logoalt Hacker News

jmyeetlast Saturday at 5:14 PM2 repliesview on HN

I haven't yet seen what the legal cover for this use of military action was but there's a lot of guessing it will be the same Authorization of the Use of Military Force that was passed in response to 9/11 [1]. Yes, seriously.

The actual reason is that the Supreme Court has made Trump a dictator and Congress has abdicated any responsibility on checking the power of the president.

The people behind this don't call Trump a dictator. They couch it in softer, more legalistic language. It's called the unitary executive theory [2].

FWIW (not much), you can say that this kind of thing isn't unprecedented for a US President. I'm referring specifically to Panama's General Manual Noriega [3].

[1]: https://www.congress.gov/107/plaws/publ40/PLAW-107publ40.pdf

[2]: https://en.wikipedia.org/wiki/Unitary_executive_theory

[3]: https://en.wikipedia.org/wiki/United_States_invasion_of_Pana...


Replies

abigail95last Sunday at 3:27 AM

He has delegated authority, from congress, to do this. Rephrase please. This is not abdication. Are you a Chevron deference die hard too? Yes the executive and legislature didn't turn out exactly as the framers intended - deal with it in healthier ways than calling him a dictator.

You misunderstand unitary executive theory. It's not completely settled law but most of it is and requires your own interpretation of Vesting - but that has nothing to do with what happened in Venezuela so I'm not sure why you bring this up.

Unitary executive is about executive power. Go read some opinions about it, even the 5-4 opinions don't have much daylight between them. If you can cite AUMF you can read judicial review of the executive. It is so annoying to have taken the time to read these things and then come across some nitwit saying unitary executive is a softer way of saying dictator. Go say that in a law school.

8notelast Saturday at 11:07 PM

unitary executive and dictator are different things.

a unitary executive cant make new laws, but a dictator can

show 1 reply