he New York Times recently published an article Are We Losing Our Democracy? where they looked at various signs of dictatorship or autocracy and whether we had crossed that line. (I also provided the text in a Facebook post for those without NY Times access). I am going to look at each segment in turn and provide my own thoughts.
#6 - Declares National Emergencies On False Pretenses
Authoritarians often curtail democracy by declaring an
emergency and arguing that the threat requires them to exercise unusual degrees
of power.
There are legal guidelines that describe a president's emergency powers. The National Emergencies Act of 1986 was passed to create a standardized and formal process for declaring emergencies. This law replaced over 450 statutes that granted emergency powers in a variety of circumstances that were inconsistent regrading their use, or most importantly, the emergency's termination.
From The Legal Clarity.org website:
A declaration of a national emergency does not grant the
President a blank check; instead, it unlocks more than 130 specific statutory
powers that Congress has previously passed into law. The specific authorities
available depend on the nature of the emergency and the laws cited in the
President’s proclamation.
Unlocked powers include the ability to control or shut down
communications facilities, including radio stations, telephone services, and
internet traffic. The President can also gain the authority to redirect funds
that Congress has appropriated for military construction projects, allowing for
the rapid building of facilities deemed necessary for the emergency response.
Other statutes permit the seizure of private property, though legal processes
and compensation requirements typically still apply.
In situations involving international crises, a national
emergency declaration can activate the International Emergency Economic Powers
Act (IEEPA). This act allows the President to impose economic sanctions, freeze
the assets of foreign governments or individuals, and regulate or prohibit
foreign exchange transactions. These financial powers are among the most
frequently used, forming the basis for many of the over 40 national emergencies
that currently remain in effect, with the longest-running active emergency
dating back to 1979.
The courts can hear challenges to an emergency declaration, and the courts or Congress can end the national emergency, which in any case ends after one year if no other action is taken. They can be renewed indefinitely.
Previous presidents have used their ability to declare emergencies, sometimes questionably. The reason there is an emergency powers statute is that sometimes the situation calls for quick action. Trump, like so many other things, has abused this authority in order to bypass Congress.
He has used manufactured emergencies to sidestep Congress and impose tariffs, deregulate the energy industry, intensify immigration enforcement and send the National Guard into Washington. Chillingly, he has claimed that a Venezuelan gang invaded the United States to justify the killing of foreign civilians in international waters, in defiance of U.S. and international law.
The most egregious use of emergency powers has been to declare various groups as terrorists, or even an invading army. He has designated some immigrant groups this way in order to facilitate deportations. He has designated opposition groups as domestic terrorists in order to quell dissent. He has labeled Venezuelan nationals, piloting small boats that may be carrying drugs that might eventually end up in the United States, as a national security threat, justifying murder on the high seas.
He is sidestepping constitutional order and making everything an emergency to allow him to rule without guardrails.
Part I - Stifling Dissent and Free Speech
Part II - Persecution of Political Opponents
Part III - Bypassing the Legislature
Part IV - Using The Military For Domestic & Political Purposes
No comments:
Post a Comment