To: Pilgrim's Progress
If the insurrection act has been signed, that means that the military is now in charge of the country. That would be de facto martial law.
No it's not martial law. The Insurrection Act allows the military to be used for law enforcement, but only if POTUS so chooses. The U.S. Marshals Service could be used to seize evidence, or the militia could be called forth to perform certain tasks. Calling this martial law is overly dramatic. POTUS might suspend habeas corpus, but the Constitution is not suspended. For example, the right to freedom of expression could be restored by this action, not suppressed.
158 posted on
01/10/2021 3:05:20 PM PST by
Dr. Franklin
("A republic, if you can keep it.")
To: Dr. Franklin
No it's not martial law. The Insurrection Act allows the military to be used for law enforcement, but only if POTUS so chooses. The U.S. Marshals Service could be used to seize evidence, or the militia could be called forth to perform certain tasks. Calling this martial law is overly dramatic. POTUS might suspend habeas corpus, but the Constitution is not suspended. For example, the right to freedom of expression could be restored by this action, not suppressed. So if Trump invokes the Insurrection Act on Monday and the Courts strike it down on Tuesday, then what?
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