Is South Korea's legislative veto of an autocratic president's declaration of martial law a one-off, or an objective lesson for President-elect Donald Trump?
South Korea is in a political crisis. President Yoon Seok-yeol declared martial law late on December 3, but bowed to legislative pressure and rescinded the order six hours later. Street protests continue, but there are almost constant street protests in South Korea.
Yun argued that martial law was necessary to stop “anti-national forces that are plundering the people's freedom and happiness.” The pretext for this drastic step was an unspecified military threat from North Korea and “domestic enemies.” The declaration of martial law was so coercive that 190 lawmakers barricaded themselves inside Congress while heavily armed troops stormed the building.
President Trump said he would mobilize the military in the country to round up illegal immigrants and deport them. Clearly, he does not trust local law enforcement or even ICE to effectively carry out their duties. Noble talk or, horrifyingly, a pragmatic policy that could involve brutal family separation and the illegal deportation of foreign children born here who are American citizens by birthright?
Is President Trump hinting at measures equivalent to martial law? The basic feature of martial law is the military's removal of civilian authority.
The Supreme Court ruled on this concept in a landmark 1866 decision known as . Milligan former partner: “When courts are actually closed due to foreign invasion or civil war, and it is impossible to administer criminal justice in accordance with the law…it is necessary to provide a substitute for the civil authorities…and there remains no power other than the military.” As long as the law is not enforced freely, the military government will be allowed to rule.Just as regulations are made when necessary, they limit the duration of the rule, because if the courts are reinstated. If this government is subsequently continued, it will be a grave usurpation of power. ”
of Posse Committee Act 1878 This means that federal forces may not engage in civilian law enforcement activities unless expressly authorized by Congress, even if they merely supplement rather than replace civilian authorities. Represents a general rule that is illegal.
What President Trump says he has in mind would be a direct violation of the law.
As the court made clear in the following case: President Truman's occupation of the steel millsthe president's power is at its “lowest ebb,” and when Congress and the president disagree, presidential actions are rarely supported. In that case, Congress wins. Under the decision, the president can act against the will of Congress only if the Constitution's “definitive and pioneering” grants of presidential power authorize the challenged action. There is no such “definitive and definitive” grant related to deporting illegal aliens, which is just one reason Trump's pick for secretary of defense is so important.
In South Korea, Yoon said the measure was necessary to prevent paralysis and domination by “anti-state” forces, but parliament quickly rejected martial law unanimously. Opposition parties urgently introduced They plan to vote in favor of impeaching Yun.
Foreign policy expert Richard Haas: “The good news is that South Korea's democratic institutions, the rule of law, are maintained.'' told MSNBC. “I think it's an open question whether President Yoon can recover from this situation politically.” [like] This is a self-inflicted wound that serves as a reminder of how vulnerable U.S. foreign policy, for all its economic and security commitments, is to the internal dynamics of its allies. ”
The events in Seoul sparked global expressions of concern. For the past few years, Yun has stepped up Security alliance between South Korea and Washington. US Ambassador Philip Goldberg said The United States said it was “encouraged by the resilience” of the United States in lifting martial law so quickly.
A vote on Yoon's impeachment could take place as early as this week. Its approval would require support from some members of Yun's party who were not among the original proponents. As in the United States, if Yoon is impeached, his removal from office will depend on a subsequent trial. Mr. Yun is holding on with his claws.
The events that led to Yoon's amazingly voluptuous face “started long before his razor-thinness.” [election] victory,” Alan Juhasz wrote The New York Times argued that “these dramatize the deep social grievances that lie beneath the surface of South Korea's deeply polarized politics and rising global power.”
Mr. Yun's clearly unsuccessful power grab should serve as a warning to Mr. Trump and his followers as he prepares to take office. in the atlantic ocean“Sometimes incompetent authoritarians foil their plans to seize power, and they still violate democratic institutions and norms in the process,” said Brian Klaas, associate professor of world politics at University College London. and causing damage. Sometimes power grabs are successful, because presidential democracies are not protected by constitutions written in magic ink, but rather by the actions of brave people who value ideals over force. You can survive moments of crisis.”
Unfortunately, there aren't too many brave men and women out there. This is why Profile of Courage was such a thin book.
And if Trump casually ignores South Korea's precedent and uses the military to round up illegal immigrants, martial law and all the political chaos that comes with it could soon come to America.
Author and legal analyst James D. Gillin is a former federal prosecutor in the Southern District of New York. He is also a public TV talk show and podcast host. Conversation with Jim Gillin.
