I have a very serious question that I'm sure someone on DU will

[42bambi]

have the answer. I know the President has the power to deploy the US military in such matters as insurrection or civil disobedience but if the President is unable, (for any reason), shouldn't that responsibility automatically be given to the Vice President?

[Girard442]

1. Well, if he is truly unable, then the 25th Amendment applies.

If he's a criminal, then impeachment.

If he's a criminal supported by at least one of the houses of Congress, then we're out of legal remedies.

On edit: Even though POTUS is Commander in Chief of the military, they are not obligated to follow illegal orders.

[42bambi]

4. All I can say is that to prevent this from ever happening again we

should have Congress author an act (?), for the sole purpose of allowing the VP authority to declare Martial Law in the event the President is deemed mentally unable/unstable (confirmed as such by psychologist's), continue to serve as President.

[Wawannabe]

5. Never martial law!

Please please please do not advocate for Marshall law. Ever! OMG!😳😳😳😳😳

[Vivienne235729]

7. Agreed. That's far too dangerous.

[Clearly fogged in]

2. The current occupant presently must decide

must decide a or b, buttered side up or down, to resume the duties of his office.

[Timewas]

3. US Army

Cannot be used to enforce domestic laws Posse Comitatus Act

https://en.wikipedia.org/wiki/Posse_Comitatus_Act

[JustABozoOnThisBus]

6. JFK sent plenty of active duty military to Univ of Mississisppi in '62.

Last edited Sun Jan 10, 2021, 04:30 PM - Edit history (1)

MPs, Medics, communications, all sent to keep the peace.

So, Posse Comitatus is not quite absolute.

[Timewas]

8. I see that

The President may employ the armed forces ... to ... restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition ... the President determines that ... domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order ... or [to] suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such ... a condition ... so hinders the execution of the laws ... that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law ... or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.[15]

Of course this says the President can do these things seems to leave it at that...

[JustABozoOnThisBus]

11. JFK showed restraint. Yes, he sent troops from 101st Airborne Div, but

... the 101st only sent medics and comm guys. He didn't send in their infantry.

[grantcart]

9. Read exclusions on your link re: insurrection

22 times the Army has been used to put down insurrection. A mob attack on Congress is the text book definition of insurrection.

[Timewas]

10. I agree

But it seems that it takes the president to do it, not sure anyone else has the authority to order this.