Ancestors

Written by David August on 2025-01-20 at 19:25

"But the Constitution says he can't do that!"

I know, he knows. That's why he is trying.

Unitary executive theory (advanced by project 2025): make potus able to rule through decrees. The Enabling Act in Germany in 1933 did this, lead directly to deaths of ~50 million and burning 2 continents down.

Technically German constitution from 1919 was “in effect” until 1949. Enabling Act made constitution de jure only (by law, not practice); it was technically there the whole time.

History can rhyme.

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Written by stony kark on 2025-01-21 at 12:35

@davidaugust US presidents have been allowed to rule by decree since the executive order was invented

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Written by Mark T. Tomczak on 2025-01-22 at 16:10

@aapis @davidaugust Emphatically not. You will want to reference the history of Trump's first EOs.

The tl;dr is that the President has very few unreviewable powers for EO. He can order whatever he wants; both Congress and the Supreme Court may countermand those orders by their own means. The recent SCOTUS ruling on criminality of Presidential behavior did not change this (SCOTUS isn't going to put the President in jail for EO'ing someone to be murdered in the middle of Pennsylvania Avenue, but they definitely retain the authority to take one look at his EO and declare "Execution without due process is Unconstitutional; this EO is void.").

Aguably the most famous trumpfail of his first administration was his attempt to block immigration by declaring a terrorism emergency which disrupted air travel. The Courts basically said "What? No there isn't. Are you high? There is no rational basis for barring legal entry to the country right now" and vacated his EO.

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Written by stony kark on 2025-01-22 at 16:17

@mark @davidaugust when trump’s brown shirts come banging on your door, definitely point out how SCOTUS hasn’t made it legal yet or whatever point you think you’re making. I’m sure that’ll stop them.

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Toot

Written by Mark T. Tomczak on 2025-01-22 at 16:21

@aapis @davidaugust When Trump's brown shirts come banging on my door, what is and is not legal is irrelevant.

I'm not sure what point you're trying to make precisely; apologies if I've misunderstood you. I think we're on the same page that Trump 2024 is not like previous US Presidents; I interpreted your comment to mean that he was because Presidents have always had fiat ruling power via EO. That isn't true; Obama, Trump, and Biden all had EOs blocked by the Courts.

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Descendants

Written by stony kark on 2025-01-22 at 16:31

@mark @davidaugust Do us both a favour and don’t walk yourself into Auschwitz 2.0 just because SCOTUS said you should, ok? Your laws and norms are a bad joke that, literally, do not matter.

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Written by Mark T. Tomczak on 2025-01-22 at 16:41

@aapis @davidaugust If you're already black-pilled on the topic of American government(s), I don't think we'll have constructive discussion on it.

Meanwhile, I'm over here looking at a country that is incredibly complicated, with multiple layers of government that are already signalling they don't care what the fat man in the white house says because he's not a state governor or a judge, etc. I don't trust them to fix it or to protect me, but we over-simplify the problem we're trying to survive if we pretend they ain't there.

Even if my enemy's enemy is only my enemy's enemy, it's useful to know who they are. You know what happens to revolutionaries with no allies.

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