What's Dat Dare Smoke I Smell???
I love the analysis in the fine article … I have set it up to fit the blog … it’s a terrific
read.
Trump is engaging in an arguably thuggish,
demagogic campaign, staking out controversial and offensive positions but most
troubling of all is that he comes across as wanting to defy the
Constitution (as stated below and highlighted).
Facts: The president pledges upon taking the oath
office this in part: “…preserve, protect and defend the Constitution.”
(Note: The actual oath office — 35 words): “I (state full name) do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”
(Note: The actual oath office — 35 words): “I (state full name) do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”
- Any president is obliged to uphold the separation of powers and Bill of Rights.
- Any president is in charge of the military, the intelligence community, the Justice Department, and the IRS.
- Any president is obligated to respect restrictions on presidential power.
Two applicable quotes:
- President Lincoln called the Constitution “the only safeguard of our liberties.”
- Supreme Court Justice Felix Frankfurter declared: “There can be no free society without law administered through an independent judiciary. If one man can be allowed to determine … what is law [that] means first chaos, then tyranny.”
He questioned Federal Judge Gonzalo Curiel
and is fitness in office to even hear a civil case against Trump University,
Trump has attacked the media most-recently in response to the Orlando attack.
He excoriated Judge Curiel, who was born
in Indiana, as a “Mexican” whose “hostility” disqualifies him on the suit
against Trump U, and he threatened, if elected, to retaliate by bringing a
civil suit against Curiel.
Trump then stated he might make similar
allegations about any Muslim judge in a similar case.
Constitutional Impact: These are racial and religious bigotry and challenges to Article VI of the Constitution that has a clear prohibition against religious tests.
Trump attacked NYS AG Eric Schneiderman, who is suing Trump University, as unfit.
Constitutional Impact: These two attacks (Judge Curiel and AG Schneiderman) raise concerns as to whether Trump would respect the judiciary’s powers and autonomy delineated in Article III of the Constitution.
Constitutional Impact: These are racial and religious bigotry and challenges to Article VI of the Constitution that has a clear prohibition against religious tests.
Trump attacked NYS AG Eric Schneiderman, who is suing Trump University, as unfit.
Constitutional Impact: These two attacks (Judge Curiel and AG Schneiderman) raise concerns as to whether Trump would respect the judiciary’s powers and autonomy delineated in Article III of the Constitution.
Trump and the press – where he appears to have little regard for them and their role as outlined in the 1st Amendment, which prohibits abridging freedom … of the press.
For example, Trump has banned several
major news organizations from attending his events.
Trump has excoriated Jeff Bezos, new
Washington Post owner and Amazon CEO, for buying the Post to protect his own
corporate interests. He has threatened Bezos and the Post by warning: “if
I become president, oh do they have problems.”
Constitutional Impact: This raises the specter of a politicized Justice Department and IRS targeting them like
Nixon used them in Watergate years ago.
Trump has threatened a number of other
critics. For example:
When the Ricketts family, which owns the
Chicago Cubs, gave $3 million to the “Never Trump Movement,” he warned them:
“They better be careful, they have a lot to hide!” Thus voters were left
to wonder whether Trump would retaliate, if elected.
Trump repeated controversial statements
about Muslims after the Orlando ISIS-inspired terrorist attack. Trump has
said he would ban Muslim immigrants and visitors to the US, and immigration
from countries wracked by terrorism. He states he may place Muslims in a
national registry to be tracked, close mosques and dispense with
terrorism-related warrants.
Trump pledges to employ torture against
ISIS and target family members of terrorists (Note: as I have said in other places torture of any kind is illegal, unlawful, and a war crime
and has been for decades).
Constitutional Impact: Most if not all of these proposals and warning and such all challenge the 4th, 5th, 6th, and 14th Amendments. They clearly defy prohibitions
against unilateral suspensions of writs of habeas corpus and warrantless or
unreasonable searches and seizures, as well as the right to due process and
equal protection under the law. Banning Muslim immigration may violate the
1st Amendment prohibition of laws restricting religious freedom.
If Trump were to employ torture or target
innocents in military operations, this would violate the Geneva Convention and
if he sanctioned torture of any kind against alleged Jihadists or terrorist
detainees in the U.S., which would clearly violate U.S. law and the
Constitution specifically.
Trump’s view of the 14th Amendment is
particularly controversial.
He denies it grants citizenship to the
children of illegal immigrants born in the US. The 14th Amendment clearly
does so.
Trump denies the right of due process for
illegal immigrants. The 14th Amendment declares “The validity of the
public debt of the [US] … shall not be questioned.”
Notwithstanding, Trump says he may reduce
US debt by persuading or pressuring creditors to accept less than full payment.
Trump notes President Obama has “led the
way on executive orders,” all the while he pledges to emulate him by rescinding
Obama’s executive orders, regulations, and international agreements based
solely on executive branch authority of his own.
The oath of office obligating the occupant
to uphold the Constitution would appear to disqualify Trump by his own words
and proposed actions.
He demonstrably takes exception to many
Constitutional tenets. The voters must decide whether Trump’s
constitutional views preclude him from becoming president by asking: “Do his words and promises matter
or not?”
If only for show – then we can catch a
good movie, if not then we are headed for big trouble if Trump were to elected
– it’s that simple.
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