Posted on Jun 9, 2016
If terrorist or other activities increased could martial law be invoked (if all legal grounds were met)? Could Obama then remain President?
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Responses: 28
SSgt Charles Freeman
Really? Considering what we've experienced over the last seven years, I'm not so sure he isn't.....lol
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CPT Ahmed Faried
definitely not. But there are plenty of stupid people to be hoodwinked who would believe it. Remember Jade Helm?
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1LT William Clardy
Now, now, CPT Ahmed Faried, don't go dissing on our Jade Helm fanboys. It's not their fault that they can't do the math to see how logistically impossible it would be to impose martial law nationwide.
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That is not how martial law works. You don't simply become President for life by invoking it. I've seen some tinfoil hat theories on some fringe right sites that are apoplectic about Pres Obama declaring martial law and remaining El Presidente for life.
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1LT William Clardy
SSG Pete Fleming, there is no requirement anywhere that voting be suspended for any reason, and ample historical precedent for continuing to hold elections even during ongoing insurrections. Heck, West Virginia is a product of the insurrectionists even allowing folks to vote about whether or not they wanted to secede from a secession.
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SSG Pete Fleming
1LT William Clardy -
Missouri during the Civil War, when the pro-Confederate Governor, Claiborne Fox Jackson (who was elected by the people), fled to Texas, the federal government appointed Hamilton Rowan Gamble, when he died Willard Preble Hall became governor. There was no vote until after the war was over, the election was won by Thomas Clement Fletcher. He was actually elected by the people but neither Gamble nor Hall were.
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Missouri during the Civil War, when the pro-Confederate Governor, Claiborne Fox Jackson (who was elected by the people), fled to Texas, the federal government appointed Hamilton Rowan Gamble, when he died Willard Preble Hall became governor. There was no vote until after the war was over, the election was won by Thomas Clement Fletcher. He was actually elected by the people but neither Gamble nor Hall were.
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CPT John Sheridan
The Constitution makes no provision for suspending elections. As a practical matter though, should there be a collapse of the civil government, it is conceivable in the tin-foil hat universe, that insurrection or invasion could result in the complete failure of civil government. Even then, it could only occur temporarily until such time as the functions of civil government can be restored.
Article 1, Section 8, Clause 15 is the "Martial Law" clause. It simply allows the President or Congress to call forth the militia to execute the laws. This only applies until the functions of civil government can be restored. The US Supreme Court made several rulings during the Civil War placing limits on these powers. I suggest reading ex parte milligan, 71 U.S. (4 Wall.) 2, 18 L. Ed. 281 (1866).
Of course, if one believes that President Obama will unilaterally declare martial law, Congress and the Supreme Court would not act, and the military would act to support such a declaration, then it might be a good idea to head to the doomsday bunker in Montana. Either that or consider going back on the meds.
Article 1, Section 8, Clause 15 is the "Martial Law" clause. It simply allows the President or Congress to call forth the militia to execute the laws. This only applies until the functions of civil government can be restored. The US Supreme Court made several rulings during the Civil War placing limits on these powers. I suggest reading ex parte milligan, 71 U.S. (4 Wall.) 2, 18 L. Ed. 281 (1866).
Of course, if one believes that President Obama will unilaterally declare martial law, Congress and the Supreme Court would not act, and the military would act to support such a declaration, then it might be a good idea to head to the doomsday bunker in Montana. Either that or consider going back on the meds.
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