lindajoy wrote:
What did Nixon sign into law that suspends the Constitution?? Martial law?? Nothing can suspend the Constitution.. EOs can channel directives etc but please clarify what you are speaking of???
Good point, I should clarify...
There is no executive order that literally says the Constitution can be suspended. But there are a number of them that override the norms that we often refer to as constitutional. For instance the enumeration of congressional power as defined in Article I, section 8 which is intended to limit the power of the federal government. Overriding this "spirit of the letter" are some of the executive orders I was referring to.
EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports.
EXECUTIVE ORDER 10995 allows the government to seize and control the communication media.
EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.
EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms.
EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision.
EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions.
EXECUTIVE ORDER 11002 designates the Postmaster General to operate a national registration of all persons.
EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft.
EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.
EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.
EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.
EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.
As you probably know, any of these options can be invoked with a simple stroke of the pen by the president bypassing Congress entirely.
The reason why I call these overrides to the "norms that we often refer to as constitutional" is because technically, they don't violate the constitution at all, just the normal perception of what we think the constitution represents. So I wasn't being literal in that sense.
The fact is the enumeration of power as described in Article I section 8 only applies to Congress. There is actually no such limit on the executive branch. BTW, this also applies to our Bill of Rights. So technically, Trump DOES have a constitutional right to take away our guns and our freedom of speech.
Of course the *idea* is that Congress makes the law and the president only enforces them so why would the Constitution need to apply such limits to the executive? I consider this one of several faults in the Constitution. I'm a Jeffersonian anti-federalist in case you haven't figured that out ;)
I'm also far from perfect, which leads me to this... I was dead wrong in assuming Nixon signed these orders. When you challenged me, I of course did some homework and found it not to be the case. So I'm owning up to that now.
I'm already over my limit on time spent on this site, so I'm going to leave it at that for now. I have read your entire post and agree with most of it. I'll just say this in parting...
I think the American people have cause to worry about an abusive president considering the power he has. This isn't just in reference to Trump, but the office itself. If one really considers the Constitution for what it is, we would realize the incredible trust we must have in the person that sits at that desk. I think this alone validates the concerns people have about Trump. There's a lot more to the liberal reaction to Trump than "hating the person".
As for martial law... My earlier statements stand but I am under no illusion that we have all that much legal security against it or that the Constitution can save us from tyranny (which was kind of my point)
Oh, and thank you Linda for keeping me honest ;)