Marc Elias drops bad news on Trump over viral third term dictator threat

[ancianita]

Forget the Insurrection Act, think martial law.

Insurrection Act
Assists, not replaces, civilian authorities:
The Insurrection Act is a federal statute that provides a legal exception to the Posse Comitatus Act, allowing the President to deploy U.S. military forces domestically to assist state or federal civilian law enforcement in specific scenarios, such as suppressing an insurrection, rebellion, or domestic violence.

Civilian law remains in effect:
Under the Insurrection Act, civilian government and the court system continue to function, and the military personnel operate in support of these existing civilian authorities, not in their stead.
Constitutional rights remain:
U.S. constitutional protections for civilians are not suspended when the Insurrection Act is invoked.

Martial Law
Replaces civilian authorities: Martial law is a more extraordinary measure, generally understood as the temporary replacement of civilian government authority with military rule during an extreme emergency, such as an invasion or a complete breakdown of civilian law and order.

Military assumes governance:
The military takes direct control of governing the area, and civilians may be subject to military law and tribunals.

Undefined in federal law:
There is no single federal statute that explicitly defines or authorizes the President to declare martial law, and experts argue that a federal declaration of martial law that completely supplants civilian government is difficult to reconcile with the Constitution.

The difference: the Insurrection Act allows the military to act as an aid to civilian law enforcement, while martial law involves the military effectively becoming the government and taking direct control of an area.