#executive-power — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #executive-power, aggregated by home.social.
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Trump Jr Refinery Stake Puts India Tariff Reversal Under a Harsh New Light
Trump Jr Refinery Stake puts a Texas refinery deal, India tariffs, and Reliance policy wins under fresh scrutiny.https://thedemocracyadvocate.com/news-to-know/trump-watch/trump-jr-refinery-stake/
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#davidsuper #spendingpower #Congress #executivepower #Trump #OMB
"More broadly, President Trump’s seizure of much of Congress’s Power of the Purse has dramatically reduced Congress’s importance and hence the importance of agencies’ liaison roles. Russell Vought has made clear to agencies that money comes from OMB and that it is OMB, not Congress, that agencies must appease."
https://balkin.blogspot.com/2026/06/the-power-of-purse-iii-shifts-in-power.html
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#davidsuper #spendingpower #Congress #executivepower #Trump #OMB
"More broadly, President Trump’s seizure of much of Congress’s Power of the Purse has dramatically reduced Congress’s importance and hence the importance of agencies’ liaison roles. Russell Vought has made clear to agencies that money comes from OMB and that it is OMB, not Congress, that agencies must appease."
https://balkin.blogspot.com/2026/06/the-power-of-purse-iii-shifts-in-power.html
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#spendingpower #Congress #executivepower #Trump #Republicans #davidsuper
"Today, however, Republican appropriators have sat by meekly as the institution they have worked so hard to lead is humbled."
https://balkin.blogspot.com/2026/06/the-power-of-purse-ii-shifts-in-power.html?m=1
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#spendingpower #Congress #executivepower #Trump #Republicans #davidsuper
"Today, however, Republican appropriators have sat by meekly as the institution they have worked so hard to lead is humbled."
https://balkin.blogspot.com/2026/06/the-power-of-purse-ii-shifts-in-power.html?m=1
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House War Powers Resolution Delivers Rare Rebuke to Trump Over Iran
House War Powers Resolution passes the House in a bipartisan vote aimed at limiting Trump’s authority to continue military action against Iran.https://thedemocracyadvocate.com/news-to-know/war-and-conflict/house-war-powers-resolution/
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"George Washington made the office one of honor. Andrew Jackson, of democratic vigor. Abraham Lincoln brought theretofore unseen energy to the executive and Franklin Roosevelt put the office, and himself, at the center of Washington policymaking. Lyndon Johnson marked the White House with his domineering ambition and Richard Nixon did the same with his crushing paranoia."
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"George Washington made the office one of honor. Andrew Jackson, of democratic vigor. Abraham Lincoln brought theretofore unseen energy to the executive and Franklin Roosevelt put the office, and himself, at the center of Washington policymaking. Lyndon Johnson marked the White House with his domineering ambition and Richard Nixon did the same with his crushing paranoia."
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#SurveySays : Majority of #Americans ( 68% to 21%) oppose #DJT questionable expenditures of $1 billion+ tax dollars on #WhiteHouse vanity #ballroom ...
full #Verasight #poll will be released on Monday
https://www.gelliottmorris.com/p/americans-oppose-spending-1-billion #polling #USGov #FederalTaxes #GOP #ExecutivePower
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#SurveySays : Majority of #Americans ( 68% to 21%) oppose #DJT questionable expenditures of $1 billion+ tax dollars on #WhiteHouse vanity #ballroom ...
full #Verasight #poll will be released on Monday
https://www.gelliottmorris.com/p/americans-oppose-spending-1-billion #polling #USGov #FederalTaxes #GOP #ExecutivePower
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Trump’s secret settlement
https://youtube.com/shorts/_nz15A6X-hM?si=sVghYHMvCuMkcTBr
...even worse...
#executivepower #Trump #doj #settlement #blanche #blacheforprison
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Trump’s secret settlement
https://youtube.com/shorts/_nz15A6X-hM?si=sVghYHMvCuMkcTBr
...even worse...
