Originally Posted by
Jarod
Since you refuse to identify any particular language that you claim gives the President "Emergency Powers", I will use some portions of your link.
First I will point out that you link is simply someone's article and opinion and that the FACTS presented in your link do not support your claim, only the opinion.
The First Paragraph:
"The President of the United States possesses certain powers to act in emergency situations." (opinion) "Though such “emergency power” is not specifically expressed in the Constitution," (FACT) the Executive Branch is designed to be able to act quickly in times of war or national emergency. Because emergency power is not specifically stated in the Constitution," (FACT) its scope is somewhat limited, typically extending only to situations that compromise or threaten the safety or well-being of the public." (OPINION) "To explore this concept, consider the following emergency power definition."
You see, Damocles has used an age old trick of combining fact with opinion to try to trick the reader into believing the opinion is fact. A true strict constructionist would see that those who have the opinion that the president has special "emergency powers" if he declares an emergency, are STRETCHING the Constitution beyond where the founders intended. Though history despots have used a hyped emergency to claim "emergency powers" and anoint themselves King. The founders knew this and protected us from that by refusing to grant the President of the United States the Constitutional power to grant himself additional authority by declaring an emergency.
I find it funny that, out of love for President Rump, people who consider themselves Strict Constructionists are willing to undermine this philosophy to extend this ideology to the despot Don Trump.
Yes, presidents have usurped "emergency powers" in the past, to do patiently unconstitutional things, like when Roosevelt imprisoned Asian Americans in prison camps. Promoting the idea that the President has this authority is dangerous and WRONG.
He argues that because Congress passed a bill limiting "emergency powers" is evidence that these powers exist, that is putting the cart before the horse. Congress can limit my power to cut myself a huge slice of cheese from the moon, it does not change that I never had that power in the first place.
Now, say I am wrong, for political reasons all you want, I am not wrong here.
The FACT remains that DAMOCLES cannot point to any portion of the CONSTITUTION that grants these mythical powers to the President. This was the intent of the founders for a very specific reason. To pretend otherwise is simply wrong.
But you ignore the first sentence. Which begins with a direct and opposite statement from your original assertion that the President has no emergency powers. The FACT (stress is imitative) remains, Jarod, that the President does indeed have emergency powers. You didn't say, "in the constitution" you said, "There is no such thing as emergency powers of the president." (I've put the quote below so you can find it as you've demonstrated an inability to read, or, in this case, to tell the truth of what you stated.)
Originally Posted by
Jarod
There is no such thing as emergency powers of the president.
I then proceeded to tell you how it was used in the past, gave you SCOTUS rulings on it, and noted what specific legislation, when it was passed, why it was passed, and that now defines those powers, their limitations, and the President's ability to use them. I did that to tell you that this blanket statement in this specific quote was flat wrong.
Last edited by Damocles; 01-07-2019 at 06:29 PM.
Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but rather we have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit.
- -- Aristotle
Believe nothing on the faith of traditions, even though they have been held in honor for many generations and in diverse places. Do not believe a thing because many people speak of it. Do not believe on the faith of the sages of the past. Do not believe what you yourself have imagined, persuading yourself that a God inspires you. Believe nothing on the sole authority of your masters and priests. After examination, believe what you yourself have tested and found to be reasonable, and conform your conduct thereto.
- -- The Buddha
It is the mark of an educated mind to be able to entertain a thought without accepting it.
- -- Aristotle
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