Attention legal scholars; There is one question that all DU'rs need to know the answer to

[ooglymoogly]

definitively. Some may know this but I know by the posts that many do not and it is crucial to many posts.

Can the president under the constitution declare martial law while under articles of impeachment?

Simple as that.

I am asking legal scholars and constitutional scholars on DU to answer this question once and for all which will clarify a whole lot of things being questioned and posted on DU. It will clarify for many of us whether congress is acting in our interest or to an unspecified agenda unknown to us. Or has legitimate reasons for taking impeachment off the table.

This to me seems urgent and the crux of the matter to many posts and something that all DU'rs know this definitively one way or the other.

Otherwise many of the posts I see are barking in circles.

[robinlynne]

1. Your question is not making sense.

[Sanity Claws]

2. "declare marshal?" Huh?

Did you mean, "declare martial law?"

[ooglymoogly]

4. already corrected...thanx

[no_hypocrisy]

3. A standing president has the ability to all powers granted under the Constitution

during an impeachment b/c the president is merely indicted, not convicted and removed from office.

The answer is yes, a president under impeachment could declare martial law.

[LeftyMom]

5. "martial law" not "marshal"

Impeachment proceedings are a trial. Until completed, legally a president can do anything he could do before they began. Whether he has the political capability to get a thing done is another question, and widespread martial law would be sketchy even under a popular presidency.

At least, I've never seen anything to suggest otherwise. Keep in mind, there's no precedent either way, as this country's only had two impeachment trials and one resignation before the trial went anywhere.

[ooglymoogly]

7. yes excellent points.

The corrections were made as soon as I reread it. The spell checker does that to me when I am not vigilant when two words are actual words but are spelled different though sound the same. I was afraid of that answer most of all. There is no settled law on this thanx

[Yael]

6. There is impeachment and conviction

Yes, the pretzeldent can invoke Martial Law while under congressional impeachment proceedings.

[happyslug]

8. No, unless such act is authorized by Congress

Remember only the CONGRESS can end Habeas corpus (Lincoln did it during the Civil War, but only on the ground He believe Congress would approve it when in session. even he said if Congress did NOT approve suppression of Habeas Corpus the wavier of Habeas Corpus was NOT legal.

At the present time, except for the War powers act, the President has NO power to suppress Habeas Corpus. Without suppression of Haves Corpus, declaring Martial Law is meaningless. It is Habeas Corpus that permits the Courts to rule someone is being improperly held for any reason. If Habeas Corpus is suppressed, marital law is in effect, if habeas Corpus has NOT been suppressed, the courts can order anyone released unless held for a crime.

http://en.wikipedia.org/wiki/Habeas_corpus