How Trump Could Lose the Election—And Still Remain President (1 Viewer)

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brandon

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A piece in Newsweek? Written by . . . Newsweek editors? If you’re gonna summon me to comment can it be something more legit than Newsweek?

My answer is still the same - and I never said ‘everything is fine’, I said that there are systems in our republic’s design that keep it from happening. You can concoct all kinds of ‘emergency powers’ this and ‘coup d’etat ‘ that, it says January 20 in the Constitution. It’s express - it’s not subject to implied power for revision in cases of fake emergency.

And does this Newsweek scenario somehow mean that the Democrats lose the House in the November election (the same election that the president contests as a fraud)? Because if the House is under Democrat leadership, Congress won’t be able to act in support of the president’s claim of emergency powers, even if the Republican Senate were to go along.

That means that any claim to emergency power won’t carry the force of law - it would only be executive in nature, which requires it be either plenary or derived from existing law - which the power to suspend the Constitution’s ‘end of term date’ is neither. There is limited statutory authority for the president to perform certain acts of Congress in an emergency situation, but those relate mostly to appropriations authority and each comes from an existing statute. There certainly is no statue authorizing the president to suspend an election or the end of the presidential term - Congress doesn’t even have those powers anyway.

So any effort from the executive to declare emergency and suspend an election result or end of term, without Congress or the backing in existing law and contrary to express language in the Constitution, is an obvious constitutional crisis of the highest order. The Court, with heavy House objection, in a matter of claim to extraordinary powers, is going to apply the express terms of the Constitution. It just won’t fly because it’s not that easy to end run around the Constitution. By design.

And if Trump thinks the Court is going to support it . . . here’s the thing about thinking you need to appoint “originalists” because you’ve conditioned yourself to think about the Constitution only in terms of the Second Amendment: they’re not going to choose your illegal coup over express language of the Constitution.

I think these fantasies over-sell loyalty to Trump in the institutions of federal government.
Lol, nothing but love, chuck. We’ve hashed this out already. Just ribbing you.
 

zztop

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As scary as this may seem, I think the chances are about as good as when Republicans were spreading FUD about Obama not leaving office and instilling sharia law throughout the nation, or whatever the crackpot conspiracy theory was back in the day
 
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Mr. Blue Sky

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Not even cult Trump could pull that off. As much the Republicans are partisan, even they wouldn't allow it


Just quoting this post for posterity. .. i hope you are right.. but literally nothing would surprise me at this point.
 

brandon

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As scary as this may seem, I think the chances are about as good as when Republicans were spreading FUD about Obama not leaving office and instilling sharia law throughout the nation, or whatever the crackpot conspiracy theory was back in the day
The two situations are not comparable.
 

Saintamaniac

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I read that article. For that to take place, a number of things would have to line up much the same way that the stars aligned to get trump in the white house. That being said, I don't see it playing out that way but the fact that he is in office says that it is definitely possible but to me, no likely.
 

Heathen

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The military would never allow it to happen. If push came to shove, the military would forcibly remove Trump.
And they would. Anything else would be acknowledgment of civil war, and nobody in any position of power no matter how politically biased wants that.
 

The moose

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The military would never allow it to happen. If push came to shove, the military would forcibly remove Trump.

Yep I would think the military that had no national response from the bounties would gladly physically remove him like a bum. Would like to think they would also stack his crap up at the street!

I really don't think that the military has his back anymore.
 

LA - L.A.

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And they would. Anything else would be acknowledgment of civil war, and nobody in any position of power no matter how politically biased wants that.
Yep I would think the military that had no national response from the bounties would gladly physically remove him like a bum. Would like to think they would also stack his crap up at the street!

I really don't think that the military has his back anymore.
I doubt the military intervenes in any way unless given an order they consider to be legal/constitutional. Under the scenarios proposed, it would be unclear to the military who has the legal/constitutional authority to order them to take any action.

The other thing is, the last thing we want is for the military to get any way involved with presidential change of power. That's how military juntas seize power. Yet another reason that I don't think the current military leadership is going to get involved.
 

Saintamaniac

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I doubt the military intervenes in any way unless given an order they consider to be legal/constitutional. Under the scenarios proposed, it would be unclear to the military who has the legal/constitutional authority to order them to take any action.

The other thing is, the last thing we want is for the military to get any way involved with presidential change of power. That's how military juntas seize power. Yet another reason that I don't think the current military leadership is going to get involved.
You might be right but if trump was thinking that he could use the military in any way, that wouldn't work as any orders coming from him would be illegal and they would be duty-bound to refuse it.
 

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