Drudge Retort: The Other Side of the News
Sunday, January 13, 2019

It would be nice to think that America is protected from the worst excesses of Trump's impulses by its democratic laws and institutions. After all, Trump can do only so much without bumping up against the limits set by the Constitution and Congress and enforced by the courts. Those who see Trump as a threat to democracy comfort themselves with the belief that these limits will hold him in check. But will they? Unknown to most Americans, a parallel legal regime allows the president to sidestep many of the constraints that normally apply. The moment the president declares a "national emergency" -- a decision that is entirely within his discretion -- more than 100 special provisions become available to him.

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"Some legal scholars believe that the Constitution gives the president inherent emergency powers by making him commander in chief of the armed forces, or by vesting in him a broad, undefined "executive Power." At key points in American history, presidents have cited inherent constitutional powers when taking drastic actions that were not authorized -- or, in some cases, were explicitly prohibited -- by Congress. Notorious examples include Franklin D. Roosevelt's internment of U.S. citizens and residents of Japanese descent during World War II and George W. Bush's programs of warrantless wiretapping and torture after the 9/11 terrorist attacks. Abraham Lincoln conceded that his unilateral suspension of habeas corpus during the Civil War was constitutionally questionable, but defended it as necessary to preserve the Union.

The Supreme Court has often upheld such actions or found ways to avoid reviewing them, at least while the crisis was in progress."

-fta

#1 | Posted by BruceBanner at 2019-01-13 06:22 PM | Reply

"the president has access to emergency powers contained in 123 statutory provisions, as recently calculated by the Brennan Center for Justice at NYU School of Law, where I work. These laws address a broad range of matters, from military composition to agricultural exports to public contracts. For the most part, the president is free to use any of them; the National Emergencies Act doesn't require that the powers invoked relate to the nature of the emergency. Even if the crisis at hand is, say, a nationwide crop blight, the president may activate the law that allows the secretary of transportation to requisition any privately owned vessel at sea. Many other laws permit the executive branch to take extraordinary action under specified conditions, such as war and domestic upheaval, regardless of whether a national emergency has been declared."

-fta

#2 | Posted by BruceBanner at 2019-01-13 06:22 PM | Reply

Executive authority should have been overturned when Cheney refused to release White House visitor records. Torture authorizations and bank bailouts later - it's a few administrations too late.. Hopefully this will be the last presidency to abuse it.

#3 | Posted by redlightrobot at 2019-01-14 12:14 AM | Reply

Ten days ago I was convinced that Individual-1 would declare an emergency for political purposes. Sad to say that it took the far right in Congress to stand up. They may have stopped Trump from his declaration, recognizing that future presidents, emboldened by this moron's actions, could use those same powers to collect firearms, implement Obamacare, declare Thursday illegal, or foist upon Americans a thousand other political matters...

#4 | Posted by catdog at 2019-01-14 08:59 AM | Reply

One thing I don't think he can do in a state of emergency - build a border wall.

#5 | Posted by JeffJ at 2019-01-14 10:09 AM | Reply

All Trump needs to do is make a credible case that plastic straws are being smuggled into Cali vi the Mexican border.

#6 | Posted by visitor_ at 2019-01-14 10:20 AM | Reply | Funny: 1

Mother, by Pink Floyd. Sung by Donald J. Trump

Mother will they drop the bomb? (Only if you tell them to, Son. That seems like an increasing likelihood due to your loosening grip on reality)
Mother will they like this song? (Probably not, Son, especially if you post the misspelled lyrics on Twitter)
Mother will they try to break my balls? (Melania and the Ruskies have already broken them, Son)
Mother should I build the wall? (Son, your base is clamoring for it. But then again, your base is in a constant state of relative deprivation so they will never be happy, they will just end up wanting something else, like the right to force gay, Jewish bakers to bake Aryan-flavored wedding cakes shaped like Swastikas)

