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OpEdNews Op Eds    H3'ed 4/24/20

"I Have Total Authority and that's the way it's going to be," Don Juan-ump

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Message Fred Gransville

The Donald recently declared "When somebody's the president of the United States, the authority is total, and that's the way it's got to be."

reposting to celebrate your NEW racist kingdom -- king trump BANKRUPTCY, scott richard
reposting to celebrate your NEW racist kingdom -- king trump BANKRUPTCY, scott richard
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A range of legal scholars and government officials weighed on Trump's latest rant and claimed that, "neither the Constitution nor any federal law bestows that power upon the POTUS.

"We don't have a king in this country," Gov. Andrew M. Cuomo of New York said on Tuesday, adding, "There are laws and facts even in this wild political environment." He rebutted Mr. Trump's claim by citing a line from Alexander Hamilton, observing that presidential encroachment on powers that the Constitution reserved to the states would be "repugnant to every rule of political calculation."

Wasn't Alexander Hamilton the first secretary of the U.S. Treasury in 1789?

The year is 2020 and we are in a war with the Covid-19 virus. The Donald has access to emergency powers contained in 123 statutory provisions that address a broad range of matters, from military composition to agricultural exports to public contracts.

Congress, concerned about the ramifications of the president's access to emergency power, passed the National Emergencies Act in 1976. Under this law, the president has complete discretion to issue an emergency declaration but he is required to specify in the declaration which powers he intends to use, issue public updates if he decides to invoke additional powers, and report to Congress on the government's emergency-related expenditures every six months.

Let's see he has six months and then has to report to Mitch McConnel.

April 13, 2020 - Hours after accusing Democratic governors of a "mutiny" for signaling they would ignore any presidential order to reopen their states amid the coronavirus outbreak, Donald Trump backed down from the threat after claiming his "authority is total".

April 13 + 6 months = October 13, 2020. Trump needs to wait until May 13, the 2020 Election is November 3, 2020.

Let's say the crisis at hand is, say, a nationwide coronavirus pandemic. The president can activate laws that allows the executive branch to take extraordinary action under specified conditions, such as war on the coronavirus and domestic upheaval from a nationwide social distancing and lockdown orders to contain the pandemic, regardless of whether a national emergency has been declared.

During the Eisenhower administration Presidential Emergency Action Documents (PEADS) were put in place to ensure continuity of government in case the Soviets launched a nuclear attack.

Peads are draft executive orders, proclamations, and messages to Congress that are prepared in advance of anticipated emergencies. The Government Peads are kept from the public but the peads drafted from the 1950s through the 1970s were obtained through the Freedom of Information Act.

The Peads would not only have authorized martial law but suspended habeas corpus, revoke Americans' passports, and allow the roundup and detention of "subversives" identified in an FBI "Security Index."

In 1987, The Miami Herald reported that Lieutenant Colonel Oliver North had worked with the Federal Emergency Management Agency to create a secret contingency plan authorizing "suspension of the Constitution. FEMA would take control of the United States with a declaration of martial law during a national crisis," with the appointment of military commanders to run state and local governments.

Attorney General William Barr will now decide whether to rein in or expand some of the more oppressive features of the Peads. [1]

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I have been honing my craft as a writer since I graduated from Princeton University. I have been a newspaper reporter, a book editor and a Hollywood scriptwriter. My humor has been published in a number of publications. I have written two (more...)
 

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