* Erik’s Editorial: The Guilty Parties Who Put American Democracy At Risk In The Name Of Donald Trump

US White House upside down (public domain).

I do not fault stupid people for making the stupid decision to elect Donald Trump in 2016.

I do fault smart people for making stupid decisions. These include:

1. Senators who voted to acquit Donald Trump in his no-witnesses-allowed impeachment trial, including primarily Senate majority leader Mitch McConnell:

* Impeachment of Donald Trump (2020-02-05)
https://en.wikipedia.org/wiki/Impeachment_of_Donald_Trump#Acquittal

* Mitch McConnell (2020-02-05)
https://en.wikipedia.org/wiki/Mitch_McConnell#Impeachment_trial

2. Members of the GOP who voted to disenfranchise voters in Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin – before, during, and AFTER the 2021 storming of the United States Capitol – including Paul Gosar (AZ-04), Ted Cruz (R-TX), Jody Hice (R–GA-10), Mo Brooks (R–AL-05), Scott Perry (R–PA-10), Josh Hawley (R–MO), and Louie Gohmert (R–TX-01).

* 2021 Storming Of The United States Capitol (2021-01-06)
https://en.wikipedia.org/wiki/2021_storming_of_the_United_States_Capitol

* 2020 United States Presidential Election Electoral College Count (2021-01-06 – 2021-01-07)
https://en.wikipedia.org/wiki/2020_United_States_presidential_election_Electoral_College_count

3. Donald Trump’s cabinet, who could have invoked the 25th Amendment to remove POTUS at any time:

* Cabinet Of Donald Trump (2017-01-21 – PRESENT)
https://en.wikipedia.org/wiki/Cabinet_of_Donald_Trump

4. Social media, including especially Facebook and Twitter, for allowing their social networks to be used as platforms for hate speech.

* Donald Trump On Social Media (2017-01-21 – PRESENT)
https://en.wikipedia.org/wiki/Donald_Trump_on_social_media#2021

5. Mainstream media, including especially CNN (on the left) and Fox News (on the right) for not doing their jobs – asking questions until they get answers – and allowing POTUS to lie unchecked.

* Veracity Of Statements By Donald Trump (2017-01-21 – PRESENT)
https://en.wikipedia.org/wiki/Veracity_of_statements_by_Donald_Trump

6. Lawmakers at all levels, for failing to fix bad laws and for failing to enact good laws. Changes that must be made going forward include:

Limiting POTUS power:

  • Executive order power must be limited.
  • All cabinet members (acting/interim/actual) must be confirmed by Senate.
  • Treaties and tariffs must be the role of Congress so that POTUS cannot engage in trade wars.
  • War Powers Act must be updated to limit POTUS power to deploy the military.
  • Special Counsel Act must be updated to make clear that POTUS cannot fire special counsel.

Writing better and new laws:

  • Impeachment Act of 2021, to define how impeachment is conducted, including the requirement to have witnesses.
  • Follow the lead of The Restatements Of The Law project (https://en.wikipedia.org/wiki/Restatements_of_the_Law) and codify major SCOTUS cases, including especially Roe v. Wade.
  • Fix the Census.
  • Fix immigration.
  • Fix SCOTUS processes, such as limiting appointments to 2 per POTUS with the number of SCOTUS justices fixed at the number of Federal Circuits (currently 13).
  • Election reform, including who is qualified to run for POTUS and that tax forms must be disclosed to do so.

Just to name a few.

Stupid people, bad laws, and lies got us into this mess.

Smart people, good laws, and the truth can get us out of this mess.

LAW >> MAN.

#FailedPols
http://www.failblog.com/

Trump and His National Emergency

What happens if Trump declares border crisis a national emergency? | Fox News [2019-01-05]

President Donald Trump: ‘I Could’ Declare National Emergency For Border Wall Funding | NBC News [2019-01-04]

With the U.S. government’s partial shutdown now in its third week, Donald Trump says he is considering declaring a national emergency in order to build the U.S.-Mexico border wall he campaigned on. Trump met on Friday, January 4, with senior Democrats, who continued to refuse his demand for federal funding for the wall, which, according to Trump, is a condition for Trump’s supporting funding to re-open the government. The government shutdown occurred as a result of the failure of lawmakers and Trump to reach an agreement in December on a budget bill.

When asked whether he had considered using his presidential authority to declare a state of national emergency in order to bypass Congress’ approval for funding a border wall, Trump said, “I may do it. We can call a national emergency and build it very quickly. That’s another way of doing it.”

Budget experts, however, say that Trump would still need for funds to be allocated by Congress, even if he could declare a national emergency.

Though a bill for funds to re-open the government passed the House on Thursday, January 3, it can’t take effect unless the GOP-controlled Senate also passes it. Senate leader Mitch McConnell has said that Republicans will not back a bill without Trump’s support.

Meanwhile, roughly 25 percent of federal government operations remain un-funded. The departments of Justice, Housing, Homeland Security, Commerce, Agriculture, the Interior, and the Treasury are heavily impacted, and national parks, left unstaffed, have begun to be hazardous to visitors. Approximately 800,000 federal employees are either furloughed, or continue to work without pay.

Many lawmakers and legal experts say that Trump does not have the authority to declare a state of national emergency in order to build a border wall.

Representative Adam Schiff (D-Calif), said, “Look, if Harry Truman couldn’t nationalize the steel industry during wartime, this president doesn’t have the power to declare an emergency and build a multibillion-dollar wall on the border.”

Adam Smith, incoming House Armed Services Committee chair, said Trump may have the authority, but that it would be challenged. “In this case, I think the president would be wide open to a court challenge saying, ‘Where is the emergency?’ …You have to establish that in order to do this.”

On the other hand, Trump has said the partial government shutdown could go on “for a very long time,” perhaps even years.

“If we don’t find a solution,” said Trump, “It’s going to go on for a long time. There’s not going to be any bend right here.”

With that said, if Trump has the authority to declare a state of national emergency in order to fund and build his border wall, one might wonder why he doesn’t just go ahead and do it.