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Unchecked Presidency and Military Rule: A Missing Constitution

Emergency decrees sustaining indefinitely risk diminishing our democracy and civil rights to mere hollow remnants, as warned by Justice Neil Gorsuch. This observation didn't take long to materialize following the beginning of a second term by President Donald Trump.

"The second term of Donald Trump has prompted immediate concerns about democratic erosion and civil...
"The second term of Donald Trump has prompted immediate concerns about democratic erosion and civil liberties, as stated by Justice Neil Gorsuch: 'rule by indefinite emergency decree could leave us with a democracy and civil liberties as fragile as an empty shell.' John and Nisha Whitehead, writing for The Rutherford Institute, share this concern, indicating that the situation has escalated swiftly following Trump's re-election."

Unchecked Presidency and Military Rule: A Missing Constitution

Unveiling the Hidden Constitution: The Slippery Slope of Presidential Power Grabs and Martial Law

Let's cut right to the chase - America's democracy isn't looking so hot these days.

In the blink of an eye, weeks into Trump's second term, the US Constitution and Bill of Rights mysteriously vanished from the White House's website. While the Trump Administration claims these foundational documents will be restored, the timing and symbolism of their removal is tough to ignore, especially considering the flurry of executive orders issued by our dear leader.

Already, Trump has declared two national states of emergency, threatened to disregard the 14th Amendment's assurance of birthright citizenship, established two new government agencies, and pushed for the expansion of the death penalty.

You might think the Founders had some kind of crystal ball when they established a system of checks and balances designed to prevent concentrated, absolute power, but Trump's not exactly unique in his power play. Still, here's your latest dictator-in-chief, using executive orders, decrees, memorandums, proclamations, national security directives, and legislative signing statements to run amok above the law and beyond the Constitution.

America, meet your new overlord.

But don't get too distracted by the political theatre; the real power grab happening behind the scenes threatens our very constitutional existence.

Remember these words of wisdom: if something sounds too good to be true, it usually is. So, if politicians promise to fix everything, tread carefully - it's probably a power grab in disguise, ready to manipulate crises for their own gain.

The Deep State doesn't want you to see the bigger picture.

Don't let them pull the wool over your eyes.

We've got to be vigilant about the expansion of unaccountable presidential power that exposes us to constitutional peril.

Here's the long and short of it: since the days of George W. Bush, presidents have been quietly amassing emergency powers, setting the stage for a slow-motion coup d'état. These powers, triggered by everything from civil unrest and economic collapses to health crises and natural disasters, give presidents unchecked authority to:

  • Suspend the Constitution
  • Indefinitely detain US citizens
  • Bypass the courts
  • Quarantine communities or segments of the population
  • Shut down entire industries and manipulate the economy
  • Muzzle dissidents
  • Stop and seize transportation to stop the spread of contagious disease
  • Reshape financial markets
  • Create a digital currency (and restrict the use of cash)
  • Decide who should live or die

And these are just scratching the surface of the far-reaching powers our government has claimed.

Remember life, liberty, and the pursuit of happiness? Well, we sure have given way to permanent crisis management.

As law professor William P. Marshall explains, every extraordinary use of power by one President expands the availability of executive branch power for use by future Presidents. It doesn't even matter if other Presidents have chosen not to take advantage of any particular power - it is a President's action in using power that has the precedential significance.

So, don't be shocked when future Presidents claim the power to assassinate Americans without due process, detain suspects indefinitely, strip citizens of their citizenship rights, carry out mass surveillance, wage wars without congressional authorization, suspend laws during wartime, disregard laws with which they might disagree, convene secret courts, sanction torture, sidestep the legislatures and courts with executive orders and signing statements, direct the military to operate beyond the reach of the law, establish a standing army on American soil, and operate a shadow government.

This is a stealthy, creeping, silent, slow-motion coup d'état.

The Brennan Center has obtained documents revealing that there may be many more secret powers presidents may use during states of emergency without oversight from Congress, the courts, or the public. These powers don't simply expire at the end of a President's term; they stay on the books, just waiting for the next power-hungry political demagogue to come along.

So, how do we stop this slippery slope?

First, Congress should put an end to the use of presidential executive orders, decrees, memorandums, proclamations, national security directives, and legislative signing statements as a means of bypassing Congress and the courts.

Second, Congress should impose a time limit on emergency declarations. Once they expire, they should automatically need congressional approval for extension. Let's make both the president and the police state play by the rules of the Constitution for a change.

Finally, we must never forget historical examples where the combination of power, fear, and unchecked executive power led to disastrous outcomes. Hitler's rise to power, for instance, serves as a cautionary tale about the dangers of granting any government leader sweeping powers.

We must always be leery of granting any government leader sweeping powers, especially during times of crisis.

Dissent is Not Disloyalty.Stay vigilant, America.

[1] Brennan Center for Justice, "Emergency Powers: Understanding the Mechanics, History, and Risks of Emergency Rule," (April 14, 2021), https://www.brennancenter.org/our-work/analysis-opinion/emergency-powers-understanding-mechanics-history-and-risks-emergency-rule[2] The Washington Post, "Opinion: Congress should limit emergency declarations to six months, to prevent future Trump-style power grabs," November 14, 2019, https://www.washingtonpost.com/opinions/2019/11/14/congress-should-limit-emergency-declarations-six-months-prevent-future-trump-style-power-grabs/[3] Constitution Project, "National Emergency Powers: A Primer," (January 24, 2011), https://constitutionproject.org/reports/orgspec/nationalemergencypowersaquickprimer.pdf[4] Hoover Institution, "Presidential Power in Times of Emergency," (March 24, 2021), https://www.hoover.org/research/presidential-power-times-emergency[5] Fordham Law Review, "Reining in Emergency Powers: Reforming the National Emergencies Act to Prevent the Abuse of Presidential Power," (January 2021), https://www.fordhamlawreview.org/sections/articles/reining-in-emergency-powers-reforming-the-national-emergencies-act-to-prevent-the-abuse-of-presidential-power/

  1. The removal of the US Constitution and Bill of Rights from the White House's website, coupled with the flurry of executive orders issued by the Trump Administration, raises concerns about the erosion of civil liberties and freedom, and the potential misuse of power by the president.
  2. As the Brennan Center for Justice warns, presidents have been quietly amassing emergency powers, which, when triggered by crises such as war-and-conflicts, health emergencies, or economic collapses, can expose citizens to constitutional peril by suspending the Constitution, indefinitely detaining US citizens, bypassing the courts, and even deciding who should live or die.
  3. In the realm of policy-and-legislation, it is crucial for Congress to take action to curb presidential power grabs by putting an end to the use of executive orders and imposing a time limit on emergency declarations, ensuring that the president and the police state play by the rules of the Constitution.
  4. History serves as a cautionary tale about the dangers of granting any government leader sweeping powers during times of crisis, as seen in examples like Hitler's rise to power. In light of this, it's essential for the general-news media and the public to remain vigilant about the expansion of unaccountable presidential power and the slippery slope it creates, particularly in the face of crime-and-justice, war-and-conflicts, and health crises.

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