A Weekly Dose of President Trump- Trump Family Train 11/13/2020

Free Republic ^ | 11/13/2020 | Deplorables

[Jane Long]

Apologies if others have already thought of/said this....

Gee, it’s almost as if these State Legislators all coordinated their Ready to Go responses released today.

Again, no such thing as coincidences.

[hoosiermama]

Gives the President ultimate authority over the troops. Which would include the Space Force today. The C in C has no way to get top secret material to the SCOTUS thru the judicial system except to take it directly to them.

Check out relationship to Congress and enemy/ war

Am wondering if this is what’s happening. PRAY

[Jane Long]

Will do. About to be on the road, for a bit.

Thanks.

[STARLIT]

https://constitutioncenter.org/interactive-constitution/interpretation/article-ii/clauses/345

Commander in Chief Clause

Congress can no more interfere with the President’s conduct of the interrogation of enemy combatants than it can dictate strategic or tactical decisions on the battlefield. Just as statutes that order the President to conduct warfare in a certain manner or for specific goals would be unconstitutional, so too are laws that seek to prevent the President from gaining the intelligence he believes necessary to prevent attacks upon the United States.

In sum, the Commander in Chief Clause gives the President the exclusive power to command the military in operations approved by Congress; it probably gives the President substantial independent power to direct military operations so long has the President does not infringe exclusive powers of Congress or other provisions of the Constitution; and it may (but may not) limit Congress’ power to pass statutes directing or prohibiting particular military activities.

At a minimum, all agree that the Clause has two separate but related purposes: First, in response to the charge in the Declaration of Independence that the King had “affected to render the Military independent of and superior to the Civil Power,” it ensures civilian superintendence over the military—and, as such, the subordination of the military to civilian (and democratically accountable) control. Second, and in contrast to the experience under the Articles of Confederation, it places such civilian superintendence in the hands of a single person. As David Barron and Martin Lederman’s definitive academic study of the Clause explains, “the textual designation of the President as the Commander in Chief was intended to ensure that that officer, and no other, would be ultimately responsible for performing that role, whatever it was to entail.” To that end, they continue, the Clause “suggests that, at least with respect to certain functions, Congress may not (by statute or otherwise) delegate the ultimate command of the army and navy . . . to anyone other than the President.”

A more difficult question is how much authority the Clause gives the President beyond operations approved by Congress. In the debates at Philadelphia, James Madison said that giving Congress the power to declare war would leave the President with power to repel sudden attacks. Presumably this power arises from the Commander in Chief Clause, read to convey independent substantive power to the President to direct the military on matters not related to war initiation. On this basis, Presidents have claimed authority over a range of military actions, including attacking pirates, rescuing U.S. citizens abroad, and making military deployments, although this authority is presumably circumscribed by other provisions of the Constitution and perhaps, some have argued, by international law......part of the

[Lakeside Granny]

Today President @realDonaldTrump and I filed a lawsuit against @GaSecofState Brad Raffensperger contesting his certification of the Presidential election in Georgia. 1/15 pic.twitter.com/aWnpiz6arf— David Shafer (@DavidShafer) December 4, 2020

[Freedom'sWorthIt]

That’s good to read. Thank you.

[LilFarmer]

Okay, /tinfoil on for a minute.

Loeffler’s staffer that was killed in the crash today is the boyfriend of Brian Kemp’s daughter. And this was no ordinary crash, explosion, flames, see the coverage here:

https://www.wtoc.com/2020/12/04/crash-closes-eastbound-lanes-i-near-pooler-pkwy/

I am very sad for this boy and I hope that this was not a message being sent to Loeffler and Kemp

/tinfoil off

Prayers for his family, RIP 🙏🙏🙏

[LilFarmer]

David Shafer (GA GOP Chairman) is a good guy - he has been very outspoken in Ga about fraud and how his observers have been treated and not allowed to observe

[hoosiermama]

“On this basis, Presidents have claimed authority over a range of military actions, including attacking pirates, rescuing U.S. citizens abroad, and making military deployments, although this authority is presumably circumscribed by other provisions of the Constitution and perhaps, some have argued, by international law....“

How does this figure into a foreign entity interfering with our election? Does it give him the authority or the SCOTUS the authority to void the election.

