Up until recently a title like the one above would be seen as merely click bait, but all of can admit that the events of the last few days (i.e. Hillary’s emails) should lead one to consider the possibilities open for Obama to take advantage of.
Remember, Obama has already said that Trump should be disqualified for office. Despite the tightening polls Hillary was looking like she was going to still win. With Friday’s disclosure by Comey Hillary’s future looks bleak. For the first time in American history a President is about to be selected by a default.
With Comey’s reopening, Obama has the ammunition he needs to stop a Trump Presidency, especially if there are enough Americans that “turn out” against Trump’s victory the day after.
How Can He Do This?
The laws surrounding martial law and its enaction are vague. Essentially, the President or Congress has the right to suspend either part of the constitution or all of it during a war or civil unrest.
Martial law on the national level may be declared by Congress or the president. Under Article I, Section 8, Clause 15, of the Constitution, Congress has the power “[t]o provide for calling forth the Militia to execute the Laws of the Union, suppress insurrections and repel Invasions.” Article II, Section 2, Clause 1, of the Constitution declares that “[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” Neither constitutional provision includes a direct reference to martial law. However, the Supreme Court has interpreted both to allow the declaration of martial law by the president or Congress. On the state level, a governor may declare martial law within her or his own state. The power to do so usually is granted in the state constitution.
After November 8th expect large-scale civil unrest no matter who wins. However, a Trump win after the Comey disclosure would give Obama a trigger for issuing martial law.
Will it happen? In this election season we are finding out that anything is possible.