FOLLOW US

Opinion December 12, 2020 6 mins read

Could Trump Call Martial Law To Stay On As President

Opinion ı By Carmine Sabia

0 Comments

Martial Law

Note: Neither the writer of this story nor The USA Herald takes a position on the use of martial law. We neither endorse nor condemn it. This piece is simply an examination of the law.

As the Supreme Court has decided to take a backseat to the latest election challenge, and with time running out, many supporters of President Donald Trump have called for martial law.

Most notable among them was former national security advisor Michael Flynn who retweeted a full-page ad that ran in The Washington Times that said it was necessary to avoid a real Civil War.

"We wanted to express our concerns to the President, to the legislators, courts, and Congress that We the People will NOT cede our exclusive Constitutional right to elect our Representatives to judges, lawyers, courts, Governors, Secretary’s of State, Congress, corrupt election officials and local politicians, the corrupt media - or Leftist threats of violence! It is OUR EXCLUSIVE RIGHT to elect our President and that sacred right has been infringed by the massive, planned, illegal election fraud conducted by corrupt Democrat/Socialist Party operatives across our nation to steal our vote. We will NOT stand for it,” Tom Zawistowski, President of the TEA Party affiliated We the People Convention said.

But what is martial law and can the president declare it to stay in power??

To put it simply, martial law is the suspension of the constitution and a take over by the military of policing, courts, and many aspects of daily life are run by the armed forces.

It notably happened in Hawaii in 1942 after the attack on Pearl Harbor where even trash pickup was handled by the military.

The thing that can be frightening about it is that there are no constraints on martial law by the Constitution, which does not really touch on it much.

Martial Law can be called when a civilian rule fails, something that could have, and many people believe should have, happened during the months-long nationwide race riots.

In fact, there is no precise definition of martial law, which is described by JRANK as a time when “certain civil liberties may be suspended, such as the right to be free from unreasonable searches and seizures, freedom of association, and freedom of movement. And the writ of habeas corpus [the right to a trial before imprisonment] may be suspended.”

It has been declared 68 times either locally or federally in the United States but the law is murky on the reasons needed for the president to declare it and what it would mean if he did.

Some believe that there are no time limits to it and no real definition of the reason or reasons for which it can be called.

That leads to the conspiracy theory and nightmare scenario where if the president were to call for it and the military was to go along with it, not a given, it would be seen by some as tantamount to a military coup.

Those conspiracy theorists believe that, if taken to the extreme, it could relegate the United States into a dictatorship where the president never cedes control and even passes the presidency to one of his children.

This is nonsense as there are some limits on it. The Brennan Center for Justice, however, “their actions under the declaration must abide by the U.S. Constitution and are subject to review in federal court.”

“Notorious examples include Franklin D. Roosevelt’s internment of U.S. citizens and residents of Japanese descent during World War II and George W. Bush’s programs of warrantless wiretapping and torture after the 9/11 terrorist attacks,” the Atlantic said. “Abraham Lincoln conceded that his unilateral suspension of habeas corpus during the Civil War was constitutionally questionable, but defended it as necessary to preserve the Union.”

The Posse Comitatus Act passed on June 18, 1878, prevents the military from engaging in civil law enforcement, but the exception came with The Insurrection Act.

“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect,” it says.

Here is how the president could declare it. You may have noticed in the news recently that protests for and against President Trump have turned into fights bordering on riots.

A 2006 Congressional Research Service report the president “must first issue a proclamation ordering the insurgents to disperse within a limited time, 10 U.S.C. § 334.4. If the situation does not resolve itself, the President may issue an executive order to send in troops.”

But that is not martial law. The thing about martial law is there are no guidelines to when the president or military can declare it, they just can.

“One of the problems, of course, is that there’s nothing to prevent the president or a military commander from declaring martial law,” Bill Banks, a Syracuse professor with an expertise in constitutional and national security law, told Military Times. “They can just do it. It’s not sanctioned by law.”

Banks believes that martial law would not be tolerated by top military officials in peacetime when civil institutions are working, but looking at the fact that President Trump has appointed Corey Lewandowski and David Bossie to top positions in the Pentagon begs the question of why?

Bossie has supported the idea of martial law and if the president has people running the Pentagon supporting it, who knows where that could lead.

----------------------------------------

Have a story you want USA Herald to cover? Submit a tip here and if we think it's newsworthy, we'll follow up on it.

Want to contribute a story? We also accept article submissions – check out our writer's guidelines here.

