Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

moniss

(7,655 posts)
39. Many people are hanging their hat on the mid-terms
Tue Nov 12, 2024, 04:11 AM
Nov 2024

but there is no guarantee there will be mid-terms. It is a very plausible scenario for there to be an "uprising, attack" etc. used for an excuse for a martial law declaration under the scenario the USSC cited in Milligan v United States during the time of Lincoln. According to the Court " The President can declare martial law when circumstances warrant it:
When the civil authority cannot operate, then martial law is not only
constitutional, but would be necessary: “If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for, if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war.”

Once they would declare the courts to not be viable to function all bets are off. Anybody could argue impropriety all they want but there will be no legal forum to address it. Of course that would be something extreme but I would remind everyone that when Nixon was having his showdown with the Supreme Court over tapes, lost the decision and conducted the Saturday Night Massacre the country held it's breath because we didn't know how far Nixon would go and would he make a move on the SC itself? It was not a question we had assurance about from the military and our overriding question was "who would stop him and how"? Especially if he had some loyalists in the military go to the White House to protect him while others spoke for his removal? These scenarios may seem extreme, and they are to a very real extent, but we are dealing with extremists who have clearly demonstrated they view laws etc. as something to ignore or bowl over.

My point here being it is not a sure thing. How likely will he declare some "uprising" or "invasion"? That might be a whole other matter. Other legal scholars feel that only the Congress could do this and although that may be where would you go to make your legal argument once he declares the Courts closed? Where does an impeachment and conviction go for enforcement if there is no mechanism to enforce it? Do you go to the military? What happens in the case where some in the military support him? Do we end up in a shooting scenario between factions?

At the end of the day we as Americans have always felt that we would always have a "next time". It's in our piece of paper and in our beliefs and our faith in our system. But we are now dealing with people who don't care what the piece of paper says, our beliefs and in fact they use destruction of our faith in our system as a way to further solidify their moves.

Recommendations

2 members have recommended this reply (displayed in chronological order):

Oh come on..... Lovie777 Nov 2024 #1
There are between 100,000 and 130,000 ballots to be counted gab13by13 Nov 2024 #5
I just did math with the latest numbers Polybius Nov 2024 #20
NY Times has the difference now down to 0.51% AdamGG Nov 2024 #35
You go to Pennsylvania election website Deminpenn Nov 2024 #41
I was contacted by local election office Butterflylady Nov 2024 #61
Republicans will trample anything that stands in their way. bucolic_frolic Nov 2024 #2
Marc Elias is on this gab13by13 Nov 2024 #7
Mark Elias is not in the senate. jimfields33 Nov 2024 #51
Schumer should have security to keeps them out. Autumn Nov 2024 #3
Dickeylee Dickeylee Nov 2024 #17
That's not the Senate's security. ancianita Nov 2024 #18
I believe the word is "trespassing " Seinan Sensei Nov 2024 #22
Not really. These senators are giving this "guest" senator permission, so they think they've got some official ancianita Nov 2024 #25
That's really fucking stupid. Anyone should be able to call security. Autumn Nov 2024 #49
The Laws Don't Apply To Them SoCalDavidS Nov 2024 #4
Marc Elias is representing Casey gab13by13 Nov 2024 #9
Guess who just became the senior Senator from Pennsylvania... FakeNoose Nov 2024 #6
No he didn't gab13by13 Nov 2024 #10
Its over. Of the 130k outstanding votes only 43k or so are from strong D areas - Philly mainly. The other 87k kelly1mm Nov 2024 #29
But 25K is less than 0.5% AdamGG Nov 2024 #38
But far larger than can be changed by a recount FBaggins Nov 2024 #42
This is why we lose: Why is SCHUMER not escorting Casey back to Washington? jvill Nov 2024 #8
Schumer isn't escorting Casey because the election hasn't been decided yet gab13by13 Nov 2024 #11
Since Casey is a Senator I would think he will be there. FloridaBlues Nov 2024 #14
This is orientation for new Senators, gab13by13 Nov 2024 #26
Schumer is not even escorting AZ's Gallego to the Senate orientation. SunSeeker Nov 2024 #40
Couldn't Shumer request Sergeant at arms remove him? bluestarone Nov 2024 #12
I would think so. gab13by13 Nov 2024 #13
Sen Schumer is my Sen so I e-mailed him about McCormack, and the Sargent at Arms in case he hasn't truely tet won. electric_blue68 Nov 2024 #33
Absolutely. ancianita Nov 2024 #19
Why even bother? AdamGG Nov 2024 #37
Why do we have rules and laws Hope22 Nov 2024 #47
Gosh. "Why bother" ? i guess the only reason i can think of is bluestarone Nov 2024 #48
Except the Rethuglicans are going to be controlling it in 3 weeks AdamGG Nov 2024 #57
Done with you. bluestarone Nov 2024 #60
Delete bluestarone Nov 2024 #59
How we come together as a nation Marthe48 Nov 2024 #15
Waaaaaaaaaaaaa!!! GIVE ME THAT IT'S MINE!!! Initech Nov 2024 #16
Why not just bring both in for orientation but not allow either to vote? OnlinePoker Nov 2024 #21
Brownshirts orangecrush Nov 2024 #23
Just like they escorted their insurrectionists last time. Hmm. Orrex Nov 2024 #24
How is Garland doing with the Loudermilk investigation? gab13by13 Nov 2024 #27
I'm sure we'll see action on that front any day now Orrex Nov 2024 #28
This message was self-deleted by its author Chin music Nov 2024 #45
This message was self-deleted by its author Chin music Nov 2024 #44
The gop is a party of thugs and bullies. C Moon Nov 2024 #30
Fuck you Dave McCormick! Initech Nov 2024 #31
Dems should start saying they are trying to Stop the Steal Hassler Nov 2024 #32
Fuck the GOP. This shit is all they ever do. Karasu Nov 2024 #34
If there's a recount, it will be irrelevant whether McCormick has been escorted around, right? AdamGG Nov 2024 #36
Many people are hanging their hat on the mid-terms moniss Nov 2024 #39
This message was self-deleted by its author Chin music Nov 2024 #46
OH F F S!!!! elleng Nov 2024 #43
Why not invite all four? HereForTheParty Nov 2024 #50
I've been saying that for a few days. jimfields33 Nov 2024 #53
Let all of the votes of the people be counted. Either reschedule the orientation until after all races iluvtennis Nov 2024 #52
This is where the civilians come into play. The Grand Illuminist Nov 2024 #54
Recount would count all races on ballot? kerouac2 Nov 2024 #55
Moot now DetroitLegalBeagle Nov 2024 #56
More lawlessness from the corrupt GOP tonekat Nov 2024 #58
Latest Discussions»Latest Breaking News»Republicans Vow to Defy S...»Reply #39