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onenote

(46,077 posts)
14. My thought: another post that reflects a misunderstanding of martial law.
Wed Jan 15, 2020, 06:34 AM
Jan 2020

Per Supreme Court precedent:

"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."

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It's really not either/or. 7wo7rees Jan 2020 #1
Indeed: the complete co-opting of depts of Justice and State nt Drum Jan 2020 #9
precisely why he must be stopped prior to the election Grasswire2 Jan 2020 #2
He'll probably try to invoke Continuity of Government sandensea Jan 2020 #3
Is there any credible reporting on that story? tritsofme Jan 2020 #8
Bush wasn't about to admit that in public as you can imagine sandensea Jan 2020 #10
Ah, that's what I thought, CT. tritsofme Jan 2020 #17
You have a lot more faith in the Shrub that I do sandensea Jan 2020 #25
CT nonsense is still nonsense, regardless of the subject. tritsofme Jan 2020 #29
Each state is in charge of its own election. murielm99 Jan 2020 #4
'The election' takes place in 50 states, DC, and elsewhere, elleng Jan 2020 #5
So cute durablend Jan 2020 #22
Not worried... VarryOn Jan 2020 #6
An executive order would be meaningless. The process moves completely independently of tritsofme Jan 2020 #7
I agree. EO isn't going to work here. Martial law? Madness. NCLefty Jan 2020 #13
I'm not arguing that it's illegal kurtcagle Jan 2020 #11
No, because it won't happen. Get out the vote, trump's gone. Hoyt Jan 2020 #12
My thought: another post that reflects a misunderstanding of martial law. onenote Jan 2020 #14
How can he do that when the states run the elections and select the electors? Kaleva Jan 2020 #15
Stop over-rating this fool please malaise Jan 2020 #16
"he will soon be gone". . .One way or another. . . DinahMoeHum Jan 2020 #27
SCOTUS goes along with him and our country as we knew it is over. lark Jan 2020 #18
Isn't this the same sort of speculation sarisataka Jan 2020 #19
False equivalency uponit7771 Jan 2020 #21
Are you comparing Obama to Trump? First Speaker Jan 2020 #24
Only insofar as sarisataka Jan 2020 #30
Yes it is. onenote Jan 2020 #31
*** The house can refuse to certify his election*** uponit7771 Jan 2020 #20
I think this is unlikely, though he might fantasize about it. What does worry me... First Speaker Jan 2020 #23
There is no legal mechanism for a president to cancel and election Takket Jan 2020 #26
Trump would quickly learn America is no place for dictators jmowreader Jan 2020 #28
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