Previous Article

Crypto firm Blockvest slapped with $700K penalty over its unregistered ICO

Read More
123 Posts

Carmine Sabia

Carmine Sabia Jr started his own professional wrestling business at age 18 and went on to become a real estate investor. Currently he is a pundit who covers political news and current events.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 10, 2026
CBCA Minimum Wage $3.3M Suit Win Hands Contractor a Costly Vindication
By – Rihem Akkouche
America September 10, 2026
Latham Buys Nvidia Servers to Power Its Own In-House AI Engine
By – Rihem Akkouche
America September 10, 2026
Walmart Great Value Berry Recall Widens…

A single contaminated shipment can spread outward the way a…

By – Tyler Brooks
America September 10, 2026
Frazier $1.1B Public Fund Signals Fresh…

When investors line up not just to meet a funding…

By – Tyler Brooks
America September 10, 2026
Enbridge-Tallgrass Crude Oil Deal Locks In…

In the world of energy infrastructure, growth often looks less…

By – Tyler Brooks
America September 10, 2026
Brian Duckworth Death Silences a Voice…

Some voices carry further than the rooms they’re born in.…

By – Tyler Brooks
Science & Technology September 10, 2026
Clearview AI Tests Police Surveillance Tool…

WASHINGTON — Clearview AI is testing an assistant designed to…

By – Michallie Harrison
America September 10, 2026
Wrongful Death Lawsuit Against Energy Drink…

Key takeaways The latest reported order paused the family’s lawsuit…

By – Samuel Lopez
America September 10, 2026
Wrongful Death Lawsuit Against Energy Drink…

Key takeaways The latest reported order paused the family’s lawsuit…

By – Samuel Lopez
America September 10, 2026
Missing Scientists and Defense Personnel Continue…

Key takeaways Four people central to earlier coverage remain publicly…

By – Samuel Lopez
America September 10, 2026
Jack Doherty Pleads Not Guilty to…

Background Jack Doherty pleaded not guilty after his September 4…

By – Samuel Lopez
America September 10, 2026
OpenAI Cybersecurity Under Scrutiny After AI…

OpenAI cybersecurity concerns are growing after researchers reported that a…

By – Jackie Allen
America September 9, 2026
A.I. Ethicist Tristan Harris Is Warning…

By Samuel López | USA Herald Artificial intelligence ethicist Tristan…

By – Samuel Lopez
America September 9, 2026
To Catch a Predator: Robert Pattinson…

The phrase Catch a Predator became synonymous with one of…

By – Jackie Allen
America September 9, 2026
To Catch a Predator: Robert Pattinson…

The phrase Catch a Predator became synonymous with one of…

By – Jackie Allen
America September 8, 2026
Trump-a-Palooza: Republicans Put Trump at Center…

DALLAS — Trump-a-Palooza is bringing Republicans from across the country…

By – Jackie Allen
America September 8, 2026
Iranian Twins Face Death Sentence and…

Iranian twins Taraneh and Romina Rahimi, 20, are facing drastically…

By – Jackie Allen
America September 8, 2026
AI Amnesia: Bigger Diffusion Models May…

AI Amnesia may be an emerging problem for researchers, artists…

By – Jackie Allen
America September 8, 2026
Bats Invade Homes in New York…

New York is experiencing a surge in bat encounters this…

By – Jackie Allen
America September 6, 2026
Pokémon Card Values Soar as Investors…

Three Things Collectors Should Know A record $16.492 million Pokémon…

By – Samuel Lopez
America September 9, 2026
IRT-Centerspace Merger Forges an $8.1 Billion…

Picture two neighboring rivers finally merging into a single, wider…

By – Rihem Akkouche
America September 9, 2026
Amazon Cargo Plane Crash Data Suggests…

Key Takeaways The flight data suggests that the pilots briefly…

By – Samuel Lopez
America September 9, 2026
Ambient AI Could Be the Next…

Key Takeaways Ambient AI can turn conversations into draft records,…

By – Samuel Lopez
America September 8, 2026
Apogem 11th PE Fund Closes at…

Private markets firm Apogem Capital announced Tuesday it has sealed…

By – Tyler Brooks
America September 8, 2026
Ocarina of Time Remake Set for…

Nintendo today unveiled a remake of The Legend of Zelda:…

By – Tyler Brooks
America September 8, 2026
EverBank $3.9B WaFd Deal Forges Coast-to-Coast…

In a bold consolidation that could redraw the map of…

By – Tyler Brooks
America September 5, 2026
Georgian National Indicted in Money Laundering…

By Samuel López | USA Herald A federal grand jury…

By – Samuel Lopez
America September 1, 2026
DOJ Drops Hammer On Kansas School…

By Samuel López | USA Herald The U.S. Department of…

By – Samuel Lopez
America August 28, 2026
CVS Ordered to Answer for AI-Fueled…

Case at a Glance A Manhattan federal judge has ruled…

By – Samuel Lopez
Breaking News August 27, 2026
Sacred Horse Year Pilgrimage Turns Catastrophic…

A Disaster Unfolding in Real Time, Legal and Diplomatic Fallout…

By – Samuel Lopez
America August 27, 2026
When Your Chatbot Becomes the Star…

Legal Analysis: How AI Conversations Are Reshaping the Rules of…

By – Samuel Lopez
America August 25, 2026
Forensic Identification Breakthrough Helps Identify 9/11…

Nearly 25 years after the September 11, 2001, terrorist attacks,…

By – Jackie Allen
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter