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The Governor of a state or the President of the US. The latter is debatable as the Constitution makes no provision for martial law, only the suspension of the Writ of Habeas Corpus. That right is seemingly left to Congress in Article 1 Section 9 of the Constitution regarding the legislature and the limits on Congress.

As for the governor of States being able to declare martial law, the right would be left to the individual state constitutions as all rights not prohibited to the States are allowed them per the Tenth Amendment.

Again, it must be emphasized that the issue is debatable.

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