The martial law concept in the United States is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law.
Article 1, Section 9 of the US Constitution states, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
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.
Authoritarianism is characterized by highly concentrated and centralized power maintained by political repression and the exclusion of potential challengers. It uses political parties and mass organizations to mobilize people around the goals of the regime. Adam Przeworski has theorized that “authoritarian equilibrium rests mainly on lies, fear and economic prosperity”.
Authoritarianism also tends to embrace the informal and unregulated exercise of political power, a leadership that is “self-appointed and even if elected cannot be displaced by citizens’ free choice among competitors,” the arbitrary deprivation of civil liberties, and little tolerance for meaningful opposition.
A range of social controls also attempt to stifle civil society, while political stability is maintained by control over and support of the armed forces, a bureaucracy staffed by the regime, and creation of allegiance through various means of socialization and indoctrination.
Authoritarian political systems may be weakened through “inadequate performance to demands of the people.” Because the legitimacy of the state is dependent on performance, authoritarian states that fail to adapt may collapse.