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To: Fury

The Insurrection Act has been law since 1807 in one form or another, and that law replaced the earlier Calling Forth Act of 1792. It has never been declared unconstitutional by any court, and the legislature is unlikely to amend it presently to deprive POTUS of powers already granted. The Insurrection Act is about the powers of the Commander-In-Chief to address insurrectiona and deprivation of constitutional right. Should POTUS use that act to address deprivations of those rights and foreign interference in U.S. elections, it will be because state and federal courts have not addressed those issues by using excuses such as standing, lack of harm to voters, laches, etc. Note those courts haven’t ruled that the elections were all fair, just that for some techncial reason the court won’t address the obvious problem. POTUS doesn’t have to play dumb to what is happening too, and then those courts and legislatures will either act or look foolish.


134 posted on 12/05/2020 8:10:01 AM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: Dr. Franklin
Re: 134 - great post. What some FReepers are suggesting is that the Insurrection Act and or martial law strips powers noted in the US Constitution of the Federal Judiciary and Legislative branches of government.

Specifically, I was referring to the power of impeachment. I do not believe the Insurrection Act strips the House of the ability to impeach, nor the Senate to convict. Someone suggested it does.

There are already some advocating for mass arrests, the suspension of habeas corpus, etc. On this site.

I don't believe President Trump will invoke the Insurrection Act, declare martial law, etc. We shall see.

137 posted on 12/05/2020 8:56:25 AM PST by Fury (.)
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