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larry
Lv 5
larry asked in Politics & GovernmentMilitary · 8 years ago

What will the military do?

Obama has given himself, without congressional approval, the ability to declare marshal law. Will the military follow "Unconstitutional" directives? Or will they "Stand By Their Oath To "Protect and Defend The Constitution Against "ALL" Enemies "Foreign and Domestic??

4 Answers

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  • ?
    Lv 6
    8 years ago
    Favorite Answer

    If he declared Martial Law he would be following the Constitution. Martial law on the national level may be declared by Congress or the president. Under Article I, Section 8, Clause 15, of the Constitution, Congress has the power "[t]o provide for calling forth the Militia to execute the Laws of the Union, suppress insurrections and repel Invasions." Article II, Section 2, Clause 1, of the Constitution declares that "[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." Neither constitutional provision includes a direct reference to martial law. However, the Supreme Court has interpreted both to allow the declaration of martial law by the president or Congress.

  • 8 years ago

    Personally I believe he has the authority to do so, and I am sure the Military Lawyers will be carefully seeing what there stance was legally.

    If it is a civil disorder, it would be a Police matter and I know they have the legal authority to call in the military

    Regardless of what we believe the law 'is', it will be a legal nightmare, that's for sure.

    Chetak

  • ?
    Lv 7
    8 years ago

    Tell you that there is no such thing as Marshal Law anywhere in our Constitution for starters..... I reckon you missed that day of Troll School.... ( you may have better luck asking about Martial Law...)

  • 8 years ago

    let me know when an unconstitutional directive is given to the military by the president, then you'll have grounds to complain

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