#executivepower #Trump #doj #settlement #blanche #blacheforprison
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A quotation from Theodore Roosevelt
The most important factor in getting the right spirit in my Administration, next to the insistence upon courage, honesty, and a genuine democracy of desire to serve the plain people, was my insistence upon the theory that the executive power was limited only by specific restrictions and prohibitions appearing in the Constitution or imposed by the Congress under its Constitutional powers. My view was that every executive officer, and above all every executive officer in high position, was a steward of the people bound actively and affirmatively to do all he could for the people, and not to content himself with the negative merit of keeping his talents undamaged in a napkin. I declined to adopt the view that what was imperatively necessary for the Nation could not be done by the President unless he could find some specific authorization to do it. My belief was that it was not only his right but his duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws. Under this interpretation of executive power I did and caused to be done many things not previously done by the President and the heads of the departments. I did not usurp power, but I did greatly broaden the use of executive power. In other words, I acted for the public welfare, I acted for the common well-being of all our people, whenever and in whatever manner was necessary, unless prevented by direct constitutional or legislative prohibition.
Theodore Roosevelt (1858–1919) American politician, statesman, conservationist, writer, US President (1901–1909)
Autobiography, ch. 10 "The Presidency" (1913)More about this quote: wist.info/roosevelt-theodore/3…
#quote #quotes #quotation #qotd #theodoreroosevelt #teddyroosevelt #authority #Constitution #executivepower #government #legaltheory #limitsofpower #power #presidency #president
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A quotation from Theodore Roosevelt
The most important factor in getting the right spirit in my Administration, next to the insistence upon courage, honesty, and a genuine democracy of desire to serve the plain people, was my insistence upon the theory that the executive power was limited only by specific restrictions and prohibitions appearing in the Constitution or imposed by the Congress under its Constitutional powers. My view was that every executive officer, and above all every executive officer in high position, was a steward of the people bound actively and affirmatively to do all he could for the people, and not to content himself with the negative merit of keeping his talents undamaged in a napkin. I declined to adopt the view that what was imperatively necessary for the Nation could not be done by the President unless he could find some specific authorization to do it. My belief was that it was not only his right but his duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws. Under this interpretation of executive power I did and caused to be done many things not previously done by the President and the heads of the departments. I did not usurp power, but I did greatly broaden the use of executive power. In other words, I acted for the public welfare, I acted for the common well-being of all our people, whenever and in whatever manner was necessary, unless prevented by direct constitutional or legislative prohibition.
Theodore Roosevelt (1858–1919) American politician, statesman, conservationist, writer, US President (1901–1909)
Autobiography, ch. 10 "The Presidency" (1913)More about this quote: wist.info/roosevelt-theodore/3…
#quote #quotes #quotation #qotd #theodoreroosevelt #teddyroosevelt #authority #Constitution #executivepower #government #legaltheory #limitsofpower #power #presidency #president
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Trump prison agenda is collapsing badly as broader failures drag his approval down
Trump prison agenda is faltering under legal scrutiny, public backlash, and broader policy failures that are accelerating his sinking approval ratings.https://thedemocracyadvocate.com/news-to-know/u-s-politics/trump-prison-agenda/
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Trump prison agenda is collapsing badly as broader failures drag his approval down
Trump prison agenda is faltering under legal scrutiny, public backlash, and broader policy failures that are accelerating his sinking approval ratings.https://thedemocracyadvocate.com/news-to-know/u-s-politics/trump-prison-agenda/
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The Empire’s New Enforcers: ICE and the Birth of Trump’s Praetorian Guard
Cliff Potts, WPS News
You can tell a lot about a government by the agency it empowers. Under Trump’s second term, the clearest signal of the administration’s intentions isn’t in the laws Congress passed—none of the big changes came from Congress—but in the agency Trump elevated: Immigration and Customs Enforcement. ICE has always been large, always aggressive, and always controversial. But it was never explicitly political. Not until now.
