“Federal law says the president of the United States may only call state National Guard members “into Federal service” when certain specific conditions are met, such as when “there is a rebellion or danger of rebellion against” the federal government, or when “the President is unable with the regular forces to execute the laws of the United States.”
According to President Donald Trump, he alone gets to decide when or if such conditions exist. Or, as Trump recently argued in a legal filing to the U.S. Supreme Court, “such decisions are committed to the discretion of the President and are unreviewable” by the federal courts.”
“this supposed civil libertarian also wrote the majority opinion upholding concentration camps for innocent American citizens. And Black did not even express any public regret over his Korematsu ruling in the decades to come. “It is noteworthy,” the legal scholar Stanley Kutner once observed, “that in an interview shortly before his death, Justice Black maintained that both the President and the Court had been right in their wartime actions.”
According to Black, the outcome in Korematsu was dictated by the existence of emergency conditions and the resulting judicial deference owed to the executive branch. “The military authorities considered the need for action was great, and time was short,” Black declared. “We cannot—by availing ourselves of the calm perspective of hindsight—now say that at that time these actions were unjustified.”
Writing in dissent, Justice Frank Murphy, another Roosevelt appointee and ardent New Dealer, argued that the president’s actions were, in fact, clearly unjustified at the time he took them. “It is essential that there be definite limits to military discretion, especially where martial law has not been declared,” Murphy wrote. “Individuals must not be left impoverished of their constitutional rights on a plea of military necessity that has neither substance nor support.””
“In 1935, the U.S. Supreme Court unanimously held that President Franklin Roosevelt acted illegally when he tried to fire an anti-New Deal commissioner from the Federal Trade Commission (FTC). The FTC “cannot in any proper sense be characterized as an arm or an eye of the executive,” declared the Court in Humphrey’s Executor v. United States. “We think it plain under the Constitution that illimitable power of removal is not possessed by the President in respect of officers of the character of those just named.”
But that was then. More recently, the Supreme Court has all but announced that Humphrey’s Executor faces imminent judicial execution, an outcome that would allow President Donald Trump (and every president who succeeds him) to fire “independent” agency heads at will.”
“The Supreme Court is allowing President Donald Trump to keep a Biden-appointed member of the Federal Trade Commission out of her post for at least three more months, despite a century-old federal law aimed at limiting the president’s power to fire such officials for political reasons.
The justices said Monday they will hear arguments in December about whether that law unconstitutionally interferes with the president’s ability to control the executive branch. If the court strikes down the law — as many legal experts expect — it will further hobble Congress’ ability to insulate the leaders of regulatory agencies from political pressure.”
“Whether he is waging the drug war, imposing tariffs, deporting alleged gang members, or fighting crime, the president thinks he can do “anything I want to do.””
Trump is using the power of the federal government to arrest and harass people in his way or who even criticize him.
Trump is using the presidency to enrich himself.
Trump is using powers not given to him by the Constitution, and the Supreme Court is not stopping him in many cases.
Trump is using the military to patrol and intimidate U.S. cities.
Trump is using ICE to assault, arrest, and deport people without due process.
Trump fires statisticians because the actual stats make him look bad.
Trump fires analysts because he doesn’t like the accurate information they bring him.
All over the government and military, Trump has fired watch dogs whose job it is to report corruption and abuses of power.
Trump uses the government’s power to limit what major media outlets can say.
Trump gets legitimate prosecutions dropped because he wants the accused as a political ally.
Trump uses the pardon power based on whether the guilty are his political allies, rather than whether they are unjustly being punished.
Trump fires prosecutors for legitimately prosecuting his political allies.
Trump’s advisors and business leaders suck-up to Trump like he is a monarch or a dictator, showering him in bullshit praise that would be a sarcastic insult to anyone else.
The Trump family makes money from dictatorships who want things from the United States.
By these actions, Trump is greatly damaging U.S. democracy. If you don’t recognize this, you either have not been paying attention, or you suffer from Trump Derangement Syndrome. U.S. democracy is under attack, and most people don’t even know it’s happening.
“Chief Justice John Roberts is allowing President Donald Trump to put a Joe Biden-appointed member of the Federal Trade Commission out of her post while the Supreme Court considers a longer-term resolution of the legal battle over her firing.”
So, whether it’s legal or not, Trump gets to go ahead and do it, and even if it turns out to not be legal, much damage will be done and the law ineffective.