Sun Jan 10, 2021, 12:33 PM

42bambi (1,753 posts)

I have a very serious question that I'm sure someone on DU will

have the answer. I know the President has the power to deploy the US military in such matters as insurrection or civil disobedience but if the President is unable, (for any reason), shouldn't that responsibility automatically be given to the Vice President?

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11 replies	Author	Time	Post
I have a very serious question that I'm sure someone on DU will (Original post)	42bambi	Jan 2021	OP
Well, if he is truly unable, then the 25th Amendment applies.	Girard442	Jan 2021	#1
All I can say is that to prevent this from ever happening again we	42bambi	Jan 2021	#4
Never martial law!	Wawannabe	Jan 2021	#5
Agreed. That's far too dangerous.	Vivienne235729	Jan 2021	#7
The current occupant presently must decide	Clearly fogged in	Jan 2021	#2
US Army	Timewas	Jan 2021	#3
JFK sent plenty of active duty military to Univ of Mississisppi in '62.	JustABozoOnThisBus	Jan 2021	#6
I see that	Timewas	Jan 2021	#8
JFK showed restraint. Yes, he sent troops from 101st Airborne Div, but	JustABozoOnThisBus	Jan 2021	#11
Read exclusions on your link re: insurrection	grantcart	Jan 2021	#9
I agree	Timewas	Jan 2021	#10

Response to 42bambi (Original post)

Sun Jan 10, 2021, 12:37 PM

Girard442 (5,911 posts)

1. Well, if he is truly unable, then the 25th Amendment applies.

If he's a criminal, then impeachment.

If he's a criminal supported by at least one of the houses of Congress, then we're out of legal remedies.

On edit: Even though POTUS is Commander in Chief of the military, they are not obligated to follow illegal orders.

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Response to Girard442 (Reply #1)

Sun Jan 10, 2021, 01:23 PM

42bambi (1,753 posts)

4. All I can say is that to prevent this from ever happening again we

should have Congress author an act (?), for the sole purpose of allowing the VP authority to declare Martial Law in the event the President is deemed mentally unable/unstable (confirmed as such by psychologist's), continue to serve as President.

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Response to 42bambi (Reply #4)

Sun Jan 10, 2021, 03:49 PM

Wawannabe (5,316 posts)

5. Never martial law!

Please please please do not advocate for Marshall law. Ever! OMG!😳😳😳😳😳

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Response to Wawannabe (Reply #5)

Sun Jan 10, 2021, 04:00 PM

Vivienne235729 (3,290 posts)

7. Agreed. That's far too dangerous.

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Response to 42bambi (Original post)

Sun Jan 10, 2021, 12:37 PM

Clearly fogged in (1,894 posts)

2. The current occupant presently must decide

must decide a or b, buttered side up or down, to resume the duties of his office.

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Response to 42bambi (Original post)

Sun Jan 10, 2021, 01:03 PM

Timewas (2,054 posts)

3. US Army

Cannot be used to enforce domestic laws Posse Comitatus Act

https://en.wikipedia.org/wiki/Posse_Comitatus_Act

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Response to Timewas (Reply #3)

Sun Jan 10, 2021, 03:58 PM

JustABozoOnThisBus (23,050 posts)

6. JFK sent plenty of active duty military to Univ of Mississisppi in '62.

Last edited Sun Jan 10, 2021, 04:30 PM - Edit history (1)

MPs, Medics, communications, all sent to keep the peace.

So, Posse Comitatus is not quite absolute.

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Response to JustABozoOnThisBus (Reply #6)

Sun Jan 10, 2021, 04:04 PM

Timewas (2,054 posts)

8. I see that

The President may employ the armed forces ... to ... restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition ... the President determines that ... domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order ... or [to] suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such ... a condition ... so hinders the execution of the laws ... that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law ... or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.[15]

Of course this says the President can do these things seems to leave it at that...

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Response to Timewas (Reply #8)

Sun Jan 10, 2021, 04:29 PM

JustABozoOnThisBus (23,050 posts)