Since January 20, 2025, ICE has undergone a transformation that should worry anyone who still thinks the Constitution—not the presidency—sets the limits of federal power. What we’re seeing is not the creation of a secret police force or a cartoonish dictatorship. It’s something older, quieter, and historically far more accurate: the emergence of a Praetorian Guard—a force inside the state whose loyalty bends toward the leader instead of the law.
Administrative Power Becomes Personal Power
Most Americans don’t realize ICE carries its own version of a warrant. It’s called an “administrative warrant”—signed not by a judge, but by an ICE officer. These forms were originally intended for limited, civil immigration operations. Under Trump 2.0, they’ve become a shortcut around the Fourth Amendment and a license to act on political priorities.
In practice, these warrants now function like imperial seals: documents used to justify raids, interrogations, and detentions without the inconvenience of judicial oversight. Anyone in the crosshairs—immigrant communities, sanctuary officials, journalists documenting abuse—can be swept into these operations. The paperwork is clean. The legality is gray. The real purpose is pressure.
Fear as a Policy Tool
One of the oldest tactics of the Praetorian Guard was not violence but presence—showing up, unannounced, where the emperor wanted fear to travel. ICE has adopted the same strategy. “Knock-and-talks” now appear in neighborhoods known not for immigration violations, but for political opposition: immigrant-rights organizers, city council members resisting federal mandates, faith groups hosting asylum seekers.
These operations often rely on residents not knowing their rights. No judicial warrant. No obligation to open the door. But the implication of consequences—vague, undefined, and intimidating—is usually enough. The power isn’t in what ICE does; it’s in what people fear it might do.
The Fusion of Agencies
The Praetorian Guard didn’t operate alone. They blended with other forces, pulling power from their proximity to the emperor. ICE today follows that same arc. “Fusion” teams with U.S. Marshals and select state police blur lines of accountability, allowing operations in areas where local officials refuse cooperation.
This blurring isn’t a bureaucratic accident—it’s a feature. When authority becomes cloudy, loyalty, not law, becomes the deciding factor. That’s why Rome fell into the hands of emperors the Guard preferred. And it’s why ICE’s growing fusion culture is so dangerous now.
Surveillance as the New Sword
Instead of daggers, ICE has something more powerful: data. Through partnerships with Palantir, Clearview AI, DMV databases, and utility companies, ICE now holds one of the most comprehensive domestic intelligence networks in the country. Originally sold as tools to track criminals, these databases increasingly sweep in activists, observers, and critics.
This is the new Praetorian playbook: keep a list—not of enemies of the state, but enemies of the ruler’s narrative.
Detention as a Message
ICE’s detention powers allow weeks or months of confinement without criminal charges. Transfers to remote facilities. Restricted access to counsel. Long waits for hearings. Families separated through bureaucratic inertia. These are not accidents. They are soft weapons.
Rome’s Praetorian Guard detained senators to “send messages.” ICE detains asylum seekers, green-card holders, and activists under civil authority. The message lands just as clearly.
The Warning Embedded in History
America is not Rome. But power behaves the same way across centuries. A Praetorian Guard doesn’t take over a nation. It makes sure the person who does take over is never challenged.
ICE is not that far gone. Not yet. But its trajectory—the centralization of discretion, the political alignment, the quiet intimidation, the surveillance apparatus—matches a pattern recognizable to anyone who studies collapsing republics.
If this continues, we won’t wake up in a dictatorship.
We’ll wake up in something worse:
a democracy where power answers to the president first, and the people second.And once a Praetorian Guard forms, it almost never un-forms.
#AmericanDemocracy #Authoritarianism #CivilLiberties #ErosionOfRights #ExecutivePower #federalOverreach #historicalParallels #HomelandSecurity #ICE #immigrationEnforcement #PoliticalIntimidation #PraetorianGuard #SoftAuthoritarianism #Surveillance #TrumpAdministration -
President Trump's government overreach is unlike anything we've seen before - but let's not pretend it's something new. We've give too much power to the executive and it's time the PEOPLE took it back.
