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but there is no guarantee there will be mid-terms. It is a very plausible scenario for there to be an "uprising, attack" etc. used for an excuse for a martial law declaration under the scenario the USSC cited in Milligan v United States during the time of Lincoln. According to the Court " The President can declare martial law when circumstances warrant it:
When the civil authority cannot operate, then martial law is not only
constitutional, but would be necessary: “If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for, if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war.”

Once they would declare the courts to not be viable to function all bets are off. Anybody could argue impropriety all they want but there will be no legal forum to address it. Of course that would be something extreme but I would remind everyone that when Nixon was having his showdown with the Supreme Court over tapes, lost the decision and conducted the Saturday Night Massacre the country held it's breath because we didn't know how far Nixon would go and would he make a move on the SC itself? It was not a question we had assurance about from the military and our overriding question was "who would stop him and how"? Especially if he had some loyalists in the military go to the White House to protect him while others spoke for his removal? These scenarios may seem extreme, and they are to a very real extent, but we are dealing with extremists who have clearly demonstrated they view laws etc. as something to ignore or bowl over.

My point here being it is not a sure thing. How likely will he declare some "uprising" or "invasion"? That might be a whole other matter. Other legal scholars feel that only the Congress could do this and although that may be where would you go to make your legal argument once he declares the Courts closed? Where does an impeachment and conviction go for enforcement if there is no mechanism to enforce it? Do you go to the military? What happens in the case where some in the military support him? Do we end up in a shooting scenario between factions?

At the end of the day we as Americans have always felt that we would always have a "next time". It's in our piece of paper and in our beliefs and our faith in our system. But we are now dealing with people who don't care what the piece of paper says, our beliefs and in fact they use destruction of our faith in our system as a way to further solidify their moves.