Would the Wishiverse have resulted in Martial Law?

[white avenger]

Well...no. The NSA has no domestic mission and is not allowed to operate domestically unless Americans are tied to terrorist suspects overseas, for starters, neither does the CIA, and saying that the army is not allowed to operate within domestic boundaries just isn't true. If the security of the homeland is threatened then they absolutely do. How else do you explain the Union response to the Civil War? The military exists to defend the nation. If the nation is threatened at home, then that's where they are going to be.

In the case of the Civil War, The Confederate States Of America was a sovereign nation, with its own President and congress, duly elected, its own laws and Constitution, its own currency, and was recognized as such in the international community. It was even recognized as a sovereign nation by the United States, since war was formally declared against the Confederacy after the bombardment of Fort Sumpter. It was NOT a part of the Union, since every member State had formally withdrawn from the Union. We might argue about who started the war and why, but all of the action seen by the Union Army was in the Confederate States, not the United States, therefore they were not operating within national boundaries. A technicality, I agree, but nonetheless a fact.

Otherwise, you are correct. Under certain (extreme) conditions, the President may order Federal troops used to quell local disturbances. The first example of this that I can recall was when Alabama Governor George Wallace ordered the Alabama State Militia to prevent integration activities by black Americans and their supporters. The President simply Federalized the Militia, putting them under his own command, and ordered them to protect the protesters from local violence. That was a case of Federal troops operating within the United States.

 

[Robb Stark]

In the case of the Civil War, The Confederate States Of America was a sovereign nation, with its own President and congress, duly elected, its own laws and Constitution, its own currency, and was recognized as such in the international community. It was NOT a part of the Union, since every member State had formally withdrawn from the Union. We might argue about who started the war and why, but all of the action seen by the Union Army was in the Confederate States, not the United States, therefore they were not operating within national boundaries. A technicality, I agree, but nonetheless a fact.

Well, that is VERY open to interpretation. The Confederacy absolutely considered themselves to be a sovereign nation, but the north did not, and President Lincoln was very, very clear about his beliefs that secession was (and is) constitutionally illegal. While the case arose following the Civil War in 1868, the Supreme Court agreed. Winners call? Perhaps, but the law is there. And the Confederacy was not recognized internationally. In fact, the British and the French were extremely careful NOT to afford the Confederacy with nation status, despite the frequent pleas from the South to do so. The South was an insurrection.

Otherwise, you are correct. Under certain (extreme) conditions, the President may order Federal troops used to quell local disturbances. The first example of this that I can recall was when Alabama Governor George Wallace ordered the Alabama State Militia to prevent integration activities by black Americans and their supporters. The President simply Federalized the Militia, putting them under his own command, and ordered them to protect the protesters from local violence. That was a case of Federal troops operating within the United States.

Agreed. The President can invoke the insurrection act and deploy troops (Dwight Eisenhower did it notably in Little Rock when he sent in the 101st Airborne, and I believe Kennedy sent troops into the south as well). In the case of the Wishverse, I don't think that would even be a question.

 

[white avenger]

Well, that is VERY open to interpretation. The Confederacy absolutely considered themselves to be a sovereign nation, but the north did not, and President Lincoln was very, very clear about his beliefs that secession was (and is) constitutionally illegal. While the case arose following the Civil War in 1868, the Supreme Court agreed. Winners call? Perhaps, but the law is there. And the Confederacy was not recognized internationally. In fact, the British and the French were extremely careful NOT to afford the Confederacy with nation status, despite the frequent pleas from the South to do so. The South was an insurrection.

The United States does not formally declare war against participants of an insurrection, it does not execute spies working for that insurrection, and it does not take what are formally recognized as "prisoners of war" from insurrectionist forces. If it barks like a dog, wags its tail like a dog, and chases cats like a dog, it's a pretty good bet that it's a dog.

But, as much as I would love to debate the Civil War as long as it can remain on a friendly basis, it's not the subject of this thread, and I apologize for starting this in the first place. (That's what happens when you bring up the War Of Northern Aggression to a Southerner) I do agree with your general point. The President can legally order Federal troops to act within the United States under very extreme circumstances.