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Posted on 4/1/20 at 7:33 pm to DeltaDoc
I think Martial Law should be declared to force people back to work.
So yes, Martial Law...let's open this shite up.
So yes, Martial Law...let's open this shite up.
Posted on 4/1/20 at 7:37 pm to DeltaDoc
quote:
If so, should Trump evoke martial law?
I think there is debate over whether a president can actually suspend Habeas Corpus or if Congress has to do it. Lincoln is the only one who has done it as far as I know. The Supreme Court then told him he couldn't do that and only Congress could, which he then completely ignored.
Also, regardless of whether it is Congress or the president, the Constitution only says it can be suspended during an invasion or rebellion. So I don't know if it would even be possible legally.
edit: here is a paper about it: LINK
This post was edited on 4/1/20 at 7:41 pm
Posted on 4/1/20 at 7:37 pm to DeltaDoc
quote:
My understanding is that these lockdown orders are only constitutional if performed under a martial law declaration. Is that a correct assumption?
If so, should Trump evoke martial law?
Where exactly in the charter i.e. U.S. Constitution does it give the government authority to declare "martial law" or as I would like to say "no law"?
Exactly where do you think government derives its power and authority?
Why do you need to assume anything?
quote:
habeas corpus
Habeas Corpus does not suspend the U.S. Constitution, only suspends the writ during rebellion and invasion. Not sure why people would believe that is martial law though, it doesn't suspend law only stops a specific writ from being issued.
quote:
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.
This post was edited on 4/1/20 at 7:43 pm
Posted on 4/1/20 at 7:38 pm to KiwiHead
quote:FIFY
people are voluntarily complying with a lot of exceptions
Posted on 4/1/20 at 7:44 pm to GeauxFightingTigers1
quote:
Not sure why people would believe that is martial law though.
With Habeas Corpus suspended, you can detain people without any judicial oversight. That sounds like martial law to me. You can be rounded up and detained if the President wants you detained, regardless of the reason. Lincoln used it to arrest people who were hurting the war effort, despite never breaking any law, for instance.
This post was edited on 4/1/20 at 7:45 pm
Posted on 4/1/20 at 7:46 pm to frogglet
quote:
With Habeas Corpus suspended, you can detain people without any judicial oversight. That sounds like martial law to me. You can be rounded up and detained if the President wants you detained, regardless of the reason.
I could see that to a degree, but once its lifted any wrongs would still have to be remedied, in theory.
Of course, if there is no law, I'm in charge. Why not put the President in jail? Also, I would think the courts could review the "rebellion" or "invasion" as to whether it pass muster.
If that comes to be in this instance, every man/woman/child for themselves... imo.
This post was edited on 4/1/20 at 7:48 pm
Posted on 4/1/20 at 8:16 pm to DeltaDoc
quote:
Everyone is down voting, but I think missing the point. I don’t think martial law should be declared but don’t think stay at home orders, or shelter at home, are constitutional outside of that declaration
Then maybe you should rephrase your initial question.
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