Trump Can Become Dictator Due to a Loophole in the Constitution
This topic contains 122 replies, has 9 voices, and was last updated by _Robert_ 4 years, 11 months ago.
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July 7, 2019 at 2:03 am #26883
Many people regard The United States Constitution as a work of political genius. And yet, it has a fatal loophole that allows the President to name himself dictator.
Let’s suppose Donald Trump loses the 2020 election. Or, if he wins in 2020, that he’d like to continue as President, perhaps for life like Russia’s Putin or China’s Xi.
He just decides to stay. Maybe he declares the election(s) null and void. The Democrat winner appeals to The Supreme Court. Despite his packing of the Court with conservatives, they rule against him.
Now for the loophole.
The framers of The Constitution gave the Supreme Court NO enforcement power. The Enforcement of Federal laws and court decisions lay in the hands of The Executive Branch.
And guess who everyone in The Executive Branch answers to.
That’s right. Donald Trump.
We may soon be living in a dictatorship. In a sense, perhaps we already are.
July 7, 2019 at 2:57 am #26884“Many people regard The United States Constitution as a work of political genius”
Yes, I believe that’s true. My opinion is that the US declaration of Independence and Constitution are at the same time probably two of the most inspired political documents ever written and among the most cynical and disingenuous.
“The framers of The Constitution gave the Supreme Court NO enforcement power”
Not directly, but US Supreme Court decisions are generally accepted by lower courts as law. One of the most famous examples is Roe vs Wade (1973)
The hypothetical you mention is fascinating. The kind of thing which could edge the US into civil war. I’d pay to see that.
Part of the genius of the ‘founding fathers’ was to draft a document which met the needs of the time — AND having the wit to understand that needs change, allowing for amendments Also making amendments relatively easy to obtain, with only 2/3 of congress agreeing.
The US constitution can be amended to give the Supreme Court any power whatsoever. However, I think that may fall under the broad umbrella of the separation of powers, and probably not seen as a terribly good idea.
To date 33 amendments to the US constitution have been passed.
In Comparison, the Australian constitution can only be amended after a referendum, with the majority of voters agreeing. . Since Federation in 1901, 44 amendments have been proposed. Eight have passed.
But hey, I’m only an ignorant foreigner, what do I know?
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Roe v. Wade, 410 U.S. 113 (1973),[1] was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a “right to privacy” that protects a pregnant woman’s liberty to choose whether or not to have an abortion. However, it ruled that this right is not absolute, and must be balanced against the government’s interests in protecting women’s health and protecting prenatal life.[2][3] The Court resolved this balancing test by tying state regulation of abortion to the three trimesters of pregnancy: during the first trimester, governments could not prohibit abortions at all; during the second trimester, governments could require reasonable health regulations; during the third trimester, abortions could be prohibited entirely so long as the laws contained exceptions for cases when they were necessary to save the life or health of the mother.[4] The Court classified the right to choose to have an abortion as “fundamental”, which required courts to evaluate challenged abortion laws under the “strict scrutiny” standard, the highest level of judicial review in the United States.[5]
July 7, 2019 at 1:18 pm #26895One cynical reason that the Constitution won’t be amended to give The Supreme Court more enforcement power is that a Constitutional Convention (the most practical and likely way to do it) would also place that sacred cow, The 2nd Amendment in jeopardy, too, as well as perhaps a solution to toxic gerrymandering. These are two things the Republicans don’t want changed/fixed.
July 7, 2019 at 6:19 pm #26898Congress would impeach him.
July 7, 2019 at 10:33 pm #26906Congress would impeach him.
HA! Yeah good luck with that. He’s already planning this. He’s not moving over. He fully intends to become a dictator. He already is. I hate to break it to you….We do not live in a democracy anymore.
- This reply was modified 5 years, 2 months ago by Belle Rose.
July 7, 2019 at 11:18 pm #26911We have never lived in a democracy.
I am increasingly concerned that the transfer of power following the current regime will not be achieved without bloodshed.
The American Civil War was the bloodiest and costliest war we have ever fought. The next one will be worse. And our enemies rejoice, because a second Civil War effectively removes the US from the world stage, perhaps forever.
The next election is crucial. It may be our last opportunity to change our current trajectory through administrative and legislative means. It will not be a fair election, of course. Our electoral system was tampered with in the last election and will be again. The only way to overcome that is through overwhelming numbers. People have to turn out in the hundreds of thousands, and they have to reject the current administration. Trump and his minions like to portray themselves as the majority, and therefore representative of the will of the American people, but they aren’t. They never have been.
If a majority of Americans actually start wielding the power they have, we might be able to turn this around. If not, a lot of us are very likely going to die in the next war.
July 8, 2019 at 12:49 am #26912We have never lived in a democracy.
