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Celerity

(54,042 posts)
62. massive powers are unleashed is a POTUS declares a state of national emergency
Wed Oct 21, 2020, 11:04 AM
Oct 2020

That said, martial law was probably not the best subject to toss out in the OP, as it is such a loaded term.

This article was directed at things to worry about with Trump, but is applicable to any POTUS.

The Alarming Scope of the President's Emergency Powers



https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/

snip

But will they? Unknown to most Americans, a parallel legal regime allows the president to sidestep many of the constraints that normally apply. The moment the president declares a “national emergency”—a decision that is entirely within his discretion—more than 100 special provisions become available to him. While many of these tee up reasonable responses to genuine emergencies, some appear dangerously suited to a leader bent on amassing or retaining power. For instance, the president can, with the flick of his pen, activate laws allowing him to shut down many kinds of electronic communications inside the United States or freeze Americans’ bank accounts.

Other powers are available even without a declaration of emergency, including laws that allow the president to deploy troops inside the country to subdue domestic unrest. This edifice of extraordinary powers has historically rested on the assumption that the president will act in the country’s best interest when using them. With a handful of noteworthy exceptions, this assumption has held up. But what if a president, backed into a corner and facing electoral defeat or impeachment, were to declare an emergency for the sake of holding on to power? In that scenario, our laws and institutions might not save us from a presidential power grab. They might be what takes us down.

1. “A LOADED WEAPON”

The premise underlying emergency powers is simple: The government’s ordinary powers might be insufficient in a crisis, and amending the law to provide greater ones might be too slow and cumbersome. Emergency powers are meant to give the government a temporary boost until the emergency passes or there is time to change the law through normal legislative processes. Unlike the modern constitutions of many other countries, which specify when and how a state of emergency may be declared and which rights may be suspended, the U.S. Constitution itself includes no comprehensive separate regime for emergencies. Those few powers it does contain for dealing with certain urgent threats, it assigns to Congress, not the president. For instance, it lets Congress suspend the writ of habeas corpus—that is, allow government officials to imprison people without judicial review—“when in Cases of Rebellion or Invasion the public Safety may require it” and “provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”

Nonetheless, some legal scholars believe that the Constitution gives the president inherent emergency powers by making him commander in chief of the armed forces, or by vesting in him a broad, undefined “executive Power.” At key points in American history, presidents have cited inherent constitutional powers when taking drastic actions that were not authorized—or, in some cases, were explicitly prohibited—by Congress. Notorious examples include Franklin D. Roosevelt’s internment of U.S. citizens and residents of Japanese descent during World War II and George W. Bush’s programs of warrantless wiretapping and torture after the 9/11 terrorist attacks. Abraham Lincoln conceded that his unilateral suspension of habeas corpus during the Civil War was constitutionally questionable, but defended it as necessary to preserve the Union. The Supreme Court has often upheld such actions or found ways to avoid reviewing them, at least while the crisis was in progress. Rulings such as Youngstown Sheet & Tube Company v. Sawyer, in which the Court invalidated President Harry Truman’s bid to take over steel mills during the Korean War, have been the exception. And while those exceptions have outlined important limiting principles, the outer boundary of the president’s constitutional authority during emergencies remains poorly defined.

snip

Recommendations

0 members have recommended this reply (displayed in chronological order):

