• Basic Glitch@lemm.eeOP
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    13 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
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      2 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
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        60 minutes 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
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      14 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.