Posted on 05/15/2019 8:56:25 AM PDT by Will not Live for another Man
Fellow Freepers,
As you all, collectively, are the smartest folks I could bring this to, I bring you this vanity...
Last night, my eighth grade son informed me his history teacher (yes public school, yes I know, the only saving grace is next year he will be in a trade school) told the class that the president could suspend the Constitution in a national emergency.
I dutifully told him that was hogwash, pulled out our Constitution and went through the president's Article II rights and duties. Clearly, suspending the Constitution is NOT one of them.
I composed a nice email to the teacher explaining my son apparently didn't understand the lesson and asking him to correct my son's impression.
The teacher just wrote back with some cockamamie link that claims the president does indeed have that power.
Am I or is the teacher incorrect?
Yes
Can you share the link?
I believe Abe suspended parts of it during Civil War I.
Yes
Certain parts can be ignored during a rebellion.
But mostly no.
One would think that in certain special circumstances the President could “suspend” certain parts of the Constitution for a short period.
The Illinois Butcher™ set the precedence.
I thought it was The Illinois Enema Bandit.
Mainly the writ of habeus corpus, but you’re correct. And he got pilloried for it, even though it was the right (correct and moral) thing to do under the circumstances.
I will share two:
https://www.brennancenter.org/blog/what-president-could-do-if-he-declares-state-emergency
http://www.constitution.org/pub/nam6205a.htm
Lincoln did.
The President can declare Martial Law which partially suspends the Constitution. For example, Habeus Corpus.
Martial Law can only be declared in emergencies where the courts are unable to be in session. For example, a major hurricane with flooding so bad the courts cannot be in session.
It’s called martial law.
With enough public support (enough to forestall impeachment and removal), a POTUS can ignore the Constitution.
See BHO.
Jackson.
Roosevelt
Just to name a few.
No.
I think it’s worth stating that, the president can do anything he wants, if nobody does anything to stop him. Look at Obama.
What parts?
I see what you did there. ;)
Not legally. But there is historical precedent. Lincoln suspended habeus corpus w/o permission from Congress. Woodrow Wilson came very close to being a dictator. And FDR imprisoned American citizens of Japanese ancestry in concentration camps. None of them ever got into trouble for it and leftists tend to treat all three as great presidents.
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