Could President Trump use a terrorist attack to declare martial law?

[left-of-center2012]

He's have a GOP Congress and Supreme Court to back him.

[treestar]

1. No the Constitution doesn't seem to allow that

There was some case involving the Civil War where they had to shut the courts down in a state. But in modern times there is not really going to be any reason, and a terrorist attack wouldn't be enough.

[gratuitous]

9. Ah, that quaint old document

I seem to think that the Constitution forbids indefinite detention and torture, too, but that hasn't stopped some folks from doing that with impunity.

It's my opinion that if President Trump puts the country under de facto martial law, he'll have a huge contingent of spokespersons and mouthpieces, as well as sycophantic media personalities, all out there denying any such thing is happening. Enough people will believe the blather over the evidence of their own eyes that it will continue on for quite a long time.

[left-of-center2012]

11. "that quaint old document"

Wasn't it Cheney who said it's just a piece of paper?

[treestar]

14. how could he physically do that?

I mean, it would take some kind of force, wouldn't it? The national guard? The military could fight illegal orders and in fact I've heard some of them said they would. Given that Hillary had more voters, there isn't enough political will to cave in to such a thing either.

Police forces are all under state and country and muni jurisdiction. States have powers - no POTUS can get around that.

This is why I think the separation of powers is good. It would work. State governors would want to keep their power, even the Republicans. They are not going to hand it over to POTUS. Neither would Congress or the courts.

This is why I think the fears of martial law in the US are overblown.

Remember the things you mentioned above had to be abroad and with the excuse of war.

[gratuitous]

17. Remember this is a guy who bragged he could shoot someone on Fifth Avenue and get away with it

I've seen too many unbelievable things this year to say categorically that a president Trump wouldn't be able to invoke martial law and have troops out patrolling the streets of certain cities that displease him, ready to dispense some hot justice to malcontents and nay-sayers. He would doubtless have an enormous media push behind him, and millions of supporters cheering him on.

In recent days, Trump has called the government intelligence agencies incompetent and worthless; American workers lazy and spoiled; and claimed he's too busy to worry about learning the ropes of his new job while taking time to meet with Kanye West. This antic display would have torpedoed anyone else, but Trump appears to be going as strong as ever in the media's coverage.

[treestar]

19. I don't think there is any way to invoke it

There was some procedure Cheney and his ilk developed in case of nuclear attack or something like that.

And troops in the street - think of all the gun nuts who are keeping their guns because the gubmint might take over. That would be what they were waiting for.

And how obedient are the troops to the CIC? They are supposed to defend us and not be used against us. Even in the military would that political will be there to actually act against us? In great enough numbers?

[gratuitous]

22. Would the troops draw down on their own citizens? I couldn't say

And who could say that a bunch of gun nuts wouldn't leap at the opportunity to play Red Dawn for reals? Only instead of peppering away at invading Russkies, they'd get to shoot their real enemies, the dirty fucking hippies masquerading as their fellow Americans. Look at Edgar Welch and his armed freelance investigation of Comet Ping Pong. The Bundy Terrorist Gang has demonstrated their ability to draw a crowd of like-minded armed kooks. Trump has incited his supporters before, and had them beating on undesirables at his rallies. There was no appreciable backlash for that, and I don't even recall any arrests.

[pbmus]

28. Kent State... Google it

Last edited Sun Dec 18, 2016, 07:59 PM - Edit history (1)

And of course it was another repuker president named Nixon ..

[Trenzalore]

29. Without a massive troop buildup it is impossible.

The army and national guard could declare martial law in maybe one large urban area in the country. There is simply not enough force to project martial law in all urban areas.

[Sam1]

12. The case is Exparte Milligan and is

here.

https://www.law.cornell.edu/supremecourt/text/71/2

[treestar]

16. Thanks!

Am going to read that again!

[Sam1]

23. The scarey scenario is

that his administration busts a terrorist group planning to nuke New York and then spends the rest of his term looking for the next one.

[workinclasszero]

20. I don't think the Constitution allows an agent of a foreign government

To assume the presidency either.
And yet on January 20 2017 that's exactly what's going to happen.

All bets are off after that date. The Constitution may as well be considered null and void.

[Generator]

2. Sure

In fact I expect it if there is a terror attack.

[PoliticAverse]

3. According to some DUers apparently a single report from the CIA is enough to declare martial law. nt

[putitinD]

6. Trump will just say "some are saying" there might be a terrorist attack and declare martial law.

[dawnie51]

4. in a heart beat......

do you doubt it?

[rzemanfl]

5. He will use a terrorist attack on one of his overseas properties to start a war-

THEN he will declare martial law.

[WhiteTara]

26. Of course, it will be

the one failing the most.

[rzemanfl]

34. No, the most heavily insured. n/t

[WhiteTara]

36. That doesn't mean they

are mutually exclusive...I'm sure he jacks up insurance in preparation of the planned demolition!

[rzemanfl]

37. True enough. n/t

[jalan48]

7. He won't have to. His right wing jackasses voters will be enforcing compliance.

I live in a very progressive community and yet, days after 9-11 camo-dressed men and women showed up at stop signs and stop lights waving flags. We were supposed to honk our horns to "Support our Troops!". There was literally NO dissent allowed unless you wanted to risk violence. Phil Donahue was kicked off the airwaves for daring to question the Bush Administration. The media and the para-military (think Ferguson) will provide our own, self-enforced, martial law.

[roamer65]

24. That will be the start of the Second Civil War.

Another 9/11'ish attack will split the country right down the middle. Too many have heard of Dump ignoring intelligence briefings. 50 pct of the country will immediately blame him...maybe more.

[gordianot]

8. He probably can the actual provisions are not available to the public.

I do wonder how provisions would work if it is a Russian attack.

There were some plans drawn up in the Reagan administration and come from the Commander in Chief. As I recall Ollie North was involved but that was probably just self promotion.

This would throw out the Constitution.

[immoderate]

10. Next summer, there will be curfews, and demonstrators in jail,

and tanks in the streets, and police with dogs, and tasers, rubber bullets, tear gas, and other instruments of torture.

But not martial law.

--imm

[Sam1]

13. Not enough of them are white!

[immoderate]

18. Oh, I think that remains to be seen.

I think that even white people will be out there.

--imm

[left-of-center2012]

15. ...

[duffyduff]

21. I don't think he knows the difference between martial law and marital law.

Judging from the way he constantly misspells his tweets, it is a distinct possibility.

[madinmaryland]

25. LOL!!

[MrPurple]

31. Maybe Schumer can tell him that the Senate has a pre-nup

[rzemanfl]

35. He has a lot of marital law experience though. n/t

[LonePirate]

27. We need to stop believing laws and the Constitution apply to Republicans. They obviously don't.

They act above and beyond the law and no one ever challenges or stops them. It's just the way it is.

[MrPurple]

30. Doesn't need to be literal martial law for him to greatly decrease civil rights

Remember the post 9/11 hysteria with anthrax mailings and warnings from the government on how to seal up your windows with plastic wrap? Then, we got the Patriot Act and increased government surveillance.

I'd expect Bannon to milk the next terrorist incident for all the hysteria they can generate, and for increased Patriot Act type powers. They'll fire up their followers with anti-Moslem, anti-immigrant hate. Springboard for their deportations, detentions, etc. I'd expect them to try to go after unfavorable media. They don't have to declare formal martial law to seize extra powers.

[Emilybemily]

32. Sure

Why wouldn't he?

[unpresidented2016]

33. No, the landmass of the USA is too much of a deterent.

Too many states would resist him for the entire country to be ruled that way for too long.