What is stopping him from just declaring it anyways?
While we are at it: What additional power would that give his goons? They can already enforce curfews, ban assembly, demand documentation, ignore the fourth amendment, and just straight up murder anyone they want. What does martial law give them beyond that?
The Supreme Court did, eventually, tell him he can’t just send the military in to brutalize people whenever he wants. But they also signaled that if there was an actual insurrection they would allow it. So I think there is something to this logic.
But it still leaves the question of how to stop fascism more generally open. I am thinking an organized, mass economic disruption is the only realistic option but that will be very difficult for people who are just getting buy. Certainly we should all cut our spending to a bare minimum. If we can pool our resources to provide strike funds that would also help but it might be tough to get that much buy in.
Their response to having access to the military cut off was to simply militarize ICE into a paramilitary group with powers that are more broad than even the military would get for such enforcement. With the advantage that ICE can be staffed entirely with fascist friendly true believers while the military is mostly staffed with just regular humans.
If they deployed the military as police enforcers it would instantly become the most ethnically diverse and lowest paid police organization in the country. They have to have considered that.
He does like to declare things and lies through his teeth. You bring up a good point. Fear only works if you let it. Don’t buy the ticket, just take the ride. This is not going to end bloodlessly.
Its not automatic with martial law, but has been granted along with martial law imposition at times in US history: suspension of the writ of habeas corpus
“The right to challenge one’s detention before a judge, known as the writ of habeas corpus, is a principle of the legal system that serves as a safeguard against unlawful imprisonment. It requires the government to provide a valid reason for holding a person in custody, preventing arbitrary detention.”
In other words, today you can be locked up, but the Constitution requires you have rights to go before a judge and challenge your incarceration, and the judge can choose to set you free.
With the suspension you can still get locked up, but now they can just let you rot without any legal recourse to get you out.
What is stopping him from just declaring it anyways?
While we are at it: What additional power would that give his goons? They can already enforce curfews, ban assembly, demand documentation, ignore the fourth amendment, and just straight up murder anyone they want. What does martial law give them beyond that?
The Supreme Court did, eventually, tell him he can’t just send the military in to brutalize people whenever he wants. But they also signaled that if there was an actual insurrection they would allow it. So I think there is something to this logic.
But it still leaves the question of how to stop fascism more generally open. I am thinking an organized, mass economic disruption is the only realistic option but that will be very difficult for people who are just getting buy. Certainly we should all cut our spending to a bare minimum. If we can pool our resources to provide strike funds that would also help but it might be tough to get that much buy in.
Their response to having access to the military cut off was to simply militarize ICE into a paramilitary group with powers that are more broad than even the military would get for such enforcement. With the advantage that ICE can be staffed entirely with fascist friendly true believers while the military is mostly staffed with just regular humans.
If they deployed the military as police enforcers it would instantly become the most ethnically diverse and lowest paid police organization in the country. They have to have considered that.
Yeah. Were already fucked and the way i see it, theres no more possible peaceful solutions.
He does like to declare things and lies through his teeth. You bring up a good point. Fear only works if you let it. Don’t buy the ticket, just take the ride. This is not going to end bloodlessly.
Its not automatic with martial law, but has been granted along with martial law imposition at times in US history: suspension of the writ of habeas corpus
“The right to challenge one’s detention before a judge, known as the writ of habeas corpus, is a principle of the legal system that serves as a safeguard against unlawful imprisonment. It requires the government to provide a valid reason for holding a person in custody, preventing arbitrary detention.”
source
In other words, today you can be locked up, but the Constitution requires you have rights to go before a judge and challenge your incarceration, and the judge can choose to set you free.
With the suspension you can still get locked up, but now they can just let you rot without any legal recourse to get you out.
Shame we already lost that one. Few, if any, of the people getting picked up by ICE are ending up in front of a judge, including the US citizens.