The Constitution does not envision hypothetical situations, and only the actuality of an invasion or rebellion can justify the imposition of martial law when public safety requires it.
The declaration of martial law can be revoked by Congress and invalidated by the Supreme Court.
The limitations mandated by the Constitution on the declaration of martial law are to foreclose contrived and abusive reasons rationalizing authoritarian rule.
The Solicitor General must not inveigle the President to violate the Constitution by suggesting that extreme hypothetical situations can warrant the imposition of martial law outside the restrictive parameters of the Constitution.
EDCEL C. LAGMAN