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State of Permanent Fake Emergency

Today, the structure of law granting exceptional emergency powers is a grave threat to democracy and an avenue toward authoritarian rule.

By way of example, the USA Patriot Act, which was passed in response to the 9/11 attacks, was not adopted until six weeks after the World Trade Center towers fell (and even at that rate, many, in retrospect, think that the legislation was rushed and, as a result, ill-considered). When the steel companies sued, the Supreme Court was called upon to resolve the matter, and by a 6–3 vote, it concluded that Truman had acted in excess of his statutory and constitutional authority. Trump also played the “invasion” card in his decision to invoke the Alien Enemies Act and deport, without due process, Venezuelans who are alleged members of the Tren de Aragua gang.

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