'Martial law' is a convoluted topic...

[Septua]

1) The U.S. Constitution "makes no specific provision for the imposition of martial law..."

2)There is no established definition for martial law.

3) The Supreme Court has never clearly stated whether the federal government has the power to declare martial law.

4) There are no existing federal statutes that authorize the president to declare martial law.

5) When Congress has addressed an issue by passing a statute, the president cannot act against Congress’s will.

6) [Congress] has enacted a wide variety of laws that regulate when and where the military may be used domestically.

7) [the] Posse Comitatus Act makes it illegal for federal military forces to participate in civilian law enforcement activities...unless Congress has provided express authorization.

8) The Insurrection Act, and potentially Title 32 as well, allow the president to deploy the military to assist civilian authorities with law enforcement activities virtually whenever and wherever the president chooses.

9) Even under [federally imposed] martial law, the government cannot suspend or violate constitutional rights.

10) [M]artial law declarations are subject to judicial review...

11) ..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...

So...the way I'm interpreting all that, Trump could wake up one morning with a wild hair and impose martial law on PA or MI or whichever state he has on his mind. But it wouldn't be legal unless Congress approved it and the state could get a federal court to rescind the declaration.

The link to all this...


https://www.brennancenter.org/our-work/research-reports/martial-law-explained#:~:text=Does%20the%20Constitution%20apply%20under,suspend%20or%20violate%20constitutional%20rights.

[Frasier Balzov]

1. Would the military obey such an order?

That would seem to be the real question which matters during the few days still remaining in Trump's term.

[Septua]

2. I have no idea...

I was reading something else, that suggests his 'scheme' is for the Proud Boys or somebody, to create the 'civil unrest' situation which would open up the Insurrection Act for him to invoke. Presidents have little restraints on them relative to that.

But the act was written (I assume) to allow the federal government to help suppress the civil unrest...not nullify an election result and initiate a new one.