Обсуждение

I’m deadly serious in wanting the next Democratic trifecta to repeal in full every existing statute granting the president emergency powers. The president doesn’t need any statutory emergency powers. In an emergency, Congress can gather within hours and pass legislation.

Zoomer Antimillenarian

Genuinely amazing how many time bombs we planted in our emergency declaration laws. WHY, WHY WAS THIS A GOOD IDEA TO KEEP IN

Pie Is Damn Good

21 июл., 01:44

But what if they don't have a spare horse ready??

Dave Lundeen

21 июл., 01:04

I do not honestly think the statutes are the problem. It’s the occupant of the office.

R. Scott Rogers

21 июл., 01:07

This was my opinion after Trump’s first term. After 2024 however I believe we should assume that any future Republican president will be at least as great a moral cretin as Donald Trump, and we should make our laws accordingly.

Dave Lundeen

21 июл., 01:09

I guess what I really mean is that a) Presidents actually do have implicit Article II emergency powers, regardless of the statutes and b) a bad President won’t be constrained by the statutes anyway-just by the threat of impeachment (if there is a genuine threat).

R. Scott Rogers

21 июл., 01:12

I hear that. I would just prefer that the president needs to overtly break the law when he wants to break the law rather than being able to say “technically this other law says I can do this.”

Dave Lundeen

21 июл., 01:15

I mean god bless-I continue to think you want both an actually empowered executive (SCOTUS is arrogating both congressional and presidential/executive power to itself) plus someone who isn’t awful in the office.

R. Scott Rogers

21 июл., 01:23

I mostly agree but I now see “someone awful will be in the office” as a guaranteed half-the-time proposition. I want an energetic executive, sure, but I don’t want a dictator, and I would value an energetic legislature way more than an energetic executive.

Dave Lundeen

21 июл., 01:25

Eh. I think the Madisonian legislature is mostly wishcasting at this point. I find this book compelling: hls.harvard.edu/bibliography...

The Executive Unbound After the Madisonian Republic - Harvard Law SchoolEric A. Posner & Adrian Vermeule, The Executive Unbound After the Madisonian Republic (Oxford Univ. Press 2011).hls.harvard.edu

Dave Lundeen

21 июл., 01:25

I would add that I think Trump is actually a pretty weak executive who postures as a strong one.

R. Scott Rogers

21 июл., 00:42

And the executive has significant Article II inherent emergency authority, which Congress can and should limit by statute to a reasonable and short time period. 28 days max. Again, this isn’t 1840. Congress can assemble and pass laws to deal with an emergency within days, not months.