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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Powers that tRUMP will have when/if he declares a National Emergency. Read it and buckle up!
https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/
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The Powers that tRUMP will have when/if he declares a National Emergency. Read it and buckle up! (Original Post)
SayItLoud
Mar 2020
OP
dewsgirl
(14,961 posts)1. I read it a while back...😳
Everytime someone mentions it I'm like, not a great idea. Right now though, we are in a situation most of us never imagined. I imagine it's necessary.
jberryhill
(62,444 posts)2. This is something of a misunderstanding of that article
There are different varieties of "emergency" - each defined by a specific law.
In fact, there are some 29 existing "emergencies" at the present time.
There is not some over-arching "national emergency power" which allows the president to do all of things recited in that article. But, yes, there are a variety of different types of emergency provisions in various different laws.
I would suggest that if anyone finds that article to be of concern, then also have a look at this:
https://en.wikipedia.org/wiki/List_of_national_emergencies_in_the_United_States
Between the enactment of the National Emergencies Act in 1976 through February 15, 2019, 59 emergencies have been declared; 27 have expired while 33 are currently in effect, each having been renewed annually by the president.
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IcyPeas
(21,908 posts)3. holy shit
The president could seize control of U.S. internet traffic, impeding access to certain websites and ensuring that internet searches return pro-Trump content as the top results.
We live in a different universe today. Although interpreting a 1942 law to cover the internet might seem far-fetched, some government officials recently endorsed this reading during debates about cybersecurity legislation. Under this interpretation, Section 706 could effectively function as a kill switch in the U.S.one that would be available to the president the moment he proclaimed a mere threat of war. It could also give the president power to assume control over U.S. internet traffic.
ibegurpard
(16,685 posts)4. We've already had several national emergency declarations
By Trump. Including the one to fund his wall.
Just to keep this kind of speculation in perspective.
rustydog
(9,186 posts)5. So, will Darling Leader cancel the Presidential election?
louis-t
(23,297 posts)6. I think he will at least try to stop the election.
The blow back will be historic, and he will walk it back saying "I never said that."
UTUSN
(70,744 posts)7. Some excerpts
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https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/
The Alarming Scope of the President's Emergency Powers
From seizing control of the internet to declaring martial law, President Trump may legally do all kinds of extraordinary things.
From seizing control of the internet to declaring martial law, President Trump may legally do all kinds of extraordinary things.
. 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 emergencya decision that is entirely within his discretionmore than 100 special provisions become available to him. While many of these tee up reasonable responses to genuine emergencies, some appear dangerously suited to a leader bent on amassing or retaining power. For instance, the president can, with the flick of his pen, activate laws allowing him to shut down many kinds of electronic communications inside the United States or freeze Americans bank accounts. Other powers are available even without a declaration of emergency, including laws that allow the president to deploy troops inside the country to subdue domestic unrest.
This edifice of extraordinary powers has historically rested on the assumption that the president will act in the countrys best interest when using them. With a handful of noteworthy exceptions, this assumption has held up. But what if a president, backed into a corner and facing electoral defeat or impeachment, were to declare an emergency for the sake of holding on to power? In that scenario, our laws and institutions might not save us from a presidential power grab. They might be what takes us down. .
By any objective measure, the law has failed. Thirty states of emergency are in effect todayseveral times more than when the act was passed. Most have been renewed for years on end. And during the 40 years the law has been in place, Congress has not met even once, let alone every six months, to vote on whether to end them.
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