Mother should I run for President? (You already have, Son, and proven that, despite the popular majority proving otherwise, the ELECTORAL majority of Americans is STILL slightly dumber than the average rural fence-post).
Mother should I trust the government? (If the government is mostly a bunch of Democrats, Son, then the answer is no. But if they have an Eastern Slavic accent, by all means trust them)
Mother will they put me in the firing line? (Not with the multiple deferments you got for your bone spurs, my Son)
Is it just a waste of time? (You mean the Mueller investigation? Pretty much, Son. Sean Hannity told me so. So do whatever you want for as long as you can)

Hush now baby, baby don't you cry (I'm can't cry, Mother-- too much botox has permanently paralyzed my tear ducts)
Mama's gonna make all your nightmares come true. (You mean you're gonna take away my smart phone, MAGA hat, bottle of orange spray-on tan, porn videos, and late night trips to McDonalds?)
Mama's gonna put all her fears into you. (You mean you have seen that pee video too?!?)
Mama's gonna keep you right here under her wing. (Your RIGHT WING, I hope)
She won't let you fly, but she might let you sing. (No problem, Mom. I'll leave the singing to my ex-lawyer Michael Cohen)
Mama's gonna keep baby cozy and warm. (That's a great idea-- an electric MAGA hat with temperature control to keep me warm during those lonely nights by myself in bed!)
Of course mama's gonna help build the wall (Make sure you make it really high, Ma-- not just to keep out the terrorists and the illegal immigrants, but to keep out the ever-closing circle of lawyers that are after my crooked ass).

(insert legendary David Gilmour solo here)

#7 | Posted by NerfHerder at 2019-01-14 10:40 AM | Reply

#5 | Posted by JeffJ, Believe it or not, Between the Army Corps of Engineers, The Navy CBs, and the Air Force Prime Beef and Red Horse Battalions, the POTUS is in charge of one of the largest construction firms in the nation, likely the largest. If you know anything about DoD financing, he has the money to put many of them to work building the wall with the funds at hand. The prime reason we don't use the military to build stuff is that they are much more expensive. We hire construction firms to build something. Soldiers and other service members have to be housed, fed, trained, paid and maintained. If calls an emergency, Thanks to Bush and Obama via the PATRIOT Act, beyond the statutory stuff that was in effect before 9-11, he has much more power. Trump can ignore Congress for a couple of years. I knew this would eventually bite us, bad laws are always rooted in fear and passion. Why build it? Even the opponents admit that it would curtail about a third of illegal aliens that enter across the border. Good start.

#8 | Posted by docnjo at 2019-01-14 11:25 AM | Reply

"Even the opponents admit that it would curtail about a third of illegal aliens that enter across the border." - #8 | Posted by docnjo at 2019-01-14 11:25 AM

No it wouldn't.

#9 | Posted by Hans at 2019-01-14 11:35 AM | Reply

#9 | Posted by Hans, It certainly made a serious dent in foot traffic where the wall exists, over 90%.

#10 | Posted by docnjo at 2019-01-14 11:39 AM | Reply

"It certainly made a serious dent in foot traffic where the wall exists, over 90%." - #10 | Posted by docnjo at 2019-01-14 11:39 AM

No it didn't.

And certainly not the "90%" figure you made up.

#11 | Posted by Hans at 2019-01-14 11:41 AM | Reply

"He sent thousands of active-duty soldiers to the southern border to terrorize a distant caravan of desperate Central American migrants"

Want to know why we can never seem to make a big dent in fighting terrorism? Because Liberals have no idea what it actually means, as is evidenced by this absurd statement. The ridiculous exaggerations coming from the hateful partisan people is laughable these days.

#12 | Posted by humtake at 2019-01-14 11:45 AM | Reply | Newsworthy 1

"Want to know why we can never seem to make a big dent in fighting terrorism?" - #12 | Posted by humtake at 2019-01-14 11:45 AM

An absurd statement.

#13 | Posted by Hans at 2019-01-14 11:48 AM | Reply

Want to know why we can never seem to make a big dent in fighting terrorism? Because Liberals have no idea what it actually means, as is evidenced by this absurd statement. The ridiculous exaggerations coming from the hateful partisan people is laughable these days.

#12 | Posted by humtake

There is virtually zero muslim terrorism in the United States. Right wing terrorism is a much bigger problem.

You people are so easy to terrify.

