Anonymous ID: 75e7cf July 26, 2020, 10:22 a.m. No.10083404   🗄️.is 🔗kun

Reading up about martial law and discovered what I thought was an interesting statement by our courts when Martial Law was challenged (Milligan).

 

The Court said, 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."

 

https://usconstitution.net/consttop_mlaw.html

 

So as painful as it to watch all of the destruction by leftist groups across the country, it would appear if they succeed in destroying the federal courthouse in Portland (or anywhere else), perhaps that will be the catalyst to declare Martial Law. Maybe that's a stretch, but what are the courts supposed to do if they have no safe place to operate? What are the procedural operations for a court when say a court is burned down or the building is no longer safe to access and execute it's judicial activities?

 

Additionally, I did not realize until reading up about this, during martial law, the military acts not only as as the police and the courts, but also as the legislature. So does that mean Congress would be impotent to stop it? Some argue that it can be fought out in the courts if Congress doesn't endorse and agree to it. But if the courts are suspended how is it fought out in the courts? With the current Justices we have in the SC, I feel like this could go either way.

 

After reading about it, I feel like this is just all part of the plan and the rioting and destruction has to get a lot worse before Martial Law could be declared. With Hillary gearing up to sneak in Biden's place, if she is arrested 10/31 right before elections, I can see how this would not be another 4 year election. What is the legal precedent if a presidential nominee is arrested just prior to an election? Are elections delayed? Suspended?

 

Anon doesn't know the answers, but finds it interesting to ponder.