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President Trump's government overreach is unlike anything we've seen before - but let's not pretend it's something new. We've give too much power to the executive and it's time the PEOPLE took it back.
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Hypocritically, The Origin Of The Supreme Court’s ‘Shadow Docket’ Was An Attempt To Curb Executive Power
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Hypocritically, The Origin Of The Supreme Court’s ‘Shadow Docket’ Was An Attempt To Curb Executive Power
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Senate Gathers for Familiar Vote: War Powers in Iran Remain With Executive Branch
Senate Republicans voted 47-52 on Wednesday to reject a Democratic measure limiting President Trump's war powers in Iran, continuing a debate on executive authority.
#WarPowersAct, #IranConflict, #SenateVote, #ExecutivePower, #CongressionalOversight
https://newsletter.tf/senate-votes-against-limiting-presidents-war-powers-iran/
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This is the fourth time this year the Senate has voted on limiting the President's war powers in Iran, with the latest vote failing by a margin of 5 votes.
#WarPowersAct, #IranConflict, #SenateVote, #ExecutivePower, #CongressionalOversight
https://newsletter.tf/senate-votes-against-limiting-presidents-war-powers-iran/ -
Trump Invites More Criminal Acts By Promising Pardons To Everyone Who Works For Him
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Trump Invites More Criminal Acts By Promising Pardons To Everyone Who Works For Him
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Executive Dislocation: The 'I-Word' and Legal Recourse
In 2019, Donald Trump called impeachment 'the I-word' and threatened to use the Supreme Court against Congress. See how this changed impeachment.
#TrumpImpeachment, #SCOTUS, #PoliticalStrategy, #ExecutivePower, #2019Politics
https://newsletter.tf/trump-i-word-supreme-court-impeachment-2019/
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In 2019, Donald Trump used the term 'I-word' instead of impeachment and threatened to go to the Supreme Court. This was a new way to fight Congress.
#TrumpImpeachment, #SCOTUS, #PoliticalStrategy, #ExecutivePower, #2019Politics
https://newsletter.tf/trump-i-word-supreme-court-impeachment-2019/ -
Trump distraction politics turning government into a dangerous show
Trump distraction politics reveals how spectacle and culture fights reshape real power and limit scrutiny in governmenthttps://thedemocracyadvocate.com/news-to-know/trump-watch/trump-distraction-politics/
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Trump signature on currency signals alarming precedent
Trump signature on currency marks a historic break from precedent, raising concerns about institutional erosion and personal power in governmenthttps://thedemocracyadvocate.com/news-to-know/trump-watch/trump-signature-on-currency/
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Trump signature on currency signals alarming precedent
Trump signature on currency marks a historic break from precedent, raising concerns about institutional erosion and personal power in governmenthttps://thedemocracyadvocate.com/news-to-know/trump-watch/trump-signature-on-currency/
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Trump Young Voter Betrayal Analysis Exposes Dangerous Disconnect
Trump Young Voter Betrayal exposes how war and rising gas prices are eroding trust among younger votershttps://thedemocracyadvocate.com/news-to-know/u-s-politics/trump-young-voter-betrayal/
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US Marines Middle East deployment signals dangerous escalation
US Marines Middle East deployment signals escalation toward possible ground war as Trump contradicts campaign promise of no new warshttps://thedemocracyadvocate.com/news-to-know/war-and-conflict/us-marines-middle-east-deployment/
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US Marines Middle East deployment signals dangerous escalation
US Marines Middle East deployment signals escalation toward possible ground war as Trump contradicts campaign promise of no new warshttps://thedemocracyadvocate.com/news-to-know/war-and-conflict/us-marines-middle-east-deployment/
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SMACKDOWN!
