What would have to happen for Bush to declare Marshall Law?

Question

Do you think that "something" will happen that would make him do so?

Answer 1

G'day I Love Siervocal,

Thank you for your question.

Martial law has different meanings around the world and is normally declared only in emergencies. Another name is a state of emergency. The martial law concept in the U.S. is closely tied with the Writ 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 U.S. 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 Ex parte Milligan 71 US 2 1866, the Supreme Court of the United States held that martial law could not be instituted within the United States when its civilian courts are in operation. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.

The National Guard is an exception, since unless federalized, they are under the control of state governors. This has now changed. Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122), was signed by President Bush on October 17, 2006, and allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities. Title V, Subtitle B, Part II, Section 525(a) of the JWDAA of 2007 reads "The [military] Secretary [of the Army, Navy or Air Force] concerned may order a member of a reserve component under the Secretary's jurisdiction to active duty...The training or duty ordered to be performed...may include...support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense."

After Hurricane Katrina, martial law was not declared in New Orleans but a state of emergency was declared by Mayor Ray Nagin. Similar states of emergency were declared in other states. It would take an emergency or war where there was a major threat to public order for President Bush or any President to make such a declaration. For example, there was no declaration after the terrorist attacks of September 2001.

Martial law has only been declared on 30 occasions in US history and mostly by local authorities. The only President who could have been considered to have done something similar was President Lincoln during the Civil War when he suspended habeas corpus.

I have attached sources for your reference.

Regards

Answer 2

Bush can absolutely declare a state of emergency, and in turn marital law, and the 08' election would be postponed .. but doubt that he will.. martial law means a body of law imposed by the military over civil law..\ independent voting RP

Answer 3

Watch the movie Seige, with Denzel Washington, Tony Shaloub, and Annette Benning? There you will get a glimpse of what happens, or go to www.history.com and look up Kent State College/ Ohio, 4 students mercilessly killed in a peaceful protest? Or the Democratic Convention in Chicago with the goon squad of police that caused a riot by beating innocent people. This can all viewed on www.history.com Or look up the Nazi clips in Warsaw, Poland? Nothing good comes from a mass seige takeover. And we the people are not immune but neither are they?

Answer 4

There would have to be something so exigent that it would suspend civil law.
Martial law is the suspension of Habeas Corpus. The military literally takes over administration of justice until the local government can regain the means necessary to do so.

The closest we have come in the last 50 years was in the aftermath of Katrina.

Answer 5

There is no emergency in the US for the President to declare Martial Law as provided for in the constitution.

Answer 6

He and his yippidy do dah, TX whoopdeedoo 'troops' don't need anything to 'happen' - for him to violate any rule our democratic population has put in place, and has reverence/respect for. . . He's from the great state of Texas, after all - a place that thrives on legal murder (executions), and seems to require this activity on a fairly regular basis, to appease their gods. . .
The 'conditions' for this power broker (maniac) and his henchmen to order this reality are being constructed, as we speak . . . soon after the attack on Iran is happening, all the 'reasons' necessary to install martial law in our homeland, will become evident . . . and history will repeat itself, over and over.

Answer 7

I don't think Bush is going to stablest a "rallying Law".

Martial Law will not be imposed. it CANNOT be imposed. The States can refuse and the Second amendment is what keeps us from becoming prisoners in our own country.

Your question really bears no Merritt.

Answer 8

I believe you mean martial law.

Answer 9

we would have to impeach him and take over the gov't.lol not likely but i just dont like bush

Answer 10

Multiple widespread terrorist attacks on American soil.