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Trump administration 2024-2028

HavokFour said:
He's really testing the waters now. Between this and him normalizing the use of the military on US soil, things are genuinely starting to look very scary. The impending response from SCOTUS is going to be the make or break I think, for a lot of instability within our southern neighbor.

nypost.com

Trump signs executive order banning flag burning —warns those who desecrate flag will get a year in jail

The Department of Justice will be tapped to probe incidents of flag-burning.
nypost.com nypost.com
Click to expand...
My understanding is the scope of presidential executive order is limited to the operation of the federal government and its departments. I'm not aware he has the authority to make law. Then again, the courts, many states and Congress seem to have rendered themselves irrelevant in the face of their constitution.

On that note, he signed another EO ending 'no cash' bail. I suppose he has authority over DC but it seems he is using the power of the federal purse to leverage states to do the same.

www.reuters.com

Trump signs orders aimed at ending cashless bail policies

Trump promised to take on cashless bail as part of his tough-on-crime approach in the presidential race.
www.reuters.com www.reuters.com

It the same reason the every US state has the same legal drinking age; the federal government make highway funding grants conditional on states imposing a drinking age of 21.
 
HavokFour said:
He's really testing the waters now. Between this and him normalizing the use of the military on US soil, things are genuinely starting to look very scary. The impending response from SCOTUS is going to be the make or break I think, for a lot of instability within our southern neighbor.

nypost.com

Trump signs executive order banning flag burning —warns those who desecrate flag will get a year in jail

The Department of Justice will be tapped to probe incidents of flag-burning.
nypost.com nypost.com
Click to expand...
Has SCOTUS not already ruled that flag burning is protected speech?

See: Facts and Case Summary - Texas v. Johnson
 
In Russia, you fall through those damn hospital windows that don't seem to want to shut down. In the USA, you are alleged to have committed mortgage fraud.

dapaterson said:
SCOTUS has abandoned stare decesis.
Click to expand...

There is no such thing as Stare Decisis for a Supreme Court. Only a High Prudence unwritten rule that basically states that they should not be inclined to easily reverse one of their past decision without very good reasons and supported by strong reasoning as to why the past decision should be reversed. Stare Decisis binds lower tribunals and courts only.

In the case of flag burning here, all the courts below the SCOTUS would be bound to find the executive order to be unconstitutional, I would suspect even by way of very, very summary judgement. And if it doesn't feel like changing, the SCOTUS could very easily say nothing and just as quickly deny permission to appeal (I suspect that is what they would do here because they already have a huge docket and aren't looking for more work on something stupid such as this).

I can see cases going very fast:

At arraignment, Flag-Burner pleads Not Guilty, but admits to burning flag and to doing so as a political statement against the President's EO. Next, his lawyer moves for immediate summary dismissal on two basis: EO's are not laws and SCOTUS as already decided flag burning is protected free speech that cannot be sanctioned and this position binds you. Court turns to US Attorney: "Can you show me a SCOTUS decision that reverses that, Attorney?" Waffle, waffle, waffle. Court: Case dismissed, this EO is patently unconstitutional.

Appeals Court is just as fast a few weeks later, with the same result. Within 5 days of US Attorney asking for permission to appeal, SCOTUS denies permission.

End of EO.

Some of these things can be quick, sometimes, even in the US with its "wall of molasse" (an apt description of the US system of courts and jurisprudence that was once made by a Harvard Law School professor).
 
lenaitch said:
And today in the Oval Circus;

Trump fires the Chair of the Federal Reserve:

www.theguardian.com

Federal Reserve governor Lisa Cook to sue Trump administration over its attempt to fire her

Cook’s attorney said the president has ‘no authority’ and ‘lacks any factual or legal basis’ to fire the Fed governor
www.theguardian.com www.theguardian.com

and is establishing a 'special National Guard unit' to fight crime in the streets:

Click to expand...

Should be interesting to see, especially as she's fighting back saying he has no actual authority, and SCOTUS has previously upheld the Fed needs to be independent from the Executive to be effective.

But given the success they've had after stacking their decks, wouldn't be surprised if SCOTUS again bent in circles to please the Tangerine Tsar and undermined the entire American economy and confidence of investors by changing their minds. No big deal if an organization tasked in making unpopular decisions on the economy of the country is subject to the whims of politicians is it?
 
Navy_Pete said:
Should be interesting to see, especially as she's fighting back saying he has no actual authority, and SCOTUS has previously upheld the Fed needs to be independent from the Executive to be effective.

But given the success they've had after stacking their decks, wouldn't be surprised if SCOTUS again bent in circles to please the Tangerine Tsar and undermined the entire American economy and confidence of investors by changing their minds. No big deal if an organization tasked in making unpopular decisions on the economy of the country is subject to the whims of politicians is it?
Click to expand...
The question we should be asking is how to attract any investors spooked about potential banana republic shit in the states.
 
PrairieFella said:
The question we should be asking is how to attract any investors spooked about potential banana republic shit in the states.
Click to expand...
I guess it depends if it's working for or against them. If you can get him on your side with some cheap compliments and by staying at one of his hideous hotels probably happy about it (and who knows what a private jet or huge loan to your son in law buys). But when you see him weaponizing it against people that annoy him, and how quickly he turns on former allies, probably a risk/reward roll of the dice.

I think the prospect of unreliable material costs from all the tariffs they would pay is going to have a long term impact, but a lot of this stuff has a long lead time so who knows.

THe stock market is completely irrational though, so probably going to be all over the place, with the big impact on ordinary consumers now paying a lot more for groceries, gas and other staples. As well as millions without health insurance now, and FEMA, NIOSH and other government agencies being gutted expect there will be some massive disasters coming down the pipes with no one to figure it out.

But they are owning the libs, so guess it's all good.
 
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