Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

ancianita

(41,085 posts)
27. Seriously, how does this unsourced "probabilistic forecast" help us? Even the footnotes have no sources.
Wed Apr 2, 2025, 04:21 PM
Apr 2025
For one thing, Medium's already wrong about conflating The Insurrection Act and martial law.

There have already been 30 invocations of the Insurrection Act.

Here's more info from the Brennan Center for Justice:

https://www.brennancenter.org/our-work/research-reports/insurrection-act-explained

Is invoking the Insurrection Act the same as declaring martial law?

The Insurrection Act does not authorize martial law. The term “martial law” has no established definition, but it is generally understood as a power that allows the military to take over the role of civilian government in an emergency. By contrast, the Insurrection Act generally permits the military to assist civilian authorities (whether state or federal), not take their place. Under current law, the president has no authority to declare martial law.


https://www.brennancenter.org/our-work/research-reports/martial-law-explaineds :

Congress has placed clear and wide-ranging restrictions on the president’s ability to use the military domestically. A presidential declaration of martial law would violate these rules. The Constitution does not grant the president “conclusive and preclusive” power over the issue of domestic military deployment. On the contrary, it gives most of the relevant authority to Congress. Therefore, under Youngstown, the president would not have the constitutional authority to override the restrictions Congress has put in place, and a unilateral declaration of martial law would not survive a legal challenge.

Does the Constitution apply under martial law?

Yes. The federal government is bound at all times by the Constitution. Even under martial law, the government cannot suspend or violate constitutional rights. Additionally, martial law declarations are subject to judicial review. For example, if the federal government places a state or territory under martial law, individuals detained by the military can ask a federal court to order their release by petitioning for the writ of habeas corpus. Subsequently, if a court considers the petition, it can decide whether the declaration of martial law was constitutional in the first place.

Can states declare martial law?

The Supreme Court has held that individual states have the power to declare martial law — and such a declaration is valid simply if it is authorized by the constitution or laws of the state. States have declared martial law far more frequently than the federal government. However, even under martial law, state officials are bound both by the U.S. Constitution and by valid federal laws. Additionally, individuals can challenge a state declaration of martial law by seeking injunctive relief in federal court — and if they are detained, they can petition for the writ of habeas corpus.


Recently from reddit
Preparations that states can make (It's likely that the DGA has already made coordinated arrangements):
State governors need to form a compact to prevent military enforcement within their borders.
State legislators, governors, and AGs still loyal to the Constitution should work right now to
a) build the legal framework and communication networks necessary to create a viable compact of States to blunt impacts of the Insurrection Act,
b) prepare to prosecute multiple legal fights,
c) inform and advise citizens (of legal, transportation, supply depot help) in advance and repeatedly.

Furthermore, if Medium thinks the felon can scale up what Hitler did, they lack perspective

Recommendations

1 members have recommended this reply (displayed in chronological order):

I hope you are as dead wrong as the 2000 predictors were 25 years ago. Srkdqltr Apr 2025 #1
These aren't my predictions. But I agree with the sentiment. ❤️ littlemissmartypants Apr 2025 #4
Well whoever than, good information Srkdqltr Apr 2025 #7
The 2000 predictors were not dead wrong. Susan Calvin Apr 2025 #15
year 2000 was a real issue Skittles Apr 2025 #39
It's not a coincidence The Wizard Apr 2025 #2
It is also, conveniently, DENVERPOPS Apr 2025 #18
And if that happens then Musk's "bullet points" will likely need to be used. Callie1979 Apr 2025 #3
I'm not familiar with his bullet points LymphocyteLover Apr 2025 #12
Remember the justification of your Fed job? Callie1979 Apr 2025 #36
Expect the internet to be shut down or severely curtailed. erronis Apr 2025 #5
I thought about some of these things, too. ... littlemissmartypants Apr 2025 #9
I'm not sure I'll survive (well) without my internet communities... erronis Apr 2025 #11
❤️ littlemissmartypants Apr 2025 #14
Just because you are paranoid DENVERPOPS Apr 2025 #19
I use that one often, lately. n/t yellow dahlia Apr 2025 #32
More and More DENVERPOPS Apr 2025 #41
Yikes. And let's hope you're wrong. yellow dahlia Apr 2025 #31
Some very good people are worried too. Passages Apr 2025 #6
Do you recall when DENVERPOPS Apr 2025 #21
President Psychopath... littlemissmartypants Apr 2025 #24
Trump and his RepubliCONs DENVERPOPS Apr 2025 #25
Haven't troops already... littlemissmartypants Apr 2025 #23
Yes. This group is working to have more clarity from lawmakers so they can stop him in court. Passages Apr 2025 #34
On Hitler's Birthday, no less. Midnight Writer Apr 2025 #8
Exactly. littlemissmartypants Apr 2025 #10
even if he does, I don't see how they can effectively institute martial law in this huge and diverse country LymphocyteLover Apr 2025 #13
Well, he's done a lot of things people said he couldn't do already. Susan Calvin Apr 2025 #16
Citizens around the county are getting more angry each day with what they are seeing. This is literally his trump card. jalan48 Apr 2025 #17
let's hope for a full et tu Apr 2025 #20
Well, a lot of us ARE armed. And some are well trained. Callie1979 Apr 2025 #37
Could he be impeached and removed on April 22nd? Escape Apr 2025 #22
Here's some additional information on that... littlemissmartypants Apr 2025 #33
Thank you, Pants... Escape Apr 2025 #35
Urging trump not to do something means he'll do exactly that Bayard Apr 2025 #26
Seriously, how does this unsourced "probabilistic forecast" help us? Even the footnotes have no sources. ancianita Apr 2025 #27
I understand... littlemissmartypants Apr 2025 #29
I think I read it through right down to the footnotes, because I was looking for source links. ancianita Apr 2025 #38
Thanks for sharing, pants. yellow dahlia Apr 2025 #28
My pleasure. littlemissmartypants Apr 2025 #30
Dictators will do ANYTHING to sieze power and hold onto it Martin Eden Apr 2025 #40
Latest Discussions»Editorials & Other Articles»Part 1: On April 20th, 20...»Reply #27