Remember how Trump talked about the 14th Amendment during the 2016 election, and how the deep state howled at him? What most people don't realize is that the 14th Amendment is a complex amendment with several provisions. Citizenship is only one of those provisions. It is possible that Trump was also talking about Section 3:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Trump does not need the Insurrection Act. That is an Article I power by Congress to put down insurrections. Trump is the head of the Executive Branch, which is a separate power under Article II.
Q asked us under what article does the President have power? Article II is completely independent of Congress' authority.
Article II, Section 2:
The 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
The President does not need Congress' approval if in time of war. Foreign countries attempting to infiltrate the US election for the purpose of overthrowing a duly-elected President is an act of war. Any US person who aided in any way is an accomplice. Any such person who also took an oath of office, as did all members of Congress, are no longer lawful members of Congress, per the 14th Amendment.
Don't lose track of what just happened. They attempted a coup, and foreign countries helped, which is an act of war. Anything Congress does now is unlawful because only a handful of senators are not traitors, and only about 1/3 of House members are not traitors. Congress no longer has a quorum to do business of any kind.
Serious business. Not since 1861 has anything like this happened.
Excellent explanation, very well written. The Insurrection Act is a red herring.
The 2018 EO designated US election systems as critical infrastructure. Any attack on that is an act of war, and we have already been in a state of war ever since 9-11 (and that state of war was recently renewed until mid-2021).
Election fraud is normally a felony, but in time of war it becomes treason. You are correct. Under the 14th amendment, we basically don't have a congress anymore. They are all traitors and enemy combatants.
But I thought only Congress can declare war?
Bush found a way around that.
Insurrection isnt war in the classic sense. It's a collapse of authority.
but didn't Q say the Military is the only way?
It is the only way. Since we have no congress, we will default to martial law.