curl-6 said:
Nighthawk117 said:
Newsflash.......ABC News reported tonight that Donald Trump is considering imposing Martial Law in the US to allow the US Military to conduct an election recount. |
Does he have the power to do that? Cos that's kinda terrifying. |
Well, he won't reply, so I will. And, basically no.
Here is the text of the Insurrection Act which would be the basis of that power.
"Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion."
I'm not sure how on Earth you'd get from there to actually implementing martial law. They can allege that states did not follow proper voting procedures, but that's not a matter of Federal law, it's state law. And, judicial proceedings were available. The courts are responsible for interpreting the law, and they've already been pretty clear on the matter. Also, it's not clear that there is any obstruction, combination, assemblage, or rebellion against authority. What those are is not crystal clear, but it's clear that it has to be some group of people.
Part of the act also says "Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time."
So, it's clear that the power is limited to dispersing a group of people and that martial law in no way allows the President to redo an election.
There's more on it here https://www.law.cornell.edu/constitution-conan/article-2/section-2/clause-1/martial-law-and-constitutional-limitations but to sum it up, there is no way Trump could legally do that, if he wanted to, which has not been proven (though I wouldn't put it past him).
Of course, in theory, anyone can declare martial law. If Kanye West wanted to declare he actually won the election and invoke martial law right now, he could try... and if the military listens, they listen. They have the guns, so if they really want to take control, there isn't a whole lot that can be done to stop them. But, I'd say the military listening to Kanye is only slightly less realistic then them reholding an election.