$10,000 fines. My Pet Orangutan Oct 2020 #1
+1 mdelaguna Oct 2020 #12
I agree, but that's not a realistic amount FoxNewsSucks Oct 2020 #20
good idea but then it makes more police/citizen direct contact treestar Oct 2020 #27
The fine in my city is $9 BannonsLiver Oct 2020 #55
Biden can withhold certain federal funds from states that are not making an effort. Blue_true Oct 2020 #74
Jeez-zuz! Calm down. Surely you did not mention martial law!? No, I must have read that wrong. Solomon Oct 2020 #2
No dweller Oct 2020 #7
well if not martial law (obviously the final last resort if states simply flat out refuse to obey) Celerity Oct 2020 #14
How well do you know the US system? GulfCoast66 Oct 2020 #23
massive powers are unleashed is a POTUS declares a state of national emergency Celerity Oct 2020 #62
Are you sure about a National mask mandate? MichMan Oct 2020 #60
China was able to stop the virus with measures treestar Oct 2020 #30
It will take time and the vaccine will hopefully come online Sherman A1 Oct 2020 #3
K&R, on number 9 ... Red Don wont go away and will have a floor of 5% kGOP followers per county uponit7771 Oct 2020 #4
I get what you're saying Proud Liberal Dem Oct 2020 #5
so, basically you are saying CatWoman Oct 2020 #6
no, I want to know what can be done Celerity Oct 2020 #11
So you are basically saying that in regards to SARS-COV-2, it doesn't matter Blue_true Oct 2020 #67
stop putting words in my mouth Celerity Oct 2020 #69
Your lead paragraph said exactly that in so many words. Blue_true Oct 2020 #71
no it did not, I simply listed out what he will be up against, & it's disingenuous to accuse me Celerity Oct 2020 #75
He will have tools for dealing with the people that you mentioned. Blue_true Oct 2020 #77
Is he wrong? durablend Oct 2020 #33
Agreed. The minute biden is sworn in, Volaris Oct 2020 #79
He can do a few things right away. Mike 03 Oct 2020 #8
thank you for the reply Celerity Oct 2020 #19
Also...the lying to the American people will stop. we can make better, more informed decisions wiggs Oct 2020 #56
With just three weeks of all Americans wearing masks, even without distancing, the number of Doodley Oct 2020 #9
Dad and I went to Walmart a few days ago phylny Oct 2020 #24
This. durablend Oct 2020 #37
Wow, could I ask what state your dad lives in njhoneybadger Oct 2020 #40
His permanent address is in New York (Westchester County) phylny Oct 2020 #45
A smart marketing/public info blitz would make more people embarrassed not to wear masks. Just Biden Doodley Oct 2020 #51
I can help somewhat (I mean it can't hurt) but sadly Trump has weaponized masks. Statistical Oct 2020 #58
I don't agree with that 30% figure. I live in Georgia, and even in Republican strongholds, few Doodley Oct 2020 #64
At 93 you're playing with house money anyway BannonsLiver Oct 2020 #57
Herd immunity a mix of natural (stupid) and vaccine. Statistical Oct 2020 #10
I agree with you 1000% genxlib Oct 2020 #13
thanks for that, but what if tens of millions still refuse, and they have enough local and state Celerity Oct 2020 #16
That will only be true until things start to get ugly genxlib Oct 2020 #29
I so hope you are right, and I suspect you might be Celerity Oct 2020 #39
I agree that Covid-19 will continue to be endemic in the US Klaralven Oct 2020 #15
I think we're going to see huge disparities among different areas of the country. enough Oct 2020 #17
honest question.. Can a state ban entrance from a hotspot state? Or impose a mandatory quarantine Celerity Oct 2020 #25
NY has tried to do that. babylonsister Oct 2020 #48
Biden can make it a national policy and FORCE states to comply or face loss of federal monies, not beachbumbob Oct 2020 #18
What if the vermin Rethug state leaders challenge it, ram it up the food chain to a now 6-3 Celerity Oct 2020 #42
Trump basically ignored Supreme Court ruling that he didn't like, or Blue_true Oct 2020 #72
Lots of things can change when the Rule of Law comes back to a Wild West town. PubliusEnigma Oct 2020 #21
I so hope so! Celerity Oct 2020 #26
For one thing...no one will be holding super spreader rallies Rice4VP Oct 2020 #22
Do we know that for sure? What if Trump immediately starts up a Rebellion 2021/Retake America 2024 Celerity Oct 2020 #31
Hopefully he'll be too busy babylonsister Oct 2020 #49
The problem is that MF45 FoxNewsSucks Oct 2020 #28
With all the misconceptions about it flying around, herd immunity is achievable through vaccination. beastie boy Oct 2020 #32
You're right! Biden can't STOP Covid... NewDayOranges Oct 2020 #34
Bingo. nt Blue_true Oct 2020 #73
One honest question genxlib Oct 2020 #35
I hesitate to answer for someone BannonsLiver Oct 2020 #50
I am American-born, London raised woman who now lives in Sweden for several years Celerity Oct 2020 #63
The USA has to build a system that meets our constraint. Blue_true Oct 2020 #76
Yes, and I have never once said or inferred that the US should copy Sweden, or Norway or Denmark Celerity Oct 2020 #78
One thing is certain Chainfire Oct 2020 #36
Maybe so maybe not TexasProgresive Oct 2020 #38
As has been said on DU previously, Bayard Oct 2020 #41
+1 Celerity Oct 2020 #43
Well, we get tagged with it anyway, sooo MyNameGoesHere Oct 2020 #44
I prefer the term "empathy gulag" BannonsLiver Oct 2020 #52
Here's what you're missing: MineralMan Oct 2020 #46
Sorry for the misspell on martial, and I just got back online, we had a Celerity Oct 2020 #59
Not sure about the best way to get people on board to help get slow down Covid. But bluestarone Oct 2020 #47
There are some things he can do which have been mentioned BannonsLiver Oct 2020 #53
There are several ways Hestia Oct 2020 #54
The most important thing that President Biden can do is be a strong leader. marie999 Oct 2020 #61
There is plenty he can do Meowmee Oct 2020 #65
The big issue now is a total lack of federal coordination. Just by Blue_true Oct 2020 #66
Martial law? Do you not want Biden to make it past his first year? Initech Oct 2020 #68
what you just said is what I said, so many skipped the part following it Celerity Oct 2020 #70
Only a vaccine will end COVID Calculating Oct 2020 #80
Even my fellow Ohio dummies usually wear masks... Buckeye_Democrat Oct 2020 #81
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