[Freedom'sWorthIt]

Any word on what happened when they went to the Supreme Court today? Am sorry I missed the call to pray at that time.

[STARLIT]

https://www.usconstitution.net/consttop_mlaw.html

[hoosiermama]

Car bomb?

[LilFarmer]

I don’t know, I don’t want to speculate, but the car was incinerated in that video

[hoosiermama]

Martial Law?

[STARLIT]

In the United States, there is precedent for martial law. Several times in the course of our history, martial law of varying degrees has been declared. The most obvious and often-cited example was when President Lincoln declared martial law during the Civil War. This instance provides us with most of the rules for martial law that we would use today, should the need arise.

ex parte Milligan

On September 15, 1863, Lincoln imposed Congressionally-authorized martial law. The authorizing act allowed the President to suspend habeas corpus throughout the entire United States. Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers. The President's proclamation was challenged in ex parte Milligan (71 US 2 [1866]). The Supreme Court ruled that Lincoln's imposition of martial law (by way of suspension of habeas corpus) was unconstitutional.

In arguments before the Court, the counsel for the United States spoke to the question of "what is martial law?" "Martial law," it was argued, "is the will of the commanding officer of an armed force, or of a geographical military department, expressed in time of war within the limits of his military jurisdiction, as necessity demands and prudence dictates, restrained or enlarged by the orders of his military chief, or supreme executive ruler." In other words, martial law is imposed by a local commander on the region he controls, on an as-needed basis. Further, it was argued, "The officer executing martial law is at the same time supreme legislator, supreme judge, and supreme executive. As necessity makes his will the law, he only can define and declare it; and whether or not it is infringed, and of the extent of the infraction, he alone can judge; and his sole order punishes or acquits the alleged offender."

In this case, Lambden Milligan, for whom the case is named, was arrested in Indiana as a Confederate sympathizer. Indiana, like the rest of the United States, was part of a military district set up to help conduct the war. Milligan was tried by military commission and sentenced to die by hanging. After his conviction, Milligan petitioned the Circuit Court for habeas corpus, arguing that his arrest, trial, and conviction were all unconstitutional. What the Supreme Court had to decide, it said, was "Had [the military commission] the legal power and authority to try and punish [Milligan]?"

Resoundingly, the Court said no. The Court stated what is almost painfully obvious: "Martial law ... destroys every guarantee of the Constitution." The Court reminded the reader that such actions were taken by the King of Great Britain, which caused, in part, the Revolution. "Civil liberty and this kind of martial law cannot endure together; the antagonism is irreconcilable; and, in the conflict, one or the other must perish."

Did this mean that martial law could never be implemented? No, the Court said. The President can declare martial law when circumstances warrant it: When the civil authority cannot operate, then martial law is not only constitutional, but would be necessary: "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."

[jennychase]

Excellent movie to watch. Trump is our Cromwell.

https://www.youtube.com/watch?v=ER6xGlAZjVs

Cromwell

[STARLIT]

Bernard B. Kerik

BREAKING NEWS!!!!! Michigan State Judge orders forensic inspection of Antrim County election machines, and prohibits the destruction of evidence relating to the 2020 election. #StopTheSteaI

anonymous

BREAKING: Michigan State Judge orders forensic inspection of Antrim County election machines, and prohibits the destruction of evidence relating to the 2020 election.

[STARLIT]

Mark R. Levin

WOW. Letter from over 76 members of the PA legislature asking Congress to reject PA’s electors. The focus is on multiple violations of Article II, Sec. 1, Cl. 2 by the Democrat Governor and Democrat Secretary of State.
http://pahousegopnews.com/AttachedFiles/12.04.20%20Congress%20Election%202020.pdf

General Flynn

This is big and how other state legislators across the country should act!

[hoosiermama]

Michael Hasting’s car explosion comes to mind.

[STARLIT]

http://www.pahousegopnews.com/AttachedFiles/12.04.20%20Congress%20Election%202020.pdf

Mark Levin