Motion to dismiss - DENIED by U.S. District Court Judge Tanya Chutkan allowing a Federal Lawsuit accusing Elon Musk of illegally exercising executive powers as the head of DOGE to move forward.
Net-net the court ruled that Musk took actions in DOGE “despite lacking lawful authority.” https://www.thedailybeast.com/donald-trumps-bid-to-kill-embarrassing-elon-musk-lawsuit-fails-miserably/
DL the Court's Ruling here: https://storage.courtlistener.com/recap/gov.uscourts.dcd.277463/gov.uscourts.dcd.277463.119.0_3.pdf #DOGE #Lawsuit #FederalCourt #USGov #ExecutivePower #Government #Fail
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SMACKDOWN!
Motion to dismiss - DENIED by U.S. District Court Judge Tanya Chutkan allowing a Federal Lawsuit accusing Elon Musk of illegally exercising executive powers as the head of DOGE to move forward.
Net-net the court ruled that Musk took actions in DOGE “despite lacking lawful authority.” https://www.thedailybeast.com/donald-trumps-bid-to-kill-embarrassing-elon-musk-lawsuit-fails-miserably/
DL the Court's Ruling here: https://storage.courtlistener.com/recap/gov.uscourts.dcd.277463/gov.uscourts.dcd.277463.119.0_3.pdf #DOGE #Lawsuit #FederalCourt #USGov #ExecutivePower #Government #Fail
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Trump Criticizes Supreme Court Justices Following Tariff Ruling
Donald Trump criticizes Supreme Court justices as 'embarrassment' and 'disgrace' after they blocked his tariffs in a 6-3 vote. Find out why.
#TrumpTariffs, #SupremeCourt, #JudicialReview, #ExecutivePower, #USPolitics
https://newsletter.tf/trump-criticizes-supreme-court-justices-tariff-ruling/
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Trump Criticizes Supreme Court Justices Following Tariff Ruling
Donald Trump criticizes Supreme Court justices as 'embarrassment' and 'disgrace' after they blocked his tariffs in a 6-3 vote. Find out why.
#TrumpTariffs, #SupremeCourt, #JudicialReview, #ExecutivePower, #USPolitics
https://newsletter.tf/trump-criticizes-supreme-court-justices-tariff-ruling/
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Former President Trump called Supreme Court justices an 'embarrassment' after they blocked his tariffs. This ruling limits presidential power.
#TrumpTariffs, #SupremeCourt, #JudicialReview, #ExecutivePower, #USPolitics
https://newsletter.tf/trump-criticizes-supreme-court-justices-tariff-ruling/
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Former President Trump called Supreme Court justices an 'embarrassment' after they blocked his tariffs. This ruling limits presidential power.
#TrumpTariffs, #SupremeCourt, #JudicialReview, #ExecutivePower, #USPolitics
https://newsletter.tf/trump-criticizes-supreme-court-justices-tariff-ruling/
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https://www.levernews.com/how-the-supreme-court-could-legalize-trumps-iran-war/ How The Supreme Court Could Legalize Trump’s Iran War
#IllegitimateSCOTUS
A congressional showdown over the Iran War could provide conservative injustices their long-awaited chance to let presidents launch wars without any limits or authorization.
#WarPowers #executivepower -
https://www.levernews.com/how-the-supreme-court-could-legalize-trumps-iran-war/ How The Supreme Court Could Legalize Trump’s Iran War
#IllegitimateSCOTUS
A congressional showdown over the Iran War could provide conservative injustices their long-awaited chance to let presidents launch wars without any limits or authorization.
#WarPowers #executivepower -
A quotation from Eugene McCarthy
The only thing that saves us from the bureaucracy is inefficiency. An efficient bureaucracy is the greatest threat to liberty.
