lovinthehd

lovinthehd

Audioholic Jedi
We are living in unknown territories with this president.
Is this how a civil war starts? Which armed forces branch will follow the constitution and which one will not? :eek::mad:
Keep in mind it's not just the president but his allies in the judicial system as well as congress
 
H

highfigh

Seriously, I have no life.
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.
I think the question of whether he could declare Martial Law refers to him doing it before his term ends.
 
H

highfigh

Seriously, I have no life.
That would certainly be the question, whom would they follow. Law enforcement might follow county and state edict although some counties or locals have shown that they would not follow state mandate.
All law enforcement, military and officials swear an oath to the Constitution and unlawful orders can be disobeyed, AFAIK.

Let's hope it never comes to this- I think the number of people who would be in favor is small enough that not following those orders wouldn't be overcome.
 
T

trochetier

Full Audioholic
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.
The NYT report says her call was cut off prematurely before her husband could give her the contact for lawyer or given a chance for due process. So much so the Louisiana judge a conservative one has scheduled a hearing. The admin is shipping those they arrest to this court because it is "friendly". So Homan was not being fully honest.

There's the law and due process (a chance for the accused to face the accuser and plead his/her case) and there is also grace, mercy. On the grace and mercy - perhaps a reading Portia's speech on mercy from Merchant of Venice is in order -
 
T

trochetier

Full Audioholic
Did Amazon cave? Amazon shows the sales tax it collects. So why not the import tax?

Attack on science, medicine, health and even medical journals -

 
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