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In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.

On October 1, 2002 United States Northern Command was established to provide command and control of Department of Defense homeland defense efforts and to coordinate defense support of civil authorities.[11].

On June 15, 1995, Norman Olson, along with militia leaders from other states, testified before the United States Senate Subcommittee on Terrorism. Olson's opening statement included the following:

One other important point needs to be made. Since The Constitution is the limiting document upon the government, the government cannot become greater than the granting power. That is, the servant cannot become greater than its master. Therefore, should the chief executive or the other branch of government or all branches together act to suspend The Constitution under a rule of martial law, all power granted to government would be cancelled and differed back to the granting power. That is the people. And I'll conclude with this statement: Martial law shall NOT be possible in this country as long as the people recognize the bill of rights as inalienable.