D

Dude#1279435

Audioholic Warlord
I heard someone in their rank indicate he will declare nationwide Martial Law. :eek: If he can get away with it. Again, we'll see what @Mr._Clark has to say.
It comes down to Trump because the Republicans wouldn't stop him. Well maybe the supremes, but that depends upon who has more power.
 
D

Dude#1279435

Audioholic Warlord
That's about accurate LOL. :D
1745758003926.png

Edit: well at least the rallies and Orange Jesus stuff appears to have ended.:)
 
M

Mr._Clark

Audioholic Samurai
I heard someone in their rank indicate he will declare nationwide Martial Law. :eek: If he can get away with it. Again, we'll see what @Mr._Clark has to say.
If he declared martial law as a ploy to stay in office after his term ends, my best guess is that the Supreme Court would rule that he is just a private citizen and his actions have no legal force.

So, what would happen if Trump refused to recognize the Supreme Court ruling in this hypothetical? Presumably lower federal courts would refuse to recognize any actions by Trump. I suppose a few state and local courts might go rogue but it's hard to imagine it would have much effect.

It's not clear to me what would happen if Trump were to "terminate" federal employees who refused to follow his orders. The courts would undoubtedly rule that the "terminations" are null. This is all guesswork, but I but I suppose some federal employees might follow the former president's directives and remove the terminated employees from the federal payroll contrary to court orders.

I suppose he could declare martial law prior to the next election in an effort to avoid having an election, in which case he could assert that no successor has been legally elected and he is therefore the de facto president. I'm not at all sure what happen in this scenario. It would clearly violate the constitution, but I'm not sure if the Supreme Court would declare that the next in line (presumably the VP) is the president.

There's an old saw to the effect that the military ultimately decides the outcomes of illegal attempts to stay in power. Guns "trump" court orders when push comes to shove.

Attempting to use martial law or some other means to retain power would be extremely risky for Trump. If his attempt were to fail, odds are good he's spend the rest of his life in the slammer, or holed up in a foreign country somewhere.

I'm not sure how realistic any of these hypotheticals are. Even Republicans don't think he should seek a 3rd term.

>>>The Reuters/Ipsos poll found that 53 percent of Republicans surveyed last week said Trump should not seek a third term.<<<

 
mtrycrafts

mtrycrafts

Seriously, I have no life.
If he declared martial law as a ploy to stay in office after his term ends, my best guess is that the Supreme Court would rule that he is just a private citizen and his actions have no legal force.

So, what would happen if Trump refused to recognize the Supreme Court ruling in this hypothetical? Presumably lower federal courts would refuse to recognize any actions by Trump. I suppose a few state and local courts might go rogue but it's hard to imagine it would have much effect.

It's not clear to me what would happen if Trump were to "terminate" federal employees who refused to follow his orders. The courts would undoubtedly rule that the "terminations" are null. This is all guesswork, but I but I suppose some federal employees might follow the former president's directives and remove the terminated employees from the federal payroll contrary to court orders.

I suppose he could declare martial law prior to the next election in an effort to avoid having an election, in which case he could assert that no successor has been legally elected and he is therefore the de facto president. I'm not at all sure what happen in this scenario. It would clearly violate the constitution, but I'm not sure if the Supreme Court would declare that the next in line (presumably the VP) is the president.

There's an old saw to the effect that the military ultimately decides the outcomes of illegal attempts to stay in power. Guns "trump" court orders when push comes to shove.

Attempting to use martial law or some other means to retain power would be extremely risky for Trump. If his attempt were to fail, odds are good he's spend the rest of his life in the slammer, or holed up in a foreign country somewhere.

I'm not sure how realistic any of these hypotheticals are. Even Republicans don't think he should seek a 3rd term.

>>>The Reuters/Ipsos poll found that 53 percent of Republicans surveyed last week said Trump should not seek a third term.<<<

Thanks. Does the constitution prevent elections if Martial Law is declared?
Can congress declare martial law invalid if no legitimate reason is present? Do they have such powers?

We never had to think about this kind of event. Crazy.
 
T

trochetier

Full Audioholic
I'll let the law experts deal with that.

I'm paraphrasing but it's ridiculous what a Republican strategist will say regarding Trump 2028. You can't just decide to change it on a whim for one president.:rolleyes: At best if you were to change the law it has to be changed sometime in the future to exclude anyone specific in mind. In the end I hope it's all hyperbole cause it's retarded to even think about.
I am getting concerned, if the admin continues to arresting judges and gloating about it, flouting the courts including the Supreme and the spineless congress does noting, we may see a military coup/rule in this country.
 
lovinthehd

lovinthehd

Audioholic Jedi
I am getting concerned, if the admin continues to arresting judges and gloating about it, flouting the courts including the Supreme and the spineless congress does noting, we may see a military coup/rule in this country.
Personally am hoping most of the military would refuse to allow that, even with drumphy's replacement at top levels with "loyalists". I may be in fantasy land on that, could be crazier....the stormtroopers of ICE aren't encouraging. Do we have enough US Marshals to counter in any case? At least there's some resistance from the judiciary, thought he would be given more latitude there than he's been getting....
 
