Friday, February 15, 2019

State of Emergency Risks Democracy Itself

I'm re-printing this essay I wrote in January of this year:

President Trump's threat to declare a national emergency surrounding immigration and border walls is described here:
Matthew Choi (2019, January 9). Trump says he has an 'absolute right' to declare a national emergency for his border wall. Politico,
Every declaration of a national emergency presents the terrifying prospect of increased executive power enabled by the "exceptions" to democratic processes occurring during official "emergencies."

National emergencies centralize power with the executive. See my extended discussion here:

An editorial in today's WSJ  by William Galston (p. A15) notes that presidential power to declare a national emergency can only be overturned by a 2/3 vote across congress or by the court system.

Galston explains in his op-ed titled "Could Emergency Powers Build the Wall" that the 1976 National Emergencies Act requires the president to specify the statute authorizing the declaration of emergency, with Congress having the opportunity to disapprove, but only with a vote of two-thirds of both chambers.

Galston explains that the judiciary could also check the emergency if plaintiffs have standing to challenge it on statutory or constitutional grounds. However, he notes that historically courts have sided with the executive.



    Legal challenges to Trump emergency declaration face uphill battle. (2019, Feb 15)

    The National Emergencies Act of 1976 has been invoked dozens of times by presidents without a single successful legal challenge. Congress never defined a national emergency in the law.

    The legal experts said Trump’s declaration could be challenged on at least two fronts: that there is no genuine emergency and that Trump’s action overstepped his powers because under the U.S. Constitution Congress has authority over federal appropriations, not the president....

    ...“The handwriting is on the wall here,” said Steven Schwinn, a professor at the John Marshall Law School in Chicago. “The Supreme Court is almost certain to uphold President Trump’s emergency.”

    Legal experts said the 1976 law gives presidents vast discretion.

    1. Global development
      From the Guardian archive
      Enabling Act becomes law in Germany - archive, 1933
      24 March 1933: Full powers given to the Hitler government. The President’s functions will be limited, laws promulgated by decree, the electoral system may be altered by decree, and the budget settled by decree
      Fri 24 Mar 2017 01.00 EDT

      Chancellor Adolf Hitler in Berlin, 24 March 1933.

      The Enabling Bill, which gives absolute powers to the German Government for four years, was passed by the Reichstag yesterday, all parties except the Socialists voting for it. The President’s functions will be limited, laws promulgated by decree, the electoral system may be altered by decree, and the Budget settled by decree, thus preventing public knowledge and criticism of military and naval expenditure.

      In view of the threats made by the Nazis on Wednesday to the non-Government parties, the passing of the bill is not surprising.

      Dr. Severing, one of the most famous of the German Socialists, was arrested yesterday while on his way to the Reichstag.

      In his speech in the Reichstag yesterday Hitler threatened a public execution of the alleged Communist who is accused of setting fire to the Reichstag and his accomplices.

      Berlin, March 23.
      The Enabling Bill giving full powers to the Hitler Government has been passed by the Reichstag, all parties except the Socialists voting for it.

      Herr Adolf Hitler, the Chancellor, this afternoon made his expected speech on the Government’s internal and foreign policy before a crowded Reichstag. The chief points were as follows:—

      The assertion of Germany’s war guilt was false. The burning of the Reichstag was an indication of what Europe had to expect from the victory of Communism – that “devilish doctrine.” If certain newspapers, especially those abroad, tried to identify Nationalists with the deed, “that can only strengthen me in my resolution,” declared the Chancellor, “to leave nothing undone to have the crime expiated very soon by the public execution of the incendiary and his accomplices.”
      This remark evoked great applause from the Government parties.

      Warning to Monarchists
      Other points in the speech included the following:-

      Only by its energetic action had the Government checked the development of a movement which would have shaken the whole of Europe. It would be the Government’s task entirely to extirpate Communistic influence in the interest of the whole of Europe. Its extirpation in Germany was an internal German affair and the Government would not tolerate interference from outside in this matter.

      The question of the restoration of the Monarchy was not a subject for discussion at the present time. The Government would regard any attempt by individual States to solve this problem on their own as an attack against the unity of Germany and would act accordingly. (This was clearly a warning to the Bavarian monarchists.)

      Respect for the great figures of German history must be hammered into the German youth as a holy heritage. All religions in Germany would be treated with effective justice, and the Government would not permit membership of a certain religion or a certain race to grant exemption from the general obligation to obey the law or to confer freedom to commit or tolerate crimes without fear of punishment.

      “Barbaric ruthlessness”
      High treason would in future be extirpated with “barbaric ruthlessness.” (Loud cheers from the Nazis.) The Government would avoid all currency experiments.

