Can President Obama declare martial law is Trump wins.

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   norlawrenceposted 8 years ago

   Can President Obama declare martial law is Trump wins.
   
   There is a lot of talk where I live that if Trump is elected President or if it looks like he might be President Obama will declare martial law to stop it.  Can he do this?

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   LoliHeyposted 8 years ago

   I wonder this myself.  If Trump wins, you can bet there will be mass rioting in various cities.  If this is the case, I think Obama could declare martial law.  He is still the president until January 17.  And if he does declare ML, he will be in power for about three more years, I think.  He and his people may even incite the riots or pay people to riot in order to cause enough mayhem to the point where ML will seem to many like the only option.

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      norlawrenceposted 8 years agoin reply to this

      I have the same thoughts.  Thanks for your comment. Sorry about my mistake in question.

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      LoliHeyposted 8 years agoin reply to this

      He and his people could possibly even rig the election so Trump wins, so all this destruction will come, and he can declare ML.  I think he hates Hilary.  I wouldn't put it past him.

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      tamarawilhiteposted 8 years agoin reply to this

      The rioting will be by leftists who were told by the media Trump is Hitler, while ignoring their fascism in seeing a right to physically attack those they disagree with. Hey, conservatives didn't riot when Obama won either time!

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   Johnny James Aposted 8 years ago

   The United States' concept of Marshall law is not as wide a scope as that of other countries and therefore is harder to implement.  First, there would have to be an actual threat of invasion or actual invasion; or such a case of Domestic Rebellion that handing over the government would be troublesome. Second, martial law is only allowed to be used temporarily until the issue above is handled.  Even then the Posse Comitatus Act and later amendment prevents the Army and Air Force from being used by the President without Congressional approval to squash a rebellion. Without Congressional approval to use two branches of the military to squash a rebellion, the President's whole purpose of declaring Martial Law on a domestic rebellion would prove useless. While there have not been too many cases of Martial Law being used (Lincoln using it during the Civil War), the courts have said as soon as the issue which arise to bring forth the Martial Law need is over, so is the need for Martial Law.  So, "could" Obama try and declare it?  Well any president "could" in theory "try" and declare it, however, it Congress and the Supreme Ct would most likely be able to stop the claim immediately by proving the situation does not meet the requisite facts to declare it. So long story, short of an outright large domestic rebellion which wages like a war, Obama will not declare martial law, let alone get away with it if he did.

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      norlawrenceposted 8 years agoin reply to this

      Thank you so much for all your great information.  I did not know all of that and that is why I asked to question.  Thanks again.

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      Johnny James Aposted 8 years agoin reply to this

      You're welcome  It is a great question as what a prez could do under martial law stems from case law because even the best politicians of their day did not fully understand it.  Several martial law cases occurred during civil war to determine issues

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   bradmasterOCcalposted 8 years ago

   I am glad that I don't live where you do, is it in America?

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      LoliHeyposted 8 years agoin reply to this

      If you look at her bio, it says Cali, which is where you say you are from.

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      norlawrenceposted 8 years agoin reply to this

      It sure is.

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   tamarawilhiteposted 8 years ago

   Unlikely, but even if he did it, it wouldn't be allowed.

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      norlawrenceposted 8 years agoin reply to this

      Thanks for your answer.

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   Aaron Seitlerposted 8 years ago

   It's a pipe dream I reckon.
   
   
   It's a nice idea but impractical and undemocratic.

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   1. 69

      norlawrenceposted 8 years agoin reply to this

      Thanks for your answer

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