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Politics : A Hard Look At Donald Trump

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Glenn Petersen
scion
To: Brumar89 who wrote (22865)12/21/2020 8:39:39 AM
From: Brumar892 Recommendations  Read Replies (1) of 46401
 
Cheryl Williams

Former Chief Warrant Officer at U.S. Army

I have no doubt Trump will attempt to declare martial law. How is that most likely to play out?

The military is obligated to stand down because Trump has no legal authority to declare martial law. It isn’t something that a President can do unilaterally anymore. It requires the consent of Congress. Everyone keeps citing the Insurrection Act, but another law was passed to further restrict the President’s ability to use the military against civilians. The Posse Comitatus Act overrides the Insurrection Act. The newer law always supersedes the older one that it modifies. Under the Posse Comitatus Act the military may not be used as law enforcement without a request from a state government or an act of Congress. Congress has only allowed this once, in 1923 in response to the “bonus Army”.

The military swears an oath to the Constitution, not to the President. They obey the Commander in Chief 3rd in that oath. They’re only allowed to obey legal orders. An order given when one doesn’t have the authority to give it, isn’t a legal order. Declaring martial law in order to stay in office or to force the swing states to devote in his favor would violate the Constitution. The military would have a duty to actively disobey that order. The 3rd Amendment forbids the military being quartered on one’s property, involuntarily during peace time. So exactly how does Trump plan on not running afoul of that one too?

In that oath I swore to protect and defend the Constitution against all enemies foreign and domestic. A Commander in Chief dead set on violating the rights of the people by using the military to force people to revote the way he wants them to is a domestic enemy. The Constitution always matters more than any one President, especially a fascist fuckwad!
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