Could Mr. Obama suspend presidential elections if he declared Martial Law?
- Anonymous8 years agoFavorite Answer
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis. This has happened here in the US during the southern reconstruction following the U.S. Civil War.
The martial law concept in the United States is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law. Article 1, Section 9 of the US Constitution states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.
At least two American lawmakers have stated on the record that, in their opinion, Section 1031 of the National Defense Authorization Act for Fiscal Year 2012 legalizes or authorizes martial law in the United States. Senator Mark Udall stated "These provisions raise serious questions as to who we are as a society and what our Constitution seeks to protect...Section 1031 essentially repeals the Posse Comitatus Act of 1878 by authorizing the U.S. military to perform law enforcement functions on American soil."
Throughout United States history are several examples of the imposition of martial law, aside from that during the Civil War.
There have been many instances of the use of the military within the borders of the United States, such as during the Whiskey Rebellion and in the South during the civil rights crises, but these acts are not tantamount to a declaration of martial law. The distinction must be made as clear as that between martial law and military justice: deployment of troops does not necessarily mean that the civil courts cannot function, and that is one of the keys, as the Supreme Court noted, to martial law.
The American Revolution
New Orleans, Louisiana in the War of 1812
Ex parte Milligan
The Great Chicago Fire 1871
Coeur d'Alene, Idaho, 1892
San Francisco earthquake of 1906
Colorado Coalfield War 1914
West Virginia Coal Wars 1920
San Francisco, California, 1934
The Territory of Hawaii 1939-1945
Freedom Riders 1961
Hurricane Katrina 2005
If Obama declared martial law across the country, he would need support from Congress to do so. Now, if he had support from the generals/admirals of the military (he would have to fire the rest that don't support him which is the majority) he could, in essence, become a dictator then and take the country by force and push whatever agenda he wanted.
- 7 years ago
I consider it highly likely that Congress would acquiesce to Obama's demands regarding Martial law for the following reasons:
1. We have a very serious entitlement problem. Programs must be curtailed because we do not have the requisite $126 TRILLION to fund them in their current form (google usdebclock for data).
2. Anybody with a modicum of economic principles knows that the Fed's liquidity will come to an end and it likely will not be pretty because any drawback will cause serious drops in the stock market. Ergo, QE will come to a lurching stop when there is not enough revenue to support it. This will be the death knell for foreign investment which is still a significant line of credit for the US to continue to go deeper into debt.
3. We will lose fiat currency which will, among many other catastrophic events, cause gas to double and triple overnight.
4. We will be slammed into inflation like we have never experienced before.
5. All these events will be the impetus for riots and utter chaos leading to Martial Law.
- risonLv 44 years ago
That's against the constitution.... And if that did happen, i know Texas and good historic Rick Perry would go away the union. Might be different states too because they'd all have tremendous GOP majorities within the legislature at that factor , some GOV's would go from DEM to GOP after which in JAN tons of states would depart the union. For the reason that people could be mad at obama even more and no longer like the DEM since of the very fact he did that
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- ornery and meanLv 78 years ago
He would need the support of the military to do that, and I doubt he (or any president making such a power grab) would have the support of the Armed Forces.
The military is made up of citizens ... with friends, neighbors and relatives in the civilian world. I trust the men and women of the Armed Forces to support the Constitution above all.
Could he (or any President) declare and implement martial law without the support of the military? I don't think so!
- 6 years ago
While Obama would definitely need the heads of all military branches to support him in declaring martial law, I think he would get it. Look at all the top brass that has been forced to retire, or just plain killed!! He's made sure to put the players in place that are on his side! I wouldn't underestimate this president!!
- 6 years ago
I wouldn't trust Obama not to try to enforce Martial law on the American people. Doubtful if he would get away with it;but he did sweet talk his way to the Presidency twice. I thank God I didn't fall for his Marxist rhetoric.
- 8 years ago
I think he may only delay due to national emergency. How ever, there seems to be no time limit. Funny, the Liberals had the exact same fear regarding GWB. Even claimed he was emptying NORAD. To take it over as the new seat of government operations.
- 4 years ago
God I pray he can not. If so our country would rebel and become destroyed and this pos potus would attempt to take our weapons and invite even more radical muslems in, in atempt to take over and flat out be a dictator