Posted on 02/19/2019 8:27:34 PM PST by EdnaMode
President Trumps declaration of a national emergency to seek funds for building a wall on the southern U.S. border relies for its authority on the 1976 National Emergencies Act, which gives presidents sweeping powers to address what they declare are urgent crises. But for a historian of modern Germany, its impossible to avoid recalling the way emergency declarations unsettled the Weimar Republic after World War I.
[snip]
At the time, the conservative German theorist Carl Schmitt offered a legal rationale for the exceptional dictator equipped with power to overcome a crisis when parliament was too cumbersome to take needed action. Schmitt was what I have described as a reactionary modernist": an anti-democratic conservative who saw liberal democracy as a formula for national weakness and paralysis. Schmitt saw in the state of the exception a powerful argument for the necessity of authoritarian rule, an argument that contributed to his support for Adolf Hitlers Nazi Party.
The exaltation of the executive and the attack on the importance of the Reichstag were not only a matter of intellectual reflection. From 1930 to 1932, Chancellor Heinrich Brüning governed by presidential decree and eliminated parliamentary authority over the president and the military. Karl Bracher, in his now-classic 1969 study, The German Dictatorship, wrote that from 1930 on, the existence of an authoritarian Presidential government not subject to the will of the people merely served to increase the trend toward radicalism. In July 1930, Brüning dissolved parliament after it refused to support him in his authoritarian rule by emergency law and called for new elections. In the resulting September elections in 1930, the Nazis increased their representation in parliament from 12 to 107 deputies.
(Excerpt) Read more at washingtonpost.com ...
Carter invoked emergency powers twice.
Clinton did it 17 times.
Obammy whatever his real name may be, did it 13 times.
so far, PDJT only 4 times...
did WashCompost complain about the dangers when Carter, Clinton, and especially Hussein O did it????????????????????????????????????????????????????
Sorry, I didn’t see this.
Oh, it’s an oldie but goodie from WW2!
The Left is suddenly concerned about the overreach of executive authority. They had no problem with 0bamas end runs around the Constitution.
Better still, did the Washington Post complain when Clinton burned alive people at Waco, Texas.
Sorry I believe it was bill Clinton and attorney general Janet Reno who ordered the debacle at Waco, and the the crap at Ruby Ridge. The debts owed are old and great but not forgotten. The day will come for the reckoning.
Sorry you were right with your post. Its not forgotten.
I’m sorry also.
And I also believe that they, the Clintons, will pay.
Truly a Compost heap of leftist garbage.
Why didn’t Jeffrey Herf write this during Obama’s two terms? Oh, I know - because the Post is a bunch of biased jerks... Big Bigots... I hope someone sues ‘em for two hundred and fifty million...
I asked on another thread how certain you are of that. Since you repeated it you must have some basis for it. Is that language in the National Emergencies Act statute itself? Because my understanding was that Congress gave POTUS the ability to redirect related funds in a national emergency declared by POTUS and the only way out was for a new law to repeal or amend the Act. But you could be right that Congress can undo it by simple majority of both chambers. I could see the logic in Congress trying to keep some strings of control as a check on Executive over-reach because an ED is reallocation of funds allocated by Congress for other, if related, uses. If so I am surprised the effort isn't underway to pressure GOP in the Senate to strip 5 votes.
I guess the douchebag writer tie saying Obama was Hitler x 13?
Obama never used Emergency powers... /sarc
Yeh, for sure, sarc/. Personally, I was more concerned about The One over reaching than anyone before or since. If he and his goons could have figured out a way to pull it off he would still be in office.
Lincoln used Emergency Powers as well. Is he Hitler? (I am being sarcasticnot looking for a replay of the Civil War.)
But can you prove it? I dont see nothin but a box.
Academics helped the rise of Marxism, world socialism/Communism, and literally 100s of millions of deaths.
"The Weimar constitution, like ours, had classically liberal aspects that guaranteed freedom of speech, assembly, religion and the right to private property. Yet born in the context of near-civil war conditions between right and left, it also gave the nationally elected president the power to dissolve the parliament and hold a new election within 60 days. Its Article 48 gave the president the power, if public security and order were seriously disturbed or endangered within the German Reich, to use the armed forces to restore them or suspend for a while in whole or in part fundamental rights guaranteed by the Constitution such as freedom of assembly and speech."
This under cuts his entire argument. The President's emergency declaration allows him to reallocate United States government funds and resources, period. It grants him no new powers that he does not by law already have.
He has not effected any individual rights or altered posse comitatus, suspended habeas corpus or otherwise given the United States government new powers.
Classic Goodwin's Law...
Snort. Germany is just having the EU do its dirty work for it.
Articles 11 and 13, for example, would have had Hitler’s hearty approval.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.