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The Enabling Act of 2024 By Diane Petryk
The Enabling Act of 1933, as it is infamously known, was the German Reichstag's not-so-brilliant move to give dictatorial powers to Adolf Hitler.
Those powers were intended to last for four years.
Needless to say, after four years Herr Hitler had so much control over the military and cabinet officials and his new propaganda machine that there was no need for an extension. And the German democracy had come to an end for the rest of the decade and, indeed, until after the end of World War II, when Germany lay in ruins.
But at the first, Hitler did not seize power, the Germans gave it to him.
By granting presidents immunity regarding all their official acts, the United States Supreme Court has created an Enabling Act for the 21st Century.
Just a few weeks ago it was unthinkable. Political observers and legal scholars said the Supreme Court shouldn't have even taken the case of Trump v United States, in which he claimed immunity, because the answer was self-evident. In this country, no one is above the law. We have been taught that in grade school, high school and college. We have told ourselves that since we got the Republic. Since George Washington turned down the title of King.
George would be doing flips in his grave if such were possible.
Thanks to the conservatives on the court, presidents now have the power of kings. Powers this country has rejected for 248 years.
Indeed, the Supreme Court used the very word “enabling” in its majority 6-3 decision. Immunity was necessary, Chief Justice Roberts wrote for the majority, “...to enable the president to carry out his constitutional duties without undue caution.”
Forty presidents, including Trump, have not had a problem carrying out their duties without being above the law. And, seeing how President Joe Biden had carefully walked the line of helping Ukraine but not setting off WWIII, I kind of like caution. What is undue caution? By definition, “more than is necessary.” But who can say how much is necessary in dealing with a madman like Vladmir Putin?
Think about this: 50 percent of the six justices forming the majority in this ruling were appointed by Trump. That's corruption, if legal. The law must be changed.
The prospects of another Trump presidency with this latest Supreme Court ruling in effect – absolute immunity for a president when carrying out official acts – should terrify everyone.
Trump advised us to drink bleach or take a horse medication, both of which could kill. Good judgment is not there.
Remember when he called for the death penalty for the Central Park 5? Then the boys were found to have been innocent? This president could have people executed before waiting for the normal legal process. He would be, as Sonia Sotomayer wrote in her dissent “immune, immune, immune.”
If you're of similar opinion with the dictator, great for you. But what happens when you don't agree? What happens when the dictator comes for you? Does he admire Putin so much that reporters and American dissidents will start falling from tall buildings?
Folks, the issue is not Biden's age. That's a distraction right now. The issue is, one side will preserve democracy, the other side will drop us into a fascist nightmare.
In a perfect world both Biden and Trump would be ineligible for the presidency because both have exhibited some lapses of cognition. But we don't have a perfect world and this is our choice-- at least as of today. Biden could be in a coma and we should still vote for him. If he becomes truly incapacitated, the vice president will take over. But at least she belongs to the party with democratic principles.
Think you might be better off economically or evangelically under Trump. Think again. His promises are often broken. If someone were going to give you $6 million but the stipulation was that you must live in Putin's Russia; Orban's Hungary, Xi's China, or that hot mess North Korea? Which would you choose? I would say keep your $6 million, I choose to live in a country of freedom and democracy.
There is no issue in this election but democracy.
This is the first in a series called Avoiding Catastrophe. Author Diane Petryk can be reached at bloomplanet@gmail.com. |
