Our lapdog/watchdog press barks as danger approaches:
Trump Could Threaten U.S. Rule of Law, Scholars Say
WASHINGTON — Donald J. Trump’s blustery attacks on the press, complaints about the judicial system and bold claims of presidential power collectively sketch out a constitutional worldview that shows contempt for the First Amendment, the separation of powers and the rule of law, legal experts across the political spectrum say.
Even as much of the Republican political establishment lines up behind its presumptive nominee, many conservative and libertarian legal scholars warn that electing Mr. Trump is a recipe for a constitutional crisis.
“Who knows what Donald Trump with a pen and phone would do?” asked Ilya Shapiro, a lawyer with the libertarian Cato Institute.
Finding conservative and libertarian scholars to make this point is easy, because it's true and more importantly, because it is contrary to conservative and libertarian principles.
But I know what you're thinking - hasn't this been exactly how Obama has behaved? And since you ask, is Little Ms. Email going to be a role model for respecting tedious laws such as the Freedom of Information Act that may advantage her many many enemies? And dare we mention the Clinton Global Shakedown?
Good question! So good that the Times actually tackles it in the four hundred seventy-eighth paragraph (Hyperbole Alert! It is really paragraph nineteen.):
Republican officials have criticized Mr. Obama for what they have called his unconstitutional expansion of executive power. But some legal scholars who share that view say the problem under a President Trump would be worse.
Notice that attacks on Obama's possible executive overreach are framed as purely partisan by "Republican officials" - no Republican or Democratic scholars? Well, yes - over to the right:
“I don’t think he cares about separation of powers at all,” said Richard Epstein, a fellow at the Hoover Institution who also teaches at New York University and the University of Chicago.
President George W. Bush “often went beyond what he should have done,” Professor Epstein said. “I think Obama’s been much worse on that issue pretty consistently, and his underlings have been even more so. But I think Trump doesn’t even think there’s an issue to worry about. He just simply says whatever I want to do I will do.”
It is not as if Obama is winning all of these court cases. Yet the Times couldn't find one liberal scholar to question one thing Obama has done? Or are they under the sudden illusion that on Constitutional questions Times readers routinely refer to right-wing scholars for guidance?
It's going to be a long five months.
WHO HAS TIME? Off the top of my head Obama has been pushed back by the courts on EPA regulations and his "I Did It My Way" approach to immigration "laws". Megan McArdle discusses his spending unappropriated funds as part of the Affordable Care Act. There has been the wink and a nod to the IRS for hounding Tea Party groups. The DoJ oversees settlements that include payments to favored left-wing groups without Congressional appropriation. Other outrages welcome.