Can Trump Declare Martial Law? | | Matthew Kyle Webb
The only legal use of martial law recognized by the United States is to restore and maintain peace during civil unrest or invasion. Even then, the use of military power is limited that which is required to keep order.
Words and preconceptions matter. When we do not understand what limits the government is under, we cannot recognize when our government has become illegal and unconstitutional.At this moment, by the laws of the United States, Trump is legally our president. You may hate him, but his government is not unconstitutional. And that makes violent rebellion or insurrection against him illegal and unjustified by the rule of law.
Read and spread this article, and others like it. It is important that citizens understand that even in states of emergency and insurrection, the President has limits on his power. And if Trump flaunts those restrictions, we need to know it and see it as breaking the law of the land. If more people understand what he is allowed and not allowed to do, more people will join with you in standing up to it if he crosses the line into dictatorship. Peacefully, one hopes, but violently if necessary. The Founding Fathers viewed the overthrow of an illegal government as a right and duty of all patriots.
At the same time, make sure to separate in your mind the line between a corrupt, incompetent and unpopular presidency, and a truly illegal one. Trump’s administration may be the former, but it is not the latter yet. But if you think this first week is bad, imagine if the President learned that he could move completely outside the law without being held accountable.
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Of course, Trump is not going to follow ‘normal’ laws, just as he did not agree to follow international laws and treaties, which he has broken or pulled out of. If Trump declares martial law, he has to follow the Constitution and be governed by the same laws and Constitution that everyone has agreed to abide by. If he does not do that, he deserves the consequences of it, but it is up to the people, the courts, the military and politicians to firmly tell him that, or show him that he cannot get away with an unbridled, out of control grab for power, via unconstitutional means or methods.
Executive orders are not the Constitution. Power granted by an executive order can be unconstitutional. Even a Supreme Court cannot put a President in power for life because that too would be unconstitutional.
Either the US is governed and controlled by the Constitution, or it is run by a despotic, tyrannical dictator. It cannot be both. This is a time of choosing.