Eugene McCarthy (1916-2005) American politician, poet, activist
Quoted (1979-02-12), “People: On the Record” section, Time MagazineMore about this quote: wist.info/mccarthy-eugene/5915…
#quote #quotes #quotation #qotd #eugenemccarthy #bureaucracy #efficiency #executivepower #friction #government #inefficiency #liberty #operations #power #redtape
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A quotation from Eugene McCarthy
The only thing that saves us from the bureaucracy is inefficiency. An efficient bureaucracy is the greatest threat to liberty.
Eugene McCarthy (1916-2005) American politician, poet, activist
Quoted (1979-02-12), “People: On the Record” section, Time MagazineMore about this quote: wist.info/mccarthy-eugene/5915…
#quote #quotes #quotation #qotd #eugenemccarthy #bureaucracy #efficiency #executivepower #friction #government #inefficiency #liberty #operations #power #redtape
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Supreme Court Rejects President Trump's Tariffs, Sparking Political Fallout
Supreme Court stops Trump's tariffs. Trump announces new 10% tariffs Friday. This affects trade and presidential power.
#SupremeCourt, #TrumpTariffs, #TradePolicy, #ExecutivePower, #Congress
https://newsletter.tf/supreme-court-blocks-trump-tariffs-new-tariffs/
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The Supreme Court stopped President Trump's tariffs. He then announced new 10% tariffs, which is a big change for trade.
#SupremeCourt, #TrumpTariffs, #TradePolicy, #ExecutivePower, #Congress
https://newsletter.tf/supreme-court-blocks-trump-tariffs-new-tariffs/
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Supreme Court Decision Splits Conservative Justices, Challenging Trump's Authority on Tariffs
Supreme Court ruled President Trump's tariffs were unlawful. Find out why this matters for his agenda and Congress's power.
#SupremeCourt, #TrumpTariffs, #Congress, #ExecutivePower, #TradeLaw
https://newsletter.tf/supreme-court-trump-tariffs-congress-approval/
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WaPo #Trump, seeking #executivepower over #elections, urged to declare #emergency. #maga Activists who say they are in coordination w #WhiteHouse circulating 17 page draft #executiveorder that would unlock extraordinary #presidential power over #voting. #democracy #congress #elections #corruption #martiallaw #ruleoflaw #statesrights #voting #dictatorship read free https://www.washingtonpost.com/politics/2026/02/26/trump-elections-executive-order-activists/?pwapi_token=eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJyZWFzb24iOiJnaWZ0IiwibmJmIjoxNzcyMDgyMDAwLCJpc3MiOiJzdWJzY3JpcHRpb25zIiwiZXhwIjoxNzczNDYwNzk5LCJpYXQiOjE3NzIwODIwMDAsImp0aSI6ImFkMDQzNmM1LWQzNDUtNDFkOS1iN2UwLTlmYmQ2NDM3MWE3OCIsInVybCI6Imh0dHBzOi8vd3d3Lndhc2hpbmd0b25wb3N0LmNvbS9wb2xpdGljcy8yMDI2LzAyLzI2L3RydW1wLWVsZWN0aW9ucy1leGVjdXRpdmUtb3JkZXItYWN0aXZpc3RzLyJ9.JGHgSRGhay4-2V0jz2CQW7k9dx1dnZ_z0oU1u0S_zDM See also Time for the States to Gear Up for Trump’s Fake Elections Exec Order https://talkingpointsmemo.com/edblog/time-for-the-states-to-gear-up-for-trumps-fake-elections-exec-order
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The #SCOTUS ruling comes despite a series of short-term wins on the court’s “emergency docket” that have allowed #Trump to push ahead with extraordinary flexes of #ExecutivePower on issues ranging from high-profile #firings to major federal #funding cuts.
#law #economy #tariffs #inflation #affordability #CostOfLiving #geopolitics
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"To take the true measure of this presidency so far, therefore, we must acknowledge the increasing self-aggrandizement of recent executives, none of whom have been able to consolidate a paradigm shift in American governance, ruling as they all have amid democratic disagreement and legislative gridlock. Roosevelt, by contrast, went from strength to strength, with greater electoral popularity in the 1934 midterm elections and his re-election in 1936.
