime, in moments of crisis. The difference now is scale.

If martial law is invoked nationally, especially under a leader bent on clinging to power, it won’t be about safety. It will be about control.

A Brief History of Martial Law in America

To understand how martial law could unfold today, it’s worth looking at a few moments when it has already happened in the United States:

• The Civil War (1861–1865): President Abraham Lincoln suspended habeas corpus and allowed military arrests without trial. This wasn’t always called martial law, but the result was similar: constitutional rights were set aside in the name of national survival.
• Hawaii, World War II (1941–1944): After the attack on Pearl Harbor, Hawaii was placed under full martial law. Civilian courts were closed. The military took over everything, including the press, police, and legal system. It stayed that way for nearly three years.
• Little Rock, Arkansas (1957): President Eisenhower sent federal troops to enforce school desegregation. While not technically martial law, it involved military power overriding local authority—something that looked and felt very similar.
• Battle of Blair Mountain (1921): In one of the largest labor uprisings in U.S. history, martial law was declared in parts of West Virginia to suppress striking coal miners. Here, it was used not to keep people safe—but to break a labor movement.
• Hurricane Katrina, New Orleans (2005): Though martial law wasn’t officially declared, the use of military-style tactics—curfews, checkpoints, weapons seizures—left many people believing it had been. It was a reminder that martial law can walk, talk, and act like martial law even if it doesn’t have the name tag.

Each of these cases shows how martial law can look different each time—and why understanding its real-world impact matters more than ever. Martial law is not just a legal oddity or an emergency tool, it’s a mechanism of authoritarian consolidation. Knowing what it is, what it looks like, and how it starts could be the difference between being caught off guard and being ready.

We have now taken the first step to understanding what we are facing. My next post will help you get ready for what is coming. Stay tuned!

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[i] Wikipedia.