I think martial law is the privilege of Congress. The President is not a king, but somebody who signs laws passed by Congress.
Yes he does. Eisenhower, FDR, Bush Sr.,LBJ, and GW Bush all did it off the top of my head in terms of calling in the military to enforce.
One of my earliest memories is looking at the Panama City News Herald. There was a photo of soldiers burning tables in the street. Stacked fairly high.
I asked Mother what it was and she said that it was “Martial Law” in Phenix City, Alabama.
Ex parte Milligan, 71 U.S. 2 (1866): Martial law is unconstitutional in any area of the United States where the regular court system is able to function. In other words, the regular system of law applies unless and until that becomes impossible for all practical purposes.
Some of the National Guard are kneeling now
Circumstances requiring martial law is kinda like hard-core pornography.
Hard to describe but you’ll know it when you see it.
What were the Union troops doing in Georgia?
Lincoln did it at the beginning of the War of Northern Aggression.
Where’s Ghislaine, Lolita Express Al? What do you get when you attach a human head to a garbage can?
Alan Dershowitz
He dreaming. Courts do not have to do anything. And The people always have the last word.
“ Accordingly, even if President Trump were to try to invoke martial law or emergency powers, claiming that they are inherent with his authority as commander in chief of the armed forces, the courts would have the last word, because citizens detained without due process would be able to secure judicial review by means of the “great writ” of habeas corpus. The courts must remain open even during dire emergencies.”
The winner is the one who controls the Trident subs.
Trump doesn’t have to declare martial law. But he can federalize the Guard and deploy them, if the street fighting gets bad enough.
What I would really rather see, though, is a roundup of antifa. Surely by now they’ve had them infiltrated long enough to know who is who and who funds who. That would go a long way to quieting things down. RICO.
This martial law stuff strikes me as a head fake. It would tie up too much time and energy with constitutional issues to fight for martial law.
My 2 cents? Trump has already used executive power (secretly?) to allow for military hunting of insurgents like Antifa. Money, people, connections, all being reeled in. Airtight case.
I’ll further posit that, whether they’re prosecuted or not, he will show ties to leftist politicians in the US and abroad.
Mr. Dershowitz, I remind you of Ft. Sumter (see below). On April 12, 1861 they proved that they didn’t give a damn what the US Supreme Court said. With half our citizens looting, robbing and killing, or condoning those that do, it can happen again.
Fort Sumter is a island fortification in Charleston, South Carolina. The fort was where the American Civil War began. On April 12, 1861, Confederate artillery opened fire on the fort. The Union garrison, under the command of Major Robert Anderson, surrendered the fort 34 hours later.
Not to be flippant, but it seems to me what is legal in this country is basically determined by what is politically feasible. In other words if a mayor or governor or apresident can get away with it, it is legal by default
Bookmark
You mean like the ones we have been living with for 2+ months now?
Unless there’s a military coup, there cannot be martial law. It is a military governance by definition.
You’d think Dershy would understand this.