#14 | Posted by SpeakSoftly at 2019-01-14 11:55 AM | Reply | Newsworthy 1

Frankly, I hope he declares a state of emergency and the supreme court allows him to do it and build the wall with emergency funds.

That means the next dem president can declare states of emergency over health care costs and climate change. They could declare a state of emergency over government corruption and election funding. Any problem america has becomes a valid use of the state of emergency.

Bring it on.

#15 | Posted by SpeakSoftly at 2019-01-14 11:57 AM | Reply | Newsworthy 2

#15 exactly. And in the meantime the shutdown can end.

#16 | Posted by JOE at 2019-01-14 12:03 PM | Reply

Frankly, I hope he declares a state of emergency and the supreme court allows him to do it and build the wall with emergency funds.
That means the next dem president can declare states of emergency over health care costs and climate change. They could declare a state of emergency over government corruption and election funding. Any problem america has becomes a valid use of the state of emergency.
Bring it on.

#15 | POSTED BY SPEAKSOFTLY

Last week a conservative writer (I don't recall which one) was against emergency funding for the very slippery slope you put forth - it sets a precedent that future presidents can (and likely will) use.

#17 | Posted by JeffJ at 2019-01-14 12:42 PM | Reply

Last week a conservative writer (I don't recall which one) was against emergency funding for the very slippery slope you put forth - it sets a precedent that future presidents can (and likely will) use.

#17 | Posted by JeffJ

It may have been Rich Lowry.

#18 | Posted by SpeakSoftly at 2019-01-14 01:14 PM | Reply

#17 | POSTED BY JEFFJ

Republicans don't give a crap about setting bad precedents. Look at what they have done to the Supreme Court and the FBI.

When you are so used to losing that you will take ANY win, the wins that you do get usually are the ones that end up biting you (and the rest of the country) in the future.

#19 | Posted by gtbritishskull at 2019-01-14 02:44 PM | Reply | Newsworthy 1

The best thing that would come of trump grossly abusing his powers and setting this precedent is that when we have a legitimate, democratically elected president again, he or she can declare a national emergency to address climate change.

It'll be hilarious watching the salt flow from conservatives when we stop their oil and coal subsidies and they have only trump and cocaine mitch to blame!

#20 | Posted by IndianaJones at 2019-01-14 02:51 PM | Reply

He Can Kiss My Lilly White Hairy M F Ass.

THAT is what He can do.

#21 | Posted by donnerboy at 2019-01-14 06:34 PM | Reply

If The President cannot decide whether to Declare an Emergency, then it is NOT an Emergency.

At least that is the way it was back when America was Great.

#22 | Posted by donnerboy at 2019-01-14 06:36 PM | Reply

Donnerboy, are you okay today? Maybe you need to take a break or a nap or something. Your posts today have been a bit unhinged.

#23 | Posted by justagirl_idaho at 2019-01-14 06:38 PM | Reply

Your posts today have been a bit unhinged.

#23 | Posted by justagirl_idaho

No. I am fine. I think. Anyway a "nap" won't help.

You would be a little agitated too if your President reached out and bit you in the ass for something you had nothing to do with wouldn't you?


#24 | Posted by donnerboy at 2019-01-14 07:07 PM | Reply

Anyway.. I do appreciate your concern!

But.

You don't know "unhinged".

I am doing my best to protect the rest of you from me.

Wait unit I get "hungry". You do not want to be anywhere near me if I am hungry and my standing orders are to "Negotiate" and make "Adjustments".

Semper fi

#25 | Posted by donnerboy at 2019-01-14 07:12 PM | Reply

You're not in the US trade office?

#26 | Posted by BruceBanner at 2019-01-14 08:37 PM | Reply

Donnerboy, I do now recall you saying you are in government. I wish you the best. You normally sound very reasonable when you post and I did have concern yesterday that you were not just angry but a little off the reservation. I understand the anger. Good luck

#27 | Posted by justagirl_idaho at 2019-01-15 09:25 AM | Reply

What is shocking is that more Americans aren't caring about our friends, like Donner, who are in need.

He, and millions more, need our help.

#28 | Posted by BruceBanner at 2019-01-15 09:57 AM | Reply

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