      Manchester Guardian, 24 March 1933.
      Manchester Guardian, 24 March 1933.

      From the Guardian archive
      Adolf Hitler

    2. The PNAC neocon Fascists are here. Never gone. Bolton, Wolfowitz, Perl, Cheney, Pompeo , Bush the ones who used a play from Hitler's book to first strike and invade a weak innocent country for their oil killing a half million men, women, children for no good reason. No WMDs there. The conflict rages 17 years later.

      The bloodthirsty neocons and nuclear warmongers, wanted out of nuclear non--proliferation treaties as far as 2002.  Now they are out again and actively producing tactical nukes promoting coups. Military interventions. Limited nuclear war. Trillions wasted while America largely dies.

      Fuko distracts us w a border wall so him and his buddy land speculators can do a massive land-grab.  America is ravaged with homelessness urban and rural blight and a severe economic depression where property is totally monopolized. Where rents and mortgages are completely out of whack with the real economy.

      The neocons wanted out of the INF. They want out of all nonproliferation treaties.
      That was so they could develop and, use smaller-tactical nuclear weapons in places like Iran. 
      Trump has hired Bolton and Pompeo to kick the evil  neoconservative agenda, back into high gear.
      The bloodmonkey neocons, were not satisfied with their Hitlerite, Nazi invasion of Iraq.

      These evil monkeys have no boundries or sanity.
      Trump is as psychopathic or, more so than Monkey man, crackhead Gearge W Bush.

      Trump is psychotic. Look at how he is running America as the country is plagued by urban and rural blight, homelessness.  Massive problems that are growing .  Problems that will only get worse as he pushes coups in s America like Brazil and Venezuela and pushes for fascism in Europe, while he ignores america

      Think of the kick start of  raw material extraction for the New Multitrillion dollar Nuclear proliferation and  Cold War , Fuko the clown is setting off. It helps the billionaire but not the 250 million or so that are dispossessed now in America. No money for infrastructure. They will not be happy till it is all a bloodugly mess. A radioactive shithole where deregulated nuclear reactors will start exploding soon


    OH LOOK !

    Spain plans to close all nuclear plants by 2035, 13 Feb 19, MADRID: Spain aims to close all seven of its nuclear plants between 2025 and 2035 as part of plans to generate all the country’s electricity from renewable sources by 2050.

    Energy Minister Teresa Ribera announced the move on Tuesday (Feb 12), just as the Socialist government gears up to call an early national election in anticipation of losing a budget vote.

    Overhauling Spain’s energy system, which generated 40 per cent of its mainland electricity from renewable sources in 2018, will require investment of 235 billion euros (US$266 billion) between 2021 and 2030, Prime Minister Pedro Sanchez said last month.

    Ribera said the government would present a draft plan to combat climate change, which had been due to be sent to the European Union for approval by the end of last year, to parliament on Feb 22.

    Under a draft bill prepared last year, the government aims to ban sales of petrol, diesel and hybrid cars from 2040 and encourage the installation of at least 3,000 megawatts a year of renewable capacity such as wind farms and solar plants.

    Phasing out nuclear power, which accounts for a little over 20 per cent of mainland Spain’s electricity, was a campaign pledge for the governing Socialists, who took office last summer after toppling their conservative predecessors in a confidence vote.

    Spain’s nuclear plants, which started operating between 1983 and 1988, are owned by Iberdrola, Italian-owned Endesa, Naturgy and Portugal’s edp

    It probably gets bitcoin for such tweets or worse...
    Soon there will be BANNONITE type American coups in most countries in Latin America that have elected democratic govts financed By The Neoconservative Globalist Fascist Drives of and Trump and his goombahs .

    Trump has actively chosen to oust democratically elected liberal-governments that came to power
    To deal with the Spanish Colonial Fascism and probells systems that have ruled for hundreds of years.

    Correa of Ecuador was one such liberal who came to power on the premise of reforming the old Fascist-Spanish colonial system that had existed for hundreds of years.
    If Correa had not been in power in Ecuador, Julian Assange would be in Prison or dead now!
    That's changing. There is Bolsonaro who wants to rape the Amazon and build 10 nuke reactors there.
    It will all be like the Banana Republic and American Corporate-Backed rightwing death squad , dictatorships like the ones installed in Guatemala and Honduras where everyone's land is taken and environmental activists are brutally murdered. Where children's only choice is to join a violent gang at a young age. Where the only hope parents see is to become refugees and head north to be abused by the psychotic-psychopath Donald Trump

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