South Korean President Yun Seok-Yeol temporarily declared martial law on Tuesday amid claims, without providing evidence, that “anti-national” forces are plotting an uprising and supporting North Korea.
However, about six hours after Yun declared martial law and troops poured into the streets, the National Assembly voted to end the declaration. Yun immediately faced calls for his resignation or impeachment.. However, Saturday’s impeachment vote was defeated due to a boycott by Yun’s party. The party was “clearly more concerned about Mr. Yun’s return to progressive leadership than his actions,” he said. washington post. But that only seemed to intensify the protests, and the national police launched an investigation against Yun for treason.
As the drama continues to unfold, many Americans are now keeping a wary eye on President-elect Donald Trump, trying to understand how this will play out in each state.
Trump has a long history praise the authoritarians. And in 2020, he deployed the National Guard To disperse demonstrators in Washington, D.C. and Portland, Oregon, where protests are taking place over the police killing of George Floyd. However, despite the controversy, it was not martial law.
But Trump also reportedly asked about: shoot those protesters dead But it was blocked by skeptics within the administration. This time there will be fewer of them. And this year, heenemy from within”
One legal expert, who requested anonymity, told Daily Kos that while there is a slim chance that today’s conservative-led Supreme Court would uphold President Trump’s martial law precedent, current concerns are “overblown.” It’s very likely.”
Still, ahead of a second Trump administration, Daily Kos considers what martial law might look like. Saw For example, in the US
What is martial law?
Martial law is a law that authorizes the government to temporarily replace military authority with a civilian government. Usually declared in times of war, rebellion, or natural disaster. by Department of Justice program.
Essentially what would happen is that the military would step in and enforce the law, supporting local governments in the area instead of local law enforcement. This includes handing over people accused of crimes to military courts (where military personnel serve as judge and jury) rather than civilian courts.
Has martial law been declared in the United States?
Martial law has been declared at least 68 times in U.S. history, with the most recent federal order being imposed in what was then the territory of Hawaii during World War II, the report said. brennan justice centerleft-leaning Public Policy Institute.
After Japan’s devastating attack on Pearl Harbor, military officials were highly suspicious of Japanese Hawaiians and often questioned their loyalty, said journalist Erin Blakemore. Contributed to History.com. Three years of military rule created oppressive living conditions for Hawaiians, especially those of Japanese descent.
Military control was imposed amid growing fears of potential threats from Japan. food ration The state-wide stay-at-home order has made everyday life stressful.
In some cases, even photography was prohibited due to fears of espionage.
Can the President of the United States declare martial law?
Probably not.
A sitting US president cannot declare martial law as Yun did. In the United States, the president must first be approved by Congress.
however, Joseph Nunn of the Brennan Center He notes that the laws surrounding the idea remain vague. According to Nunn’s article, a sitting president “has sufficient authority under current law to send in the military.” assist “Civilian law enforcement agencies” (emphasis in original), but does not necessarily replace them.
That said, states can and have more frequently declared martial law, so long as the state’s declaration does not violate the Constitution.
As Nunn points out, states send troops to intervene at the local level to assist with things like natural disasters, which gives military personnel on the ground some authority.
Nunn also told Daily Kos that America’s founding history goes against the premise of martial law, which is “part of why the American Revolution happened.”
“If you look at the Declaration of Independence, one of the charges that lies at the feet of King George is that military power is superior to civilian power.” [or enacting martial law] In the colonies,” he said. “So everything about our constitutional system negates the idea that there can be martial law.”
But Nunn added that while martial law may be an overblown concern for Americans, the lack of restrictions on the Insurrection Act should concern people.
“The Insurrection Act gives the president virtually unlimited discretion to use the military as a domestic police force, even if acting in a supporting role.” [with local law enforcement]” he told Daily Kos.
Nunn explains how “dangerous” it is to deploy trained soldiers as police officers. This mission is a very different role than training in a combat zone.
He said the president’s discretion in deciding when to invoke the Insurrection Act is “too broad” and that the Insurrection Act “gives the president dangerously broad authority to use the military as a domestic weapon.” insisted.
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