Presidential Emergency Powers....!!

[pbmus]

https://threadreaderapp.com/thread/1190367840454533120.html

1. For those who don’t understand the fragility of American democracy in the hands of an unscrupulous autocrat - a scenario never imagined possible by the Founders under our Constituion - the cancellation of elections is quite simple and arguably legal. Which is why...
2...I fear for 2020. It all comes down to presidential emergency powers. They are poorly defined in the Constituion and under law. They are enormous and Trump clearly has been told that - remember how trump keeps saying he can do *anything* under the Constituion. Back when....
3...there was Japanese internment, Justice Robert Jackson wrote of this power in his dissent that it “lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need.” We have already seen Trump do this without...
4...consequence to override congress to pay for his wall. Nothing can stop him because he said “emergency” and there is nothing to stop him.

So, it’s October 25, 2020. Polls show that trump is going to lose in a landslide. He announces a national emergency - we have evidence...
5...”that millions of illegal aliens are conspiring to vote and undermine our democracy. Therefore, I am declaring a national emergency, suspending elections until this corruption is weeded out.” And that’s it. People can sue, but his powers are broad enough and his corrupt...
6...judiciary would have to knock it down. And even if it did, there is nothing in the Constituion that says he has to abide by the ruling. Just the courts own interpretations. He can argue that Marbury v Madison does not apply in emergencies, and who can stop him? Ok, now...
7....suppose the people take up arms or Does anything but acquiesce. Trump can declare this an insurrection amd suspenx habeas corpus, meaning they can lock up anyone they want. Lincoln did this and while it stretches the Constituion - the section on habeas corpus appears under..
8...article one, but never says who has the power to suspend and Trump can simply say, as Lincoln did, I have that power. He also has the authority to shut down the internet or all communications. While technically the electors are supposed to cast ballots, they can’t without...
9...an election victor. And without an electoral vote, The president cannot be removed.

This is all legal. And does ANYONE believe, given he know this, that Trump won’t CONSIDER doing it? A man who publicly stated in 2016 that he might not accept the outcome of the election...
10...who, with the approval of the GOP, declared his opponents as traitors, demanded the imprisonments of political adversaries, declared the press to be the enemy of the people, has spoken longingly of never leaving office, who is besties with every autocrat and hates every...
11...democracy. Yes, as Justice Jackson said, the president - in this case trump - has a loaded gun and we have to simply trust that he won’t use it or that the republicans will join democrats to stop him. And I do not believe for one second that...
12...they will say whatever rationale for the “emergency” that trump cooks up is bogus. Just like they talked about evil hordes who didn’t exist coming into the United States, they have been saying those same hordes are voting. And they’ll say it when Trump suspends elections...
13...so FOR GODS SAKE stop the nonsense of raging over whether there is a public option or Medicare for all as a primary voting issue, or whether someone is a “corporate democrat” or a “socialist”. None of that matters this time. We are IN this position because idiots...
14...did not recognize what was at stake in 2016, played silly games about “both sides are equally bad.” This is the same game that was played in the German federal elections in 1932, where people voting for the “can’t win” candidate gave enormous power to Hitler...
15...just three years later, hitler declared a national emergency, dissolved the legislature and called for new elections. And soon after that, the “protest candidate and his supporters were locked up.

Can’t happen here? I never thought it could. Then again, I never thought...
16...that any political party would ever support an imperial executive and usurpation of power by a president declaring he is above the law.

The GOP has shown that, if they can make an argument, no matter how irrational or false, they will justify anything....
17...the bottom line: bad stuff could be coming. It is not outside the realm of possibility. It would not even be illegal or unconstitutional. And it will end the great American experiment in democracy. But rich people will do very very well.

[Hermit-The-Prog]

1. read Article II

The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:

Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

Don't see anything in there about elections depending on the President's permission.

[uponit7771]

6. If Trump decides to cheat to win the election then it is on his permission. After this impeachment

... there's no way Red Don should be allowed to run for president.

The bottom line motive for Trump was to cheat to win the 2020 election by getting UKR involved in drumming up dirt on Biden.

[BernieBabies]

2. emergency won't be non-citizens voting

I don't think that would be convincing enough. It would need to be some other kind of attack, one that would feel like an attack to all Americans.

[The Velveteen Ocelot]

3. It's a pretty extreme worst-case scenario, but he makes a good point -

which is that instead of focusing on crushing Trump the candidates are producing an awful lot of hot air blathering over the minutiae of health care proposals which will never survive a trip through Congress intact anyhow, while their supporters are creating their own hot air blasts as they accuse each other of being either corporatist tools or leftist fantasists.

[duforsure]

4. Excellent article

I think he can declare martial law , claiming anything he wants to, then bypass Congress and the courts, setting himself and his family up as rulers, dictators

[struggle4progress]

5. Let me give you a word of the philosophy of reform. The whole history of the progress

of human liberty shows that all concessions yet made to her august claims, have been born of earnest struggle. The conflict has been exciting, agitating, all-absorbing, and for the time being, putting all other tumults to silence. It must do this or it does nothing.

If there is no struggle there is no progress. Those who profess to favor freedom and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters.

This struggle may be a moral one, or it may be a physical one, and it may be both moral and physical, but it must be a struggle. Power concedes nothing without a demand. It never did and it never will.

Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress."

Frederick Douglass
Canandaigua, New York
3 August 1857