I think we had one. But not since 2016
July 8, 2019 at 1:37 am #26913My perception is that no one has ever had a democracy within the commonly accepted notion of “rule by the majority”.
Athenian democracy was actually rule by referendum. IE all eligible voters voted on all important issues. Voters did not include women or slaves, approx. 2/3 of the population.
Not entirely convinced that a claim of democracy can be made for a country in which 46% of eligible voters do not bother to vote.
As an outsider, the claim that Trump is almost or already a dictator is risible.
Perhaps after some of the following have occurred:
Mainstream newspapers and TV stations are shut down by the government.
An attempt is made to control the internet in the US as they do in China; by having thousand s of techies monitoring ,hacking and blocking.
Trade unions are banned.
Travel is restricted.
Protests are met with lethal force, via armed troops and tanks, such as Tiananmen square in 1989.
Above all, well known public intellectuals and public figures critical of the regime begin to simply disappear and huge numbers of ordinary people are arrested and put in concentration camps.
There are more guns in private hands in the US than there are people. If the kinds of things I’ve mentioned were to happen, there would be armed resistance. Initially, such resistance without organisation against armed troops would end in massacres. Resistance would almost certainly lead to a civil war. Opponents possibly supported by China, because it would be in their interest. Probably through a proxy.
Written down, it all seems a bit ridiculous to me, at least at this stage. Right now the US has a very right wing government. However, there is a world of difference between a right wing government and a fascist dictatorship. I think the US has a long way to fall before that is the case .
As I’ve said before; I’m only an ignorant foreigner, what do I know?
- This reply was modified 5 years, 2 months ago by Glen D.
July 8, 2019 at 1:45 am #26915As an outsider the claim that Trump is almost or already a dictator is risible.
I’m sure lots of people might laugh at that, but you know this is how dictators get started. People don’t see what’s happening right in front of their eyes before it is too late. I saw it from the very beginning, and now everything I have said or thought was going to happen has happened.
You know we now have concentration camps in this country, and children are dying in them and experiencing all different forms of abuse. That’s just one of many transgressions that this president has done under his watch, and everybody is turning a blind eye and supporting him. Making no mistake about it we are all ready no longer a democracy when a President can break the law as many times as he has and get away with it. And yet we still believe that Congress is going to step in and do something? Hahahaha that’s a good one.
July 8, 2019 at 2:03 am #26916Congress would impeach him.
Either you don’t follow American politics very closely or that was intended as a joke. The Republican Party is now The Party of Trump. The Senate won’t be convicting another GOP President anytime soon, especially given that the last impeached President (and the only one in modern times) was also Republican. Plus, two other things: 1) the love getting their make-the-rich-richer legislation rubber stamped in The Oval Office; 2) it’s just about their last chance to establish an apartheid America with the whites on top and in control of those Big Government-loving darkies. Yes, it’s all about racism.
- This reply was modified 5 years, 2 months ago by Unseen.
July 8, 2019 at 2:53 am #26918July 8, 2019 at 3:09 am #26919“I’m sure lots of people might laugh at that, but you know this is how dictators get started”
I’m not sure that’s true as a broad principle. Seems more like a slippery slope fallacy.
So far, I’ve not interpreted the US situation the same way. However, that’s not to say you’re wrong. You may well be right on the money. I truly hope not, because I think such a situation could easily turn into civil war, and I think the US would never recover.
July 8, 2019 at 3:26 am #26920So far, I’ve not interpreted the US situation the same way. However, that’s not to say you’re wrong. You may well be right on the money. I truly hope not, because I think such a situation could easily turn into civil war, and I think the US would never recover.
I hate to give credence to a conspiracy, but it’s not impossible that Trump is in the service of Putin, who is the real puppetmaster, and that Melania Trump, who grew up in a former Eastern Bloc country, is his handler.
- This reply was modified 5 years, 2 months ago by Unseen.
July 8, 2019 at 3:39 am #26922Either you don’t follow American politics very closely or that was intended as a joke. The Republican Party is now The Party of Trump
XACTLY!!
July 8, 2019 at 3:44 am #26923I hate to give credence to a conspiracy, but it’s not impossible that Trump is in the service of Putin, who is the real puppetmaster, and that Melania Trump, who grew up in a former Eastern Bloc country, is his handler.country, is his handler.
Nobody is his handler. He is 100% self-serving in everything he does. And it always revolves around getting more money and more power. Donald Trump had this planned out years ago… He is an opportunist, and he seized on the moment when our country was most divided to exploit those divisions and take advantage to his own personal gain. He knew what he was doing from day one and he continues to know. That’s why he can so easily create his own chaos and continue to gain support for it. He has people eating out of the palms of his hands. That is also the way dictators get started. They get people behind them and the exact same way. Trust me he is nobodies pawn. He is a psychopath. And a very calculated one. He’s dangerous.
- This reply was modified 5 years, 2 months ago by Belle Rose.
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