D

Dude#1279435

Audioholic Warlord
2 year old US citizen deported - conservative judge mad.
The kid is dangerous - a future MS-13 member! ;)
Homan just said on air It's the mother's own fault for putting the child in that position. I actually like him on this one for being honest vs where he said he didn't regret deporting Garcia or the word salad of tattoos didn't have an outcome but yes they did.
 
D

Dude#1279435

Audioholic Warlord
If he declared martial law as a ploy to stay in office after his term ends, my best guess is that the Supreme Court would rule that he is just a private citizen and his actions have no legal force.

So, what would happen if Trump refused to recognize the Supreme Court ruling in this hypothetical? Presumably lower federal courts would refuse to recognize any actions by Trump. I suppose a few state and local courts might go rogue but it's hard to imagine it would have much effect.

It's not clear to me what would happen if Trump were to "terminate" federal employees who refused to follow his orders. The courts would undoubtedly rule that the "terminations" are null. This is all guesswork, but I but I suppose some federal employees might follow the former president's directives and remove the terminated employees from the federal payroll contrary to court orders.

I suppose he could declare martial law prior to the next election in an effort to avoid having an election, in which case he could assert that no successor has been legally elected and he is therefore the de facto president. I'm not at all sure what happen in this scenario. It would clearly violate the constitution, but I'm not sure if the Supreme Court would declare that the next in line (presumably the VP) is the president.

There's an old saw to the effect that the military ultimately decides the outcomes of illegal attempts to stay in power. Guns "trump" court orders when push comes to shove.

Attempting to use martial law or some other means to retain power would be extremely risky for Trump. If his attempt were to fail, odds are good he's spend the rest of his life in the slammer, or holed up in a foreign country somewhere.

I'm not sure how realistic any of these hypotheticals are. Even Republicans don't think he should seek a 3rd term.

>>>The Reuters/Ipsos poll found that 53 percent of Republicans surveyed last week said Trump should not seek a third term.<<<

Privately they said Trump should not run, but publicly they're not going to stop him I don't think. That's what I was getting at. It's up to the courts to stop him if it came to that. Personally I think he's bluffing.
 
D

Dude#1279435

Audioholic Warlord
I thought Labash summed up my thoughts on the Trump era better than I could.

 
H

highfigh

Seriously, I have no life.
I heard someone in their rank indicate he will declare nationwide Martial Law. :eek: If he can get away with it. Again, we'll see what @Mr._Clark has to say.
Declaring Martial Law would be a very stupid move and I have to wonder if the Military & Law Enforcement would go along with it.
 
M

Mr._Clark

Audioholic Samurai
Thanks. Does the constitution prevent elections if Martial Law is declared?
Can congress declare martial law invalid if no legitimate reason is present? Do they have such powers?

We never had to think about this kind of event. Crazy.
I'm not sure I completely understand the original question. I think it was "Could Trump stay in office for a third term by declaring martial law?"

Going back to the basics, the person declaring martial law must have legal authority to do so. An ex president is a private citizen with no authority to declare martial law or maintain martial law.

Martial law is the suspension of existing laws. It is not a mechanism to create new law out of thin air. I see no legal mechanism to "boot strap" a suspension of laws while president into a new law that, contrary to the Constitution, allows a person to continue to be president. An ex president could of course assert such power, but to my mind it would be no different (legally) than a random dog catcher from Cleveland asserting that he is president and ordering the military to follow his orders.

Getting back to your questions:

"Does the constitution prevent elections if Martial Law is declared?" I'm not a constitutional law scholar by any means, but I think the short answer is "no." A related question is "Does the constitution allow a president to prevent an election by declaring martial law?" I think the short answer is again "no" but it's conceivable that a president might successfully prevent an election if the military went along with it.

"Can congress declare martial law invalid if no legitimate reason is present? Do they have such powers?" I think the short answer is "no" if "declare" means a legally enforceable declaration (congress frequently makes declartions to send a message, but these do not have the force of law). Congress could pass a law restricting the president, but of course the president could veto it. Laws restricting the executive branch tend to be weak and open to challenge for a variety of reasons.

It seems to me that a more likely scenario would be for congress to directly invoke (or threaten to invoke) its constitutional power and impeach the president, remove him from office, and declare him disqualified to hold office in the future. Theoretically, there is an issue if it's not clear that the person being impeached is in fact legally the president or just a prior president. It's probably a moot point because an ex president would have to assert he is no longer president to "win" on this basis, which means he'd still lose.

Take the above with a grain of salt. These are just my initial impressions.
 

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