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View Poll Results: can he do it?
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Old 06-18-2016, 12:01 PM   #1 (permalink)
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But the President is Commander in Chief of the armed forces, so they would still need government approval. And I don't know if martial law requires approval of Congress, but I have to imagine it would.
Nope.

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Martial law is the imposition of the highest-ranking military officer as the military governor or as the head of the government, thus removing all power from the previous executive, legislative, and judicial branches of government. It is usually imposed temporarily when the government or civilian authorities fail to function effectively (e.g., maintain order and security, or provide essential services).
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Old 06-18-2016, 12:04 PM   #2 (permalink)
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Nope.
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The martial law concept in the United States is closely tied with the right 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.[citation needed] Article 1, Section 9 of the US 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 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.
https://en.wikipedia.org/wiki/Martial_law#United_States
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There is only one bright spot and that is the growing habit of disgruntled men of dynamiting factories and power-stations; I hope that, encouraged now as ‘patriotism’, may remain a habit! But it won’t do any good, if it is not universal.
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Old 06-18-2016, 12:06 PM   #3 (permalink)
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