From this perspective, Mr. Trump — precisely by attempting to do so much with the presidency’s tools, honing their sharpest edges yet further — is showing that no president can reconstruct the political order with brittle support that is the hallmark of presidents in our time.
It would be foolish to declare an end to his time on the stage of presidential history, but he is teaching revealing lessons about the genuine limits of executive power, not just about its nefarious uses."
https://www.nytimes.com/2026/02/02/opinion/trump-roosevelt-executive-power.html
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#SCOTUS tried to address the gap in 1971 in Bivens v. Six Unknown Named Agents, allowing the victim of an #unconstitutional search by #federal agents to sue them. But the court has essentially abandoned that approach, saying instead that #Congress must act if suits against federal ofcls are to be allowed.
[I personally don’t see this SCOTUS dealing with the issue given their stance on expansive #ExecutivePower]
#Trump #law #UseOfForce #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP -
Roberts and Kagan prepare for another showdown on executive power – CNN Politics
Politics 9 min read
Roberts and Kagan prepare for another showdown on executive power
By Joan Biskupic, CNN Chief Supreme Court Analyst, Dec 5, 2025 See all topics
Associate Justice Elena Kagan, left, and Chief Justice John Roberts. Getty Images / ReutersChief Justice John Roberts and Justice Elena Kagan are well matched, rhetorically forceful opposites. And they have been clashing for more than a decade over an increasingly relevant question of presidential power: How easy should it be for the president to fire the heads of independent agencies?
That issue, to be aired at the Supreme Court on Monday, has grown more salient as President Donald Trump has attempted to remove multiple officials, including at the Federal Trade Commission, National Labor Relations Board and Federal Reserve.
Their first faceoff occurred in 2009 before Kagan had even joined the court, as she was serving as US solicitor general, standing in the well of the courtroom, with Roberts looking down from the center chair. They tangled over a 1935 precedent that protects agency independence and that now hangs in the balance, Humphrey’s Executor v. United States.
Since his days as a young lawyer in the Ronald Reagan administration, Roberts has argued for vast executive power, including the authority to fire individuals who lead administrative agencies. “Without such power,” Roberts wrote in the 2009 dispute over a corporate auditing board, “the President could not be held fully accountable for discharging his own responsibilities; the buck would stop somewhere else.”
Kagan, in contrast, believes the constitutional separation of powers allows Congress to establish and safeguard certain areas of administrative independence. And she has relied on Supreme Court rulings, including the 1935 milestone, that have allowed Congress to prevent the president from removing independent administrators without sufficient grounds.
Monday’s case was brought by former Federal Trade Commissioner Rebecca Slaughter, who received a March 18 email from Trump saying her “continued service on the FTC is inconsistent with my Administration’s priorities.” (Under the law governing the FTC, commissioners can be removed only for “inefficiency, neglect of duty, or malfeasance in office.”)
The court’s ruling will extend far beyond Slaughter and the FTC and have vast consequences for specialized regulation in an array of financial, environmental and public safety spheres.
In an early phase of Slaughter’s lawsuit, in September, the Roberts majority reversed a lower court order that would have allowed Slaughter to stay in her post. The move was consistent with Roberts’ opinions that have steadily eroded the reach of Humphrey’s Executor v. United States and signaled he considers it a dead letter.
Related article Supreme Court flicks at First Amendment concerns with state’s subpoena of faith-based pregnancy centers
“The majority may be raring to take that action,” Kagan observed as she dissented from that September action. “But until the deed is done, Humphrey’s controls, and prevents the majority from giving the President the unlimited removal power Congress denied him.”
More broadly, the eventual ruling could build on other decisions providing Trump more power as he carries out his second term agenda. Last year, Roberts and his fellow conservatives granted Trump substantial immunity from prosecution as it expanded the concept of a president’s “conclusive and preclusive” authority. Then, earlier this year, the court freed the administration from lower-court nationwide orders against his various policy initiatives.
