berg80
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- Oct 28, 2017
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The Meaning of Article II and 'Executive Power' to Trump
President Trump has cited Article II to justify everything from deportations to firing civil servantsāthese assertions present a challenge to constitutional order.During his first term, President Trump proclaimed, āI have an Article II, where I have the right to do whatever I want as president. But I donāt even talk about that.ā In his second term, Trump has talked about Article II a lot. In doing so, he has asserted that he has the authority to violate statutes passed by Congress and orders and precedents of the courts.
In the two months since his inauguration, the government has taken the position in ongoing litigation that Trumpās actions prevail over statutes like the Civil Service Reform Act, the Impoundment Control Act, and the Administrative Procedure Act. Meanwhile, Trump has also openly ignored the Supreme Courtās decision in Humphreyās Executor and a district court order limiting the deportation of individuals from Venezuela.
Aggregating the administrationās assertions about Article II reveals the challenge that Trumpās vision presents to constitutional order. He has asserted that Article II contains implied powers to remove all subordinates within the executive branch, control spending, punish national security threats, deport immigrants without due process, and ignore judicial orders related to foreign affairs. Many of these actions conflict directly with the express or implied will of Congress and the Supreme Court. At times, the president may have a colorable argument that a given statute does not apply to the current situation or that a given case recognizes an exception. The continual invocation of Article II in the face of interbranch conflict, however, suggests that the president believes Article II takes precedence over Article I and Article III.
The Meaning of Article II and 'Executive Power' to Trump
President Trump has cited Article II to justify everything from deportations to firing civil servantsāthese assertions present a challenge to constitutional order.
The question here is not whether trump is asserting he has expansive power over the entirety of the government (and even areas outside of it) in ways no other prez in history ever has. That is demonstrably, unequivocally, true. The question is also not whether the unprecedented power grab is legally defensible. The question, as posed in the thread title, is "to what end?"
Is his lust for power and complete control a natural extension of his malignant narcissism? Malignant narcissism is a severe personality construct, not officially recognized in the DSM-5, that combines traits of narcissistic personality disorder (NPD) with antisocial personality disorder (ASPD) and paranoia. It is characterized by an inflated sense of self-importance, a need for admiration, a lack of empathy, and a tendency towards aggression, manipulation, and sadism. Malignant narcissists may also exhibit paranoia, feeling threatened or persecuted, and engage in manipulative or abusive behavior without remorse.
Or is there an even more nefarious design afoot. Is this a conscious attempt to change the nature of governance in the US? Does he have innate authoritarian impulses he can not suppress, surrounding himself with enablers who never question those impulses? Or has the end game always been to transform the nation in to an autocracy?
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