• Basic Glitch@lemm.eeOP
    link
    fedilink
    English
    arrow-up
    43
    arrow-down
    1
    ·
    edit-2
    16 hours ago

    They believe the constitution should be interpreted to uphold the will of a leader/law and order over liberty of the people.

    I’m not saying I disagree with you, just telling you what the legal argument will likely be when they arrest people or return force when people try to defend their home.

    That argument JD Vance made about judges not having the authority to rule against executive decision is not his original argument. Adrian Vermeule is a Harvard constitutional law professor who has been making the argument favoring unchecked executive authority over all other government and executive power over liberty for a very long time.

      • Basic Glitch@lemm.eeOP
        link
        fedilink
        English
        arrow-up
        24
        arrow-down
        1
        ·
        edit-2
        14 hours ago

        Trump has always described himself as the law and order president

        The argument of ivy league legal scholars that are helping run his administration is that the people elected the president. The president’s duty is to do what he believes is best to protect the greatest number of people.

        If Trump says that this is law now, and this law is necessary to protect the country, then individual liberty and rights will have to be secondary for the good of the country

        The Harvard constitutional law professor that created this legal theory is a huge fan of Carl Schmitt.

        Schmitt created the Nazi legal agenda using a similar legal argument which argued the will of the leader should be placed above all written law because it was best for Germany, making the German constitution basically useless.

        This allowed Hitler to legally carry out genocide.

        • Almacca@aussie.zone
          link
          fedilink
          English
          arrow-up
          2
          ·
          edit-2
          3 hours ago

          Such executive supremacy would really only work if the Leader is infallible, and only a simpleton would think such a person exists.

          • Basic Glitch@lemm.eeOP
            link
            fedilink
            English
            arrow-up
            1
            ·
            2 hours ago

            Many people find comfort in authoritarian personalities.

            It’s also possible if you’re just willing to stop paying attention, and believe the people in power are doing what’s best for you. Trust them 😉

        • Dzso@lemmy.world
          link
          fedilink
          arrow-up
          12
          ·
          15 hours ago

          Thank you for explaining, and yes, I get all of that about how Trump and his intellectuals are claiming to be about law and order. My point was a more simple one: it can’t be about law and order if the president is above the law. Maybe we could use the term “order and law” instead, since they’re subjecting the law to the hierarchy of political power.