Is It Really Unthinkable?

Lincoln declared martial law at the outset of the Civil War and the former Confederate States of America were actually under martial law during the ill-fated period called, ironically, Reconstruction.

Martial law is the direct military control of normal civilian functions, and is marked by curfews; suspension of civil law, civil rights, and habeas corpus; and the application and extension of military law and justice to civilians, meaning civilians can be court-martialed.

There has been talk that if Trump loses the 2020 Presidential election he will term it a fake or fraud election, declare a national emergency – again –  and declare martial law. Hillary Clinton, among others, has put forth this scenario.

Is this possible? And if it is, what then?

Yes, given what Trump has been able to accomplish thus far in his increasingly authoritarian “reign,” and the political chaos he has created and thrives on, it is easily in the realm of possibilities that he would declare martial law if he loses. In his world, a loss like that is totally unacceptable. He has stretched the legal and moral limits of the Presidency to frightening lengths that the so-called Founding Fathers never dreamed of when they framed the Constitution. Martial law would be a logical end. Lincoln's martial law was mostly approved by Congress, but the President alone may declare martial law.

The mere declaration of martial law in America would have tidal wave effects worldwide, sending global stock markets into precipitous decline and ramping up the ambitions and confidence of Trump's cadre of dictator allies.

Here, would such a Presidential declaration be followed by the military whose function it would be to institute and maintain this declared martial law? Two possibilities arise: the first is that Trump saw his defeat coming and more or less “wired” it with the military to declare martial law when he lost. In that case, it would happen in whatever form it takes to militarily govern 300 million people who have never been governed by any other form than democracy. Unimaginable? So was Trump.

The second possibility is that the nation's military leaders sensed this possibility and were prepared to resist it from the outset. There has been talk that “the generals” wouldn't allow this perversion of democracy. If that were the case, these words would be moot because as Trump swerved more and more out of control, the military would notify him of their lack of support, precluding any ideas of martial law. Hopefully, this would be the case. Hopefully.

Marine General Joseph Dunford is Chairman of the Joint Chiefs of Staff and surely a martial law scenario has been considered by that body. Yet Donald Trump is its Commander In Chief, and they are sworn to follow his orders. They are also sworn to protect the Constitution. Is it within their purview to judge the legitimacy of such an order? Again, hopefully, it is, and they would react by not complying, putting the Constitution ahead of the President, which is as it should be.   

It is terrifying to even consider this country under martial law. But that is where we are.