Friday, February 15, 2019

Donald Trump: spawn of Obama

Trump's decision to try to build the wall by declaring a national emergency is just as bad as Obama's various attempts to circumvent regular constitutional channels through executive order.

Right after Trump got elected, I wrote:

    In trying to work their mischief, these Democrats have honed powerful new tools like executive orders, international agreements without the force of treaties, the nuclear option (which ends the filibuster and undermines bipartisan comity in the Senate), the reconciliation process, and substantive due process. The Democrats may now argue that the Republicans should refrain from using these tools (and they may be right). But, it must always be remembered that it was ruthless Democrats who first perfected their use. What incentive do Republicans now have to refrain from using these tools when they know that Democrats like the absolutely shameless Harry Reid, if they return to power, will not hesitate to take these tools up again?
Trump's decision to declare a national emergency is just another step away from the normal legislative processes and constitutional procedures that should govern our country. As Nancy Pelosi has already recognized, future Democratic presidents will now be able to use the precedent Trump has established and declare emergencies of their own to achieve their own policy goals. Why should Democrats refrain from using a declaration of emergency if Republicans have used it successfully?

I support The Donald's attempts to build the wall. Nevertheless, I hope the courts block his declaration of emergency, which, like Obama's executive orders, reeks of tyranny:

    Within hours of the fire [destroying the Reichstag], dozens of Communists had been thrown into jail. The next day, officials in the Prussian Ministry of the Interior, which was led by Hermann Göring, discussed ways to provide legal cover for the arrests. Ludwig Grauert, the chief of the Prussian state police, proposed an emergency presidential decree under Article 48 of the Weimar Constitution, which gave the president the power to take any measure necessary to protect public safety without the consent of the Reichstag. It would have suspended most civil liberties under the pretense of preventing further Communist violence. There had already been discussions within the Cabinet about enacting such measures. Justice Minister Franz Gürtner, a member of the Nazis' coalition partner, the German National People's Party (DNVP), had actually brought a draft decree before the cabinet on the afternoon of 27 February. When the proposed decree was brought before the Reich Cabinet, Interior Minister Wilhelm Frick, the only Nazi in the cabinet who had a portfolio, added a clause that would allow the cabinet to take over the state governments if they failed to maintain order. Notably, the cabinet would have been allowed to do this on its own authority. Frick was well aware that the Interior portfolio had been given to the Nazis because it was almost powerless; unlike his counterparts in the rest of Europe, he had no power over the police. He saw a chance to extend his power over the states and thus begin the process of Nazifying the country. At an emergency cabinet meeting, Hitler declared that the fire now made it a matter of "ruthless confrontation of the KPD"--a confrontation that could not be "made dependent on judicial considerations." Though Vice Chancellor Franz von Papen objected to the clause giving the Reich cabinet the power to take over the state governments if necessary, the decree was approved. Shortly thereafter, President von Hindenburg signed the decree into law. [from the Wikipedia article about the Reichstag Decree with emphasis added]
Donald, Obama was wrong to use executive orders. Your declaration of emergency is also the wrong tool to use.

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