General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWill Trump use the virus scare as an excuse to declare Martial law? Just a horrifying
thought.
I'm not sure what all happens under Martial law, but I know with Trump is will be extra bad.
Coventina
(27,116 posts)I don't think (I hope) he could get away with that.
rzemanfl
(29,557 posts)patricia92243
(12,595 posts)patricia92243
(12,595 posts)atreides1
(16,079 posts)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.
Cosmocat
(14,564 posts)and he knows it.
VMA131Marine
(4,139 posts)... and is being recognized more and more, I notice.
HarlanPepper
(2,042 posts)Sanity Claws
(21,847 posts)I think he would instead keep blaming the media for covering the problem.
SWBTATTReg
(22,117 posts)too early to even begin to speculate this.
empedocles
(15,751 posts)SWBTATTReg
(22,117 posts)and thus, will ignore some of the obvious things to do in stifling spread of disease. They are doom and gloom naysayers everywhere that at the slightest hint of anything bad happening, ohhhh, martial law is here, etc.
Ridiculous. Even at the height of the civil war, we've never done this.
brush
(53,776 posts)mitch96
(13,902 posts)Aristus
(66,337 posts)in the courts. That's it.
Soldiers marching in the streets, tear gas cannisters everywhere, the midnight knock on the door, that's not martial law; that's Hollywood.
onenote
(42,700 posts)The Supreme Court long ago explained what martial law is and the limits of its implementation under the Constitution:
Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866)
"If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for, if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war."
atreides1
(16,079 posts)Who will enforce this...Barr, Roberts, who? We already know that Trump doesn't believe in the limits of his office as defined by the Constitution...he believes that article 2 gives him all the power he needs!
Trump is above the law and Barr is an advocate for that standard...Roberts will pull up his robes, raise his gavel and open the first session of the Volks Court!
If Trump were to order Esper to deploy troops, do you really believe that Esper wouldn't follow that order?
All the legal precedences don't count for squat, when someone wants to be the King of America...
Turbineguy
(37,324 posts)Pence fucks it up
Pence resigns
Trump appoints Ivanka to VP
Trump loses election
Trump resigns
Ivanka becomes Prez
Ivanka Pardons trump
Trump keeps his loot and sees no jail.
Hoyt
(54,770 posts)Newest Reality
(12,712 posts)Who here is not rightfully concerned about any crises that we know will allow a President to evoke and utilize more powers. That would certainly speed up the slow-motion coup we are experiencing. If anyone thinks he is not waiting for that and would not exploit it with gusto and malevolently, then you might not be paying close attention.
No matter what would provoke it or how it would play out, that's now our Achilles' Heel as far as democracy goes. It makes sense to be very concerned about it because it is not a trivial matter and a lot rests on that now.
Jose Garcia
(2,595 posts)https://www.google.com/search?as_q=Obama+martial+law+postpone+elections+&as_epq=&as_oq=&as_eq=&as_nlo=&as_nhi=&lr=&cr=&as_qdr=all&as_sitesearch=Freerepublic.com&as_occt=any&safe=images&as_filetype=&as_rights=
MFM008
(19,808 posts)Woodrow Wilson got the 1918 flu.....
Just sayin.