These decisions have dissolved constraints on the president, and if the court were to reverse the 1935 case, the president would be further unburdened by congressional legislation barring him from removing agency officials without sufficient grounds.
Vanderbilt University political science professor John Dearborn, who has studied the Reagan era development of a “unitary executive theory” and Roberts’ writings, told CNN, “He’s had these kinds of ideas for a long time, that the only way that agencies are accountable is if the president has the power to fire people.”
‘I didn’t say anything bad about Humphrey’s Executor’
Before joining the bench, Roberts and Kagan were first-rate oral advocates with their own, respective, steady and tenacious styles. Roberts served as a deputy US solicitor general during the George H.W. Bush administrations and then appeared frequently at the court in private practice. He argued a total 39 cases before the high court.
Kagan, who hadn’t previously argued a case at the high court, was named US solicitor general in 2009 by President Barack Obama. She went on to argue six cases, including the presidential-removal controversy, before Obama nominated her to the bench in 2010 to succeed retiring Justice John Paul Stevens.
Continue/Read Original Article Here: Roberts and Kagan prepare for another showdown on executive power | CNN Politics
Tags: Chief Justice Roberts, CNN, CNN Politics, Conservative, Executive Branch, Executive Power, Independent Administrators, Justice Kagan, Liberal, President, Remove Officials, Showdown, Sufficient Grounds, U.S. Congress, U.S. President#ChiefJusticeRoberts #CNN #CNNPolitics #Conservative #ExecutiveBranch #ExecutivePower #IndependentAdministrators #JusticeKagan #Liberal #President #RemoveOfficials #Showdown #SufficientGrounds #USCongress #USPresident
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A quotation from Thomas Hobbes
The Lawes are of no power to protect them, without a Sword in the hands of a man, or men, to cause those laws to be put in execution.
Thomas Hobbes (1588-1679) English philosopher
Leviathan, Part 2 “Of Common-wealth,” ch. 21 “Of the Liberty of Subjects” (1651)More about this quote: wist.info/hobbes-thomas/80415/
#quote #quotes #quotation #qotd #thomashobbes #leviathan #executivepower #force #government #law #lawandorder #lawenforcement #protection #ruleoflaw
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That emergency docket [aka #ShadowDocket], a growing part of #SCOTUS’ work in recent years, has taken on greater importance amid the flood of litigation challenging #Trump’s efforts to *expand* [consolidate] #ExecutivePower.
While the orders are technically temporary, they have had broad practical effects, allowing the admin to #deport tens of thousands of people, discharge #transgender #military service members, fire thousands of #FederalWorkers & slash federal #funding.
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#SCOTUS will evaluate #Trump's expansive claims of presidential #power in its new term
The Supreme Court is beginning a new term Monday with a sharp focus on Trump’s robust assertion of #ExecutivePower.
Pivotal cases on #voting & the rights of #LGBTQ people also are on the agenda. On Tuesday, the justices will hear arguments over bans passed by nearly half of US states on *therapy* aimed at changing sexual #orientation or #gender identity.
#law #ActivistCourt
https://apnews.com/article/supreme-court-trump-executive-power-lgbtq-voting-98285156a1279b2ff7fe15b8d96eef37?utm_source=onesignal&utm_medium=push&utm_campaign=2025-10-06-Opening+session -
A federal #judge blocked #Trump’s plan to deploy 200 #Oregon #NationalGuard troops to #Portland, ruling the move #unconstitutional and “untethered to the facts,” as Oregon officials argued it violated #state #sovereignty and exaggerated unrest; the #WhiteHouse called the decision a “legal insurrection” and appealed, deepening the national clash over #executivepower, #federalism, & the limits of #military force in #US cities. #trump unconstrained